Sue You For A Car Accident In Fort Myers
Yes, if you cause a car accident that results in an individual suffering an injury, and their personal injury protection (PIP) for auto insurance does not cover all of their medical expenses and wage losses, they can sue you for the outstanding damages. Also, if the hurt individual sustains injuries that exceed Florida’s serious injury threshold, they can sue you for damages.
In order for a lawsuit against you to be successful, the other party will need proof that your negligence caused the accident. Without this proof, you may not be held liable for their injuries.
If the other party was responsible for the accident, and you received injuries, then you may be able to sue them.
Understanding Florida’s Car Insurance and Accident Laws
Several aspects of Florida’s motor vehicle statutes affect what happens in the aftermath of a car crash.
Personal Injury Protection (PIP) Auto Insurance
Florida is a no-fault auto insurance state, which means that even if you cause a car accident that injures another person, the injured party must still seek compensation for their medical expenses and wage losses through their own personal PIP insurance.
This coverage does not completely relieve you, as the person who caused the crash, from financial responsibility. If the other party’s medical expenses exceed their PIP coverage, they may be able to sue you for the outstanding damages.
The Serious Injury Threshold
Furthermore, the injured individual’s family can sue you for damages if they sustain injuries that meet Florida’s serious injury threshold, which includes permanent loss of an important bodily function, disfigurement and scarring, permanent injury within a reasonable degree of medical probability, and death, in which case their surviving family may be able to sue you.
Bodily Injury Liability
For amounts not covered by the other party’s PIP coverage, your insurance policy’s bodily injury liability will begin to pay out damages.
Damages the Injured Party May Recover in a Lawsuit
When an injured individual sues you for their injuries resulting from the car accident you caused, you may be liable for their:
- Medical costs not covered by their PIP and your bodily injury liability coverage
- Pain and suffering
- Mental anguish
- Lost wages and benefits
There may be additional damages you could end up paying if the injured person sues you.
Florida’s Pure Comparative Negligence Law Means You Might Be Able to Sue, Too
Florida is a pure comparative negligence state, which means that damages are awarded according to what amount of fault each person possesses in the accident. Accordingly, if another driver sues you, you may be able to reduce your liability by proving that they were partially at fault for the accident, too.
On the other hand, if the other driver was partially at fault for injuries you sustained, you may be able to sue them. For example, a jury might award you $100,000, but if they conclude that you were 20 percent responsible for causing the collision, the jury will reduce compensation by 20 percent ($20,000)—resulting in a final award of $80,000.
The Law Offices of Wolf & Pravato Helps Injured Parties After a Car Accident
The Law Offices of Wolf & Pravato handles personal injury claims for Fort Myers car accident victims. If you believe another party was responsible or partially responsible for your accident, call us today at (954) 633-8270 for a free consultation. We may be able to investigate your case for evidence that demonstrates the other driver is liable for your injuries.
We also help the victims of a car accident in the following cities: