Personal Injury Lawsuit Filed Against Driver Or Insurance Company
When you sustain an injury in a car accident in Florida, you can seek compensation by filing a claim with your insurance company and possibly by filing a lawsuit against the driver directly.
Typically, a driver injured in a Florida personal injury case must first seek compensation from their own insurer using their plan’s personal injury protection (PIP) coverage.
If the extent of their damages exceeds their policy’s maximum PIP limit, or if serious injuries were sustained, they may be able to go after the responsible driver for the remainder of their losses in a personal injury lawsuit.
How Florida’s Being a No-Fault State Affects Your Personal Injury Case
Florida is a no-fault auto insurance state. This means that when a car accident occurs, each of the involved parties files a claim with their respective auto insurance companies. It does not matter who caused the accident. Your damages may be covered by your PIP insurance, which comes with your car insurance policy.
However, your PIP insurance places a limit on the number of medical expenses your insurance company will cover. It also does not allow you to pursue pain and suffering damages.
If the damages from your injuries exceed your PIP coverage, you may be able to file a personal injury lawsuit against the at-fault driver.
Florida’s Serious Injury Threshold
You may also be able to sue the other driver if the extent of your injuries meets Florida law’s serious injury threshold. This threshold includes:
- Significant and permanent loss of an important bodily function
- Permanent injury, other than disfigurement or scarring
- Permanent and significant disfigurement or scarring
You may be able to recover damages for pain and suffering if your case meets one of these thresholds.
Dealing With the Insurance Company
You can expect to receive a call from the insurance company shortly after you file your claim. They may want to talk about the accident and your injuries, and they might even ask you to give a recorded statement.
We recommend using caution when speaking to an insurance company after an accident, even your own. They may try to use your statements against you to reduce or deny you compensation.
You may want to consult with a personal injury lawyer before speaking with an insurance company. They may be able to offer you advice or communicate with an insurance company on your behalf when they represent you.
We Can Help You File Your Claim After Your Car Accident
The Law Offices of Wolf & Pravato understands how confusing Florida’s personal injury laws can be. At a time when you are trying to recover physically and emotionally from your accident, we are here to take the burden of seeking compensation off your shoulders.
We may be able to represent you in a personal injury case against your insurance company or the responsible party, where our Fort Myers personal injury attorneys can.
- Answer your questions and provide legal advice
- Determine who is liable for your injuries
- Gather evidence of their liability
- Gather evidence of the extent of your injuries, including evidence needed to demonstrate their serious nature, if applicable
- Communicate with the insurance companies and other parties on your behalf
- Negotiate for a fair settlement offer
- Take the case to court if necessary
Call the Law Offices of Wolf & Pravato today for a free consultation and to learn of your legal options moving forward. Our Fort Lauderdale car accident lawyer may be able to represent your case on contingency-fee basis where we only collect legal fees if and when we win a settlement or award on your behalf.
Contact us today at (954) 633-8270.