There’s a widespread misperception that Florida’s F.S. 627.736 no-fault auto insurance statute excludes responsibility determination from automobile accident cases. This is untrue. It is true that up to $10,000 in damages, paid to the policyholder regardless of responsibility, can be obtained for things like medical bills and lost income through the personal injury protection (PIP) coverage mandated for all Florida-registered automobiles. But as you probably already know, $10,000 is not nearly enough to compensate for all of one’s losses in a collision—especially if there are catastrophic injuries.
In 2021, the average economic cost of an automobile accident that renders a person disabled is estimated by the National Safety Council to be $155,000. This covers lost wages and productivity, medical bills, property damage, and employer-only uninsured costs. A fatal crash typically costs $1.8 million to repair. The cost was $24,000, which is 150% more than what PIP pays, even in situations when the injury is “possible but not evident.”
Due to Florida’s no-fault legislation, you must first contact your PIP insurer. In the event that your injuries above the “serious injury threshold,” you have the option to file a lawsuit against the negligent drivers outside of this system.
Florida’s statute of limitations is now two years
Florida personal injury laws enabled most types of claims to be filed up to four years from the date of injury until 2023. Lawmakers, however, have cut that in half. You now have a 2-year window, barring a rare exception, in which to submit your claim. Although it may feel like a long time, most claims begin with discussions with the insurance company. Cases are only brought before a judge if they are unsuccessful. The new law reduces the length of time an attorney has to look into the issue, negotiate, evaluate whether the defense offers a fair and comprehensive settlement, and/or, in the event that litigation is required, file a lawsuit. Due to the shortened time frame, potential plaintiffs should begin contacting lawyers as soon as they even remotely suspect they may want to make a claim. This will give you a clearer idea of the kind of deadline you have and what must be completed before filing.Modified Comparative Negligence Rules Are Applicable in Florida
When the plaintiff and the defendant share fault, the situation is referred to as comparative negligence. In certain states, a person cannot file a lawsuit at all if they have even partial responsibility. Partially at-fault plaintiffs may file lawsuits in other states, but their chances of success are diminished.
Up until 2023, Florida’s comparative negligence statutes were extremely expansive. In the past, a plaintiff could be found to be 99% at fault and nonetheless file a lawsuit for the remaining 1%. Proponents of tort reform claimed that this resulted in pointless lawsuits. In actuality, a 99/1 result is so undesired as to be a strong disincentive in and of itself. The compensation for an injury lawyer comes from the plaintiff’s recovery; typically, this is about a thirty percent cut. In the event that a $100,000 claim is filed, extensive legal work is done, and the plaintiff and attorney are determined to be 90% at fault, it is barely worth the effort.
However, your lawsuit is now fully barred if you are determined to be 51 percent or more at fault. This is an issue that affects more than just plaintiffs and their lawyers. It lets those who were found to be up to 49% culpable for a serious accident and who were acting irresponsibly off the hook entirely, leaving the victim to foot the bill. Because of this, it’s more crucial than ever to work with a skilled Florida personal injury attorney who is prepared to vigorously contest any allegations of comparative negligence.
Contingency Fee Agreements are used to pay attorneys
As we’ve previously discussed, Florida injury attorneys get paid by taking a portion of the settlement in a successful lawsuit as attorney fees. We don’t receive any payment for legal fees in the event that the case is unsuccessful.
This has several advantages for plaintiffs. First of all, financial means is not a barrier to filing a Florida personal injury claim. The personal injury attorney in Melbourne, Florida you consult with will base their opinion on merit: What is the probability of your victory? You will not be denied the opportunity to pursue justice merely because you are unable to pay a deposit up front.
Second, it implies that you are given a very accurate first estimate of your chances. Attorneys for the plaintiffs have no motive to persuade you to pursue a flimsy case.
Penalties Aren’t the Norm; additionally, a cap exists
In personal injury lawsuits in Florida, there are two kinds of damages available: compensatory and punitive. The goal of compensatory damages is to make up for the harm that someone else’s carelessness caused. Punitive damages are meant to hold the offending party accountable for their acts and serve as a warning to others who might be considering taking similar actions.
In personal injury lawsuits, awards of punitive damages are not always granted. They are actually quite uncommon, and you need the judge’s permission before asking the jury to grant it. Usually, it’s saved for situations where there has been egregious negligence or deliberate misconduct. Drunk driving injury cases are the most frequent ones that result in punitive damages.
Summary
When trying to be compensated for an injury received during a car accident or any other sort, it is important to educate yourself about the law regarding this topic. There are a myriad of laws pertaining to this subject. An attorney will help you navigate these laws and this environment. They usually only charge a fee if you win your case. It’s usually a 30-40% cut of the award.
Your chances of winning your case increase exponentially when you hire a professional attorney from the start. They help you assemble a case from the beginning and miss the pitfalls which exist in this process.
