When Can You Sue for Damages After a Car Accident in Florida?
Car accidents can be life-altering, leaving victims with physical injuries, emotional distress, and financial burdens. In Florida, the process of seeking compensation for damages after a car accident is influenced by the state’s unique laws, including its no-fault insurance system. Understanding when you can sue for damages is crucial to protecting your rights and recovering the compensation you deserve.
At High Stack Law, our dedicated Florida car accident attorneys can help you understand how to seek the compensation you deserve. Schedule a consultation to learn more about how we can help.
Florida’s No-Fault Insurance System
Florida operates under a no-fault insurance system, which means that after a car accident, each driver’s insurance covers their own medical expenses and lost wages, regardless of who caused the accident. This system is designed to streamline the claims process and reduce the need for litigation.
However, no-fault insurance has its limits. It only covers up to the policy’s Personal Injury Protection (PIP) limits, which are typically capped at $10,000. If your damages exceed this amount or meet certain criteria, you may be eligible to file a lawsuit against the at-fault driver.
When Can You Sue for Damages?
You can sue for damages after a car accident in Florida if your injuries meet the state’s legal threshold for serious injuries. According to Florida law, serious injuries include:
- Permanent injury: This could involve a permanent loss of bodily function or a condition that will not improve over time.
- Significant and permanent scarring or disfigurement: Injuries that leave lasting physical marks or deformities.
- Death: In cases where the accident results in a fatality, the victim’s family may file a wrongful death lawsuit.
If your injuries fall into one of these categories, you can step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver.
Types of Damages You Can Recover
When you sue for damages after a car accident in Florida, you may be entitled to compensation for:
- Medical Expenses: This includes current and future medical bills, rehabilitation costs, and any necessary medical equipment.
- Lost Wages: Compensation for income lost due to your inability to work, as well as future earning potential if your injuries prevent you from returning to your previous job.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
- Property Damage: Costs to repair or replace your vehicle and other personal property damaged in the accident.
Statute of Limitations
In Florida, the statute of limitations for filing a car accident lawsuit is two years from the date of the accident. This means you must file your claim within this time frame, or you may lose your right to seek compensation.
Exceptions may apply in certain circumstances, so it’s essential to consult with an attorney to ensure you meet all deadlines.
Steps to Take After a Car Accident
If you’re considering suing for damages after a car accident in Florida, taking the following steps can strengthen your case:
- Seek Medical Attention: Even if your injuries seem minor, it’s important to get a medical evaluation. Documentation of your injuries is critical for your claim.
- Gather Evidence: Collect photos of the accident scene, your injuries, and property damage. Obtain contact information from witnesses and keep copies of police reports.
- Consult an Attorney: An experienced personal injury attorney can help you navigate Florida’s complex legal system and build a strong case.
- File Your Claim Promptly: Don’t wait until the last minute to file your lawsuit. Acting quickly ensures you meet the statute of limitations and preserves evidence.
Learn When You Can Sue After a Florida Car Accident
While Florida’s no-fault insurance system simplifies the claims process for minor accidents, it does not always provide adequate compensation for serious injuries. If you were involved in a car accident and believe your injuries meet the legal threshold, you may have the right to sue for damages.
Consult the Florida car accident lawyers at High Stack Law for assistance. Contact us today for a consultation of your case.