If you’ve experienced a car accident in West Palm Beach, it’s important to know all the relevant car accident laws in Florida so you can take action and get the money you deserve after your wreck. Right after your car accident occurs, you should seek medical attention and take the time to recover. Once you’ve sufficiently healed, you can assess the damages you’ve suffered and move forward with a claim.
If you’ve never been in a car accident before, you may be unsure how to proceed with your case. Florida requires drivers to hold car insurance, but knowing whether to file an insurance claim or a lawsuit can be difficult. A West Palm Beach car accident lawyer can help you get the most out of your claim.
Florida’s no-fault car insurance law requires all drivers to carry a minimum of $10,000 in personal injury protection (PIP) insurance. This insurance covers your medical expenses and lost income if you get into an accident, regardless of who’s at fault.
PIP insurance doesn’t cover property damage, so if you suffer property damage in your accident or if your damages exceed $10,000, you must sue the at-fault party to recover a settlement for this.
If you shared fault in your car accident, Florida’s pure comparative negligence law will come into play. You can sue the liable party regardless of your percentage of fault in the wreck, but the court will deduct your percentage of fault from your overall settlement.
For example, if your damages equal $100,000 and you’re 20 percent at fault for your car accident, you should receive $80,000. However, you’ll ultimately receive $70,000 in the settlement, because your PIP insurance should cover the initial $10,000 of your damages.
The statute of limitations in Florida for filing a personal injury lawsuit is four years. Sticking to the statute of limitations is crucial because if you wait until the four-year time limit is up to file your claim, you’ll miss out on your opportunity to win a settlement. Four years is a longer time limit than most states allow, but the sooner you file your claim, the stronger your case will be.
You may think filing a car accident lawsuit in West Palm Beach is pointless if you know Florida has a no-fault car insurance law. However, once you understand the exceptions to no-fault insurance, you’ll see there are many ways to take legal action even with this law in place.
It’s important to speak with an experienced attorney if you’re unsure whether you have grounds for a car accident claim in West Palm Beach. You deserve justice and closure after what you’ve been through, and the right legal team will work hard to get you the maximum settlement. Insurance companies often put their own financial interests above their clients. Filing a legal claim could be the smartest way to maximize your payout.
Casey D. Shomo serves all of Palm Beach County and specializes in the representation of individuals and families in catastrophic injury and wrongful death cases, particularly when called upon to fulfill the role of a West Palm Beach car accident attorney. He has extensive litigation and trial experience in complex cases involving medical malpractice, motor vehicle accidents, nursing home abuse and other complex personal injury and wrongful death matters.As an experienced West Palm Beach medical malpractice lawyer, he provides each of his clients the expertise and focus to resolve their case in a prompt and efficient manner in the full measure of justice.... View full business profile here: The Law Offices of Casey D. Shomo, PA
