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Car accidents are unfortunately common throughout the state of Florida. Each year, Tampa residents suffer severe injuries, vehicle damage, and other losses due to the negligent actions of other drivers. The aftermath of a car accident can lead to significant financial hardship due to medical bills, lost wages, and other expenses.
If you are injured in a Tampa motor vehicle accident, you may be eligible for financial compensation. In these situations, the Tampa car accident attorneys at Salter, Healy, Rivera & Heptner can guide you through the insurance claims process and help you secure the damages you need to recover.
Car accidents can happen due to a number of circumstances. For example, a government agency may neglect roads, leading to potholes and other types of damage that can lead to a collision. Inclement weather conditions and defective automobile parts may also cause an accident. In many cases, however, car accidents occur due to negligent driving behaviors and breaches of traffic law.
Examples of driver negligence include the following.
When handling car accident cases, states typically follow a fault or no-fault system. Most states are fault-based, meaning that negligent drivers are financially responsible for the losses that their victims sustain in an accident. Florida, on the other hand, follows a no-fault system. This means that a driver’s own insurance policy usually covers their losses unless certain thresholds are met.
Florida’s insurance laws require all drivers to hold at least $10,000 in personal injury protection (PIP) insurance, which pays for the policyholder’s financial damages like medical expenses and lost wages following a car accident, regardless of fault. Florida drivers must also carry $10,000 in property damage liability (PDL) coverage, which pays for vehicle repairs for other parties injured in an accident that the policyholder caused.
If you are injured in a Tampa car accident, you can obtain compensation for your losses by filing a PIP claim. You can also recover damages for vehicle repairs by filing a PDL claim against the at-fault driver. However, having a Tampa personal injury attorney on your side can make the process much smoother and ensure that you receive the maximum amount of compensation you are owed.
While your own insurance will pay 80 percent of the first $10,000 in medical bills, we can present a claim against the at-fault driver for the other 20% of the initial unpaid bills, all medical expenses over the $10,000, along with future medical bills, past and future lost wages, and pain and suffering damages.
Under Florida law, a car accident victim can escalate their case to a third-party insurance claim or personal injury lawsuit if his or her injuries meet certain criteria. Florida defines an injury as serious if it meets at least one of the following criteria.
For example, if you are involved in a Tampa car accident and you sustain bruises, lacerations, and a sprained wrist, your injury will not likely qualify as serious. However, if your wrist was broken in the collision, you could pursue a third-party claim. Additionally, there are various types of catastrophic injury claims that will almost always rise above the thresholds needed to file a personal injury lawsuit against another driver. This includes, but is not limited to, the following:
Speak to an attorney at Salter, Healy, Rivera & Heptner as soon as possible to determine your eligibility and optimal legal pathway. Depending on the circumstances, you may not need to meet the serious injury threshold.
Car accidents can result in devastating losses that can have a severe impact on your quality of life. You may be unable to go to work, drive your vehicle, or pay for your medical expenses. Through a car accident lawsuit or insurance claim, however, you can recover compensatory damages to pay for your economic and non-economic losses.
Examples of damages available to Tampa car accident victims include the following.
Florida’s no-fault system helps vehicle accident victims receive compensation through insurance settlements. However, certain thresholds allow for claims that rise above the no-fault system, permitting individuals to pursue a civil personal injury claim against another party. Under recent tort reform changes, Florida has adopted a modified comparative negligence system that affects these third-party personal injury claims.
The new system means that individuals can recover compensation only if they are less than 51% at fault for the incident. If they are 51% or more at fault, they are not going to be able to recover damages from the other parties involved. For those partially responsible yet still less than 51% at fault, the compensation will be reduced based on their degree of responsibility. For instance, if a plaintiff would typically receive $100,000 for their injuries but is found to be 30% responsible for their injuries, they will receive only $70,000 to account for their share of the fault.
This significant change to Florida’s negligence laws emphasizes the importance of presenting a well-prepared case, as determining fault percentages can significantly impact compensation eligibility and the final award amount. Seeking legal assistance from a knowledgeable personal injury lawyer in Tampa will give you the best chance of obtaining fair compensation under this new system.
There are various timelines to keep in mind when handling a vehicle accident claim in Tampa, Florida. First, most claims will be managed through insurance carriers due to the no-fault system, which requires individuals to turn to their personal insurance for compensation in most situations. Insurance companies have strict reporting deadlines, often requiring claims to be filed within a day or two of the incident. File your claim with your insurance provider promptly to avoid delays.
However, if your case surpasses the no-fault threshold and allows you to file a civil personal injury lawsuit against another party, different timelines apply. Recent tort reform changes in Florida have shortened the statute of limitations for personal injury lawsuits. Now, individuals have two years from the date of the accident to file a lawsuit against the alleged negligent party instead of the previous four-year window. Missing this two-year deadline will result in forfeiting the right to recover compensation for losses.
If you are filing an insurance claim or lawsuit for a car or truck accident in Tampa, you need an attorney on your side. Navigating Florida’s car accident claims process can be difficult after a recent injury and hiring an attorney will provide you with the resources, experience, and knowledge necessary to develop a compelling case.
A Tampa car accident attorney from Salter, Healy, Rivera & Heptner can deliver several benefits to your claim, including the following.
At Salter, Healy, Rivera & Heptner, we are proud to offer free consultations to all clients. You can come to us so we can help determine the next best steps without having to worry about handing over any initial fees. Additionally, we take car accident claims on a contingency fee basis. This means clients pay absolutely no legal fees until we secure the compensation they are entitled to. If we do not win, our clients do not pay anything.
There are several steps you can take if you have been involved in a vehicle accident. We suggest trying to get through most of these steps as quickly as possible, at least as quickly as your situation permits.
Are you recovering from the aftermath of a Tampa car accident? The experienced team at Salter, Healy, Rivera & Heptner can help you secure the compensation you need to recover from your losses. Contact us today to schedule a free consultation and strategize your optimal path to recovery with a Tampa car accident lawyer.