What Am I Entitled to After a Car Accident in Florida?
After a serious car accident, you may be wondering what compensation you are owed. Serious injuries can lead to high medical costs, time lost at work, significant pain, and a long recovery time. You deserve compensation for everything that you have been through. Florida’s no-fault insurance system can complicate this answer for residents, but your attorney is more than ready to pursue the full measure of what you are entitled to after a Florida car accident.
At High Stack Law, we explain the compensation available to you after a car accident. Speak with us in a consultation to learn more about how we can help.
How No-Fault Insurance Impacts Your Compensation
Florida Statutes § 627.736 obligates every Florida driver to carry no-fault insurance. This requires each driver to carry up to $10,000 in property damage coverage and $10,000 in personal injury protection (PIP). For damages that stay below these thresholds, your insurance pays your costs.
This is different than at-fault states elsewhere in the country. There, every car accident victim seeks compensation from the negligent driver and their insurance company. In Florida, you must meet certain criteria or exceed your $10,000 minimum coverage amounts before you may pursue a claim against another driver.
Claims Against the At-Fault Driver
You can file a claim against the at-fault driver when:
- You have a “serious injury” as that term is defined under Florida law
- Your damages exceed the $10,000 minimum coverage amounts for your PIP, even if you personally purchased higher coverage amounts
- You suffered property damages from the accident
How you seek compensation is best left to the advice of a competent car accident attorney in Florida. The nuances can be complex and are based on the unique facts of your case.
Compensation in Florida Car Accidents
One of the most important questions car accident victims have is about the compensation to which they are entitled. As a car accident victim, you know first-hand the devastating consequences of a negligent driver. You may be seeing costs pile up faster than you can handle them. Regardless, you should not be on the hook for most of your damages if you were not at fault for the accident.
Compensation can include both economic and non-economic damages:
Economic Damages in Florida Car Accident Lawsuits
Economic damages refer to quantifiable amounts you can prove through specific evidence, and can set a specific dollar amount to. These damages typically include, but are not limited to:
- Past and future medical costs
- Lost earning capacity
- Lost wages while you are off work
- Property damages
- Costs of rehabilitation services
Non-Economic Damages in Florida Car Accident Cases
Non-economic damages are not specifically quantifiable and are more subjective. However, they are no less valuable. In fact, they can represent a significant portion of your overall damages award.
These damages typically include:
- Pain and suffering damages
- Loss of consortium (loss of companionship and support)
- Emotional trauma and distress
- Post-traumatic stress
- Disfigurement or scarring
In especially severe cases, you may also be entitled to punitive damages. Punitive damages punish a driver for willful or wanton conduct that is especially egregious. For example, a drunk driver that causes a serious car accident may entitle the injured person to seek punitive damages.
Learn More About the Compensation You Are Owed from a Florida Car Accident Attorney
Knowing what compensation you are owed can help you move forward after an accident. You deserve to fully understand your rights and pursue them to protect your life moving forward. We help our clients seek the monetary damages they deserve after a Florida car accident.
Let the motor vehicle accident attorneys at High Stack Law assist you. Contact us today for a consultation of your case.