If you have been involved in a serious car wreck in Fort Myers and suffered severe injuries, the legal process for seeking compensation can be complex. You have legal options to recover compensation for your medical bills, lost income, pain and suffering, and possibly more. The severity of your injuries will dictate the legal process, underscoring the need for professional guidance.
OurFort Myers car accident lawyers can help explain how Florida’s auto insurance system works and how it will affect your legal options. They can also guide you through the legal process, negotiate with insurance companies on your behalf, and represent you in court if necessary.
Injuries Sustained From a Serious Car Accident
The effects of car accidents can be minor tocatastrophic. The speed traveled, the weight, and even how the two vehicles collide can all influence the injuries accident victims may sustain. Typical injuries from serious car crashes can include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Broken and crushed bones
- Internal bleeding and organ damage
Aftereffects of a Car Crash Can Be More Than Physical Injuries
In addition to physical injuries, serious crash victims can also suffer emotional and mental trauma. They may experience depression, anxiety, and PTSD. Our legal team understands the emotional toll of a serious crash and is here to help you navigate the legal process, providing the empathy and support you need.
Florida’s No-Fault Insurance System
UnderFlorida Statutes § 627.736, all drivers must carry a PIP insurance policy. After any car accident, you have access to this insurance, but it only covers the following:
- 80% of your necessary medical care
- 60% of your gross income
- $5,000 in death benefits
Pain and suffering are not covered under this policy, nor may you file a lawsuit against the other driver unless you reach the serious injury threshold.
A Lawsuit Requires Meeting the Serious Injury Threshold
The serious injury threshold, found underFlorida Statutes § 627.737, allows you access to funds beyond your PIP coverage. If you canprove the other driver was negligent and your injuries meet the following criteria, you may file a lawsuit. Those criteria include:
- Permanent or significant loss of function
- Permanent or significant injury
- Permanent or significant scarring
- Death
However, additional laws could influence your lawsuit.
What Compensation Can You Recover After a Serious Crash?
If your injuries qualify under Florida’s serious injury threshold, you can pursue additional compensation beyond what PIP offers. A successful personal injury lawsuit may help you recover:
- Full medical expenses, including future treatment and rehabilitation
- Lost wages and loss of earning potential
- Pain and suffering, including emotional distress
- Loss of enjoyment of life
- Property damage, such as vehicle repair or replacement
- Wrongful death damages, if a loved one passed away
Insurance companies often undervalue these non-economic damages. A Fort Myers car accident lawyer can help you quantify them and build a strong case to recover what you truly deserve.
Florida Follows a Modified Comparative Fault
PerFlorida Statutes § 768.81, all parties in an accident may share a degree of fault. Presented as a percentage, your degree of fault will reduce your settlement. For example, if it is found that you were 10% at fault and the settlement value is $100,000, you would receive $90,000.
However, if you are greater than 50%, you may not receive any settlement.
This rule means your actions leading up to the crash will be scrutinized. For example, if you were speeding, distracted, or failed to yield, the other party may argue that you contributed to the accident. Insurance adjusters may use this to reduce your payout, or deny your claim altogether.
Having a legal team investigate the crash, collect traffic camera footage, analyze the accident report, and speak with witnesses can help defend against inflated claims of fault and protect your right to fair compensation.
Common Challenges When Filing a Serious Injury Claim
Even if you have a strong case, securing compensation after a serious crash isn’t always easy. Victims often face:
- Insurance delays or denials for seemingly valid claims
- Disputes over the extent of injuries
- Lowball settlement offers
- Lack of evidence or accident reconstruction
Some insurers may argue that your injuries aren’t as serious as claimed or were pre-existing. Others may try to settle quickly, before you understand the full extent of your injuries.
Having a Fort Myers personal injury attorney on your side ensures that your rights are protected and your injuries are fully accounted for before any agreements are signed.
Deadlines and Statute of Limitations
To receive PIP coverage, you must see a doctor within 14 days after the car accident. To pursue a lawsuit, you must file a complaint with the Lee County courthouse within two years (Florida Statutes § 95.11).
Missing either of these deadlines could significantly affect your ability to collect fair compensation. It’s crucial to act promptly and meet these deadlines to ensure your legal rights are protected.
Protect Your Legal Options and Call Us Today
TheFort Myers personal injury lawyers with the Law Offices of Wolf & Pravato understand these laws and know the tactics insurance companies use to devalue and deny legitimate claims. Call us today at (954) 633-8270 for a free case consultation and learn more about your legal options.
Frequently Asked Questions
Do I need a lawyer to file a PIP claim?
No, but working with a lawyer ensures you’re not missing out on potential compensation beyond your PIP. They can also make sure your paperwork is complete and submitted on time. To file a PIP claim, you need to report the accident to your insurance company, seek medical treatment, and submit the necessary documents within the specified time frame.
Can I sue if my loved one died in a car accident?
Yes. You may be eligible to file a wrongful death lawsuit under Florida law if the crash resulted in a fatality due to another driver’s negligence.
What if I was hit by an uninsured driver?
You may still have options through your uninsured motorist (UM) coverage. Your attorney can help you explore all available insurance resources for recovery.