How Do Florida’s No Fault Laws Impact My Accident Settlement?
Brian O Sutter
Accident Lawyers
Florida is one of several states in the United States that is a no fault state. This means your insurance will pay for your injuries no matter who was at fault. It is required in Florida for every driver to carry a minimum of $10,000 in personal injury protection per person. However, Florida law does allow injured victims to file a personal injury lawsuit if you have been seriously injured as a result of the accident. These injuries include:● A permanent injury
● Significant and permanent disfigurement or scarring
● Significant and permanent loss of a bodily function.
● Death (Your estate would file)
What is the Burden Of Proof In A Florida Lawsuit
When you file a personal injury lawsuit and you are the victim, you and your personal injury attorney will have the “burden” of proving a “preponderance” of evidence that every element required in your claim is present. The four elements that you must prove in the state of Florida are:
• Duty: You must show that the defendant had a legal obligation to act with reasonable care so there is no risk of harm. Example would be stopping at a red light when driving.
• Breach: You have to show that this person or entity breached this duty. Ex: Defendant sped through a red light and hit you broadside.
• Causation: You and your attorney must present facts that demonstrate a link between the breach of duty and the accident that caused your injuries. Example: Since the defendant sped through the red light and broadsided you, the direct hit caused you to be in the hospital for a month.
• Damages: You must prove that you sustained losses because of your injuries. Ex: Because the defendant sped through the light and broadsided you and you were hospitalized for a month you could not work and have a pile of hospital bills you would not have had if he had acted with reasonable care and stopped at the red light.
Establishing Burden Of Proof In Florida Lawsuit
As the victim you have to provide the proof. The steps you take immediately at the time of the accident and afterwards will help provide evidence and help strengthen your claim. Here are some steps we recommend:
• Write down everything you can remember about how the accident happened as soon as you can while it is still fresh in your mind.
• If possible, take photos, not just of the accident but the street any intersections and tire marks.
• Get names and numbers of the witnesses who saw the information if possible.
• Make sure it is documented by the police and get a copy of the report.
• Seek medical attention for your injuries immediately.
• Follow all recommendations, medications, and follow-up medical appointments.
• Contact a personal injury attorney as soon as possible.
• Do not over share to the insurance company, refer them to your lawyer instead.
• Do not share on social media.
It is important that you remember that insurance companies are for profit. They keep a staff of attorneys on hand just to settle as fast and for as little as possible to keep their stockholders happy. It is amazing what these attorneys can take from a simple conversation and twist it to make it seem as if you were at fault.
What Kind Of Damages Are Included A Personal Injury Lawsuit
When looking at compensation for damages that you received as a result of the accident, those damages may include:
● Current and future medical expenses.
● Lost wages from not being able to work, attending medical appointments or therapy.
● Lost earning capacity in case you cannot return to the same job or if the accident left you unable to work.
● Damages for permanent disfigurement
● Property damage
● Emotional distress, pain and suffering
● Loss of consortium
● Any other damages that were a direct result from the accident.
When it comes to hiring a personal injury lawyer it is important that you choose an attorney that will fight for you and is experienced to get you the compensation you deserve. The attorneys at All Injuries Law Firm only handle personal injury cases making them experts in their field. We have represented thousands of clients and understand the traumatic time you are going through. We will fight the insurance companies to get you the compensation you deserve. Call us at 1-925-641-HURT to learn more today!