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Auto Accident Attorney in Florida

Auto Accident Attorney in Florida

Florida is a “comparative fault” state. In Florida, every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Florida State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

Florida has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Florida.

Minimum Florida Car Insurance Cover

Florida auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under Florida State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Florida insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in Florida

Florida is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in Florida Sue?

Florida is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in Florida can also defend you against criminal charges

How many Auto Accidents in Florida

Over 3,700 people are killed in auto accidents in Florida each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Florida State Government

The fatality rate on Florida roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in Florida last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in Florida 2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in Florida
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • Florida saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in Florida roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in Florida

What do you do after a car accident in Florida?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Florida.

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in Florida

Is Florida a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in Florida made up the largest share of the Florida Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in Florida with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in Florida
  • Florida Auto Accident Attorney Generalist
  • Florida Insurance Auto Accident Attorney
  • Personal Injury Attorney in Florida
  • Commercial Vehicle Auto Accident Attorney in Florida
  • Uber Auto Attorney in Florida
  • Lyft Auto Accident Attorney in Florida

Florida Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in Florida is two years from the date of the car accident (Sec. 16.003). The Florida two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Florida.

How long does an insurance company have to settle a claim in Florida?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in Florida may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Florida.
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a Florida insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in Florida may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in Florida?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the Florida Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a Florida car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is Florida a no-fault state

Florida is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Florida as PIP.  Every driver in Florida is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in Florida for Personal Injury

Florida uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

Florida Auto Attorney Insurance Claims Rights

According to the Florida Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Florida and consult an auto accident attorney in Florida with immediate effect.

Over 72% of Auto Accident Attorneys in Florida are hired to fight an individual’s own insurance company for a better deal.

Florida State Auto Accident Demographics

Florida (/ˈflɒrɪdə/ (listen)) is the southernmost contiguous state in the United States. The state is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Atlantic Ocean, and to the south by the Straits of Florida. Florida is the 22nd-most extensive (65,755 sq mi or 170,300 km2), the 3rd-most populous (21,312,211 inhabitants), and the 8th-most densely populated (384.3/sq mi or 148.4/km2) of the U.S. states. Jacksonville is the most populous municipality in the state and the largest city by area in the contiguous United States. The Miami metropolitan area is Florida’s most populous urban area. Tallahassee is the state’s capital.

Florida’s $1.0 trillion economy is the fourth largest in the United States. If it were a country, Florida would be the 16th largest economy in the world, and the 58th most populous as of 2018. In 2017, Florida’s per capita personal income was $47,684, ranking 26th in the nation. The unemployment rate in September 2018 was 3.5% and ranked as the 18th in the United States. Florida exports nearly $55 billion in goods made in the state, the 8th highest among all states. The Miami Metropolitan Area is by far the largest urban economy in Florida and the 12th largest in the United States with a GDP of $345 billion as of 2017. This is more than twice the number of the next metro area, the Tampa Bay Area, which has a GDP of $145 billion. Florida is home to 51 of the world’s billionaires with most of them residing in South Florida.

The first European contact was made in 1513 by Spanish explorer Juan Ponce de León, who called it la Florida ([la floˈɾiða] “the land of flowers”) upon landing there in the Easter season, known in Spanish as Pascua Florida. Florida was a challenge for the European colonial powers before it gained statehood in the United States in 1845. It was a principal location of the Seminole Wars against the Native Americans, and racial segregation after the American Civil War.

Today, Florida is distinctive for its large Cuban expatriate community and high population growth, as well as for its increasing environmental issues. The state’s economy relies mainly on tourism, agriculture, and transportation, which developed in the late 19th century. Florida is also renowned for amusement parks, orange crops, winter vegetables, the Kennedy Space Center, and as a popular destination for retirees. Florida is the flattest state in the United States.Lake Okeechobee is the largest freshwater lake in the U.S. state of Florida.

Florida’s close proximity to the ocean influences many aspects of Florida culture and daily life. Florida is a reflection of influences and multiple inheritance; African, European, indigenous, and Latino heritages can be found in the architecture and cuisine. Florida has attracted many writers such as Marjorie Kinnan Rawlings, Ernest Hemingway and Tennessee Williams, and continues to attract celebrities and athletes. It is internationally known for golf, tennis, auto racing, and water sports. Several beaches in Florida have turquoise and emerald-colored coastal waters.

About two-thirds of Florida occupies a peninsula between the Gulf of Mexico and the Atlantic Ocean. Florida has the longest coastline in the contiguous United States, approximately 1,350 miles (2,170 km), not including the contribution of the many barrier islands. Florida has a total of 4,510 islands that are ten acres or larger in area. This is the second-highest number of islands of any state of the United States; only Alaska has more. It is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. Much of the state is at or near sea level and is characterized by sedimentary soil. Florida has the lowest high point of any U.S. state. The climate varies from subtropical in the north to tropical in the south. The American alligator, American crocodile, American flamingo, Roseate spoonbill, Florida panther, bottlenose dolphin, and manatee can be found in Everglades National Park in the southern part of the state. Along with Hawaii, Florida is one of only two states that has a tropical climate, and is the only continental state with either a tropical climate or a coral reef. The Florida Reef is the only living coral barrier reef in the continental United States, and the third-largest coral barrier reef system in the world (after the Great Barrier Reef and Belize Barrier Reef).

Can someone sue you for a car accident if you have insurance in Florida?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in Florida for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in Florida?

You must file an accident report with the Florida Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Florida

Do I need an Auto Accident Attorney in Florida?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Florida.  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in Florida

The average car accident compensation settlement in Florida is $22,887 in 2018, according to the Florida bureau of Statistics. The average auto accident payout by using an auto accident attorney in Florida was $44,887.

Hit by a Drunk Driver in Florida

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Florida and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of Florida check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

Florida is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in Florida against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Florida will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in Florida how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in Florida

What Damages can I claim for after a Florida Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in Florida

Florida uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in Florida increase my Pain and Suffering Payout

An experienced auto accident attorney in Florida will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in Florida

Florida does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Florida, expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in Florida

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in Florida for a free consultation

Where do most Auto Accidents happen in Florida

According to the Florida Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Florida happen in the following places:

(List of all areas in Florida with more than 40,000 people)

Get an Auto Accident Lawyer in Florida because the State Legal System is Complex

The Florida legal system is complex and navigating Florida personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Florida should help reduce stress and maximize your financial compensation payout.