Can I file a claim if the other driver doesn’t have insurance?
Yes, you can file a claim through your own uninsured motorist (UM) coverage if you have it. This type of insurance covers you if you are involved in an accident with a driver who does not have insurance or does not have enough insurance to cover your damages.
What is a Survival Action?
A Survival Action allows the family of the deceased to recover damages for the losses their loved one suffered before death. This includes medical bills and pain and suffering.
What is a Wrongful Death claim?
If a loved one dies in a car accident due to someone else’s negligence, the surviving family members can file a wrongful death lawsuit. Florida allows compensation for loss of companionship, funeral expenses, and more.
What should I do if the other driver is uninsured or underinsured?
If the at-fault driver has no insurance, you can file a claim with your own uninsured motorist (UM) coverage. If the other driver is underinsured, your underinsured motorist coverage can help make up the difference.
Can I still receive compensation if I share some fault for the accident?
Yes, Florida’s comparative negligence system allows you can still receive compensation in this case. However, the court will reduce your amount by your percentage of fault in the accident.
How long does a car accident lawsuit take to settle?
The timeline varies depending on the complexity of the case, the severity of injuries, and whether the case goes to trial. On average, car accident cases in Florida may take anywhere from a few months to a few years to resolve.
Do I need a lawyer for a car accident in Pompano Beach?
While it’s not required, having an experienced lawyer can greatly improve your chances of securing fair compensation. A lawyer will handle negotiations with insurance companies, gather evidence, and represent you in court if necessary.
What if I don’t feel hurt immediately after the accident?
Some injuries, like whiplash or internal injuries, may not show symptoms right away. It’s important to seek medical attention immediately after the accident to avoid complications. Delayed symptoms can affect your health and your ability to file a claim.
What happens if the at-fault driver flees the scene?
If the other driver leaves the accident scene (a hit-and-run), you can still pursue compensation through your uninsured motorist coverage. It is important to report the accident to law enforcement as soon as possible.
What if my insurance company offers a low settlement?
Insurance companies often offer settlements that are much lower than what you deserve. If you believe the offer is unfair, an attorney can help negotiate a higher settlement or take the case to court.
How can I prove my case in a car accident lawsuit?
Evidence is critical in proving liability and damages. Key evidence may include:
- Police reports
- Medical records
- Photos of the accident scene and injuries
- Eyewitness testimony
- Expert witnesses
- Surveillance footage
What is the importance of obtaining an independent medical examination (IME) in my car accident case?
Insurance companies or the defense often require an Independent Medical Examination (IME) in car accident cases. It allows a neutral medical professional to assess how severe your injuries are and validate your claims. An IME can either support your case or challenge the extent of your injuries. That’s why having legal representation during this process is essential.
What are the potential complications if my car accident involved a commercial vehicle or truck?
When a commercial vehicle gets into the picture, there are often further legal complexities. These may include:
- Determining liability not only with the driver but also with the company that employs them.
- Investigating whether the company violated any regulations (e.g., driver hours of service, vehicle maintenance).
- Dealing with multiple layers of insurance coverage.
Trucking companies have increased liabilities and regulations. This is why they require more in-depth investigation and a lawyer with experience handling truck accidents.
How does a car accident lawsuit differ from a car insurance claim?
A car insurance claim typically involves filing with your insurance company for compensation under your own coverage (PIP, collision, uninsured motorist, etc.).
A car accident lawsuit, on the other hand, involves legal action against the at-fault driver or other responsible parties. This lawsuit intends to recover damages for pain and suffering, lost earning potential, and more. Lawsuits often require more time, evidence, and legal strategy. However, insurance claims are usually processed faster but offer limited recovery.
Can I file a car accident claim if I was a passenger in the vehicle?
Yes, as a passenger, you have the right to file an injury claim against the at-fault driver. You can file a claim with either the other driver’s insurance or your own insurance (if the driver of your vehicle was at fault or uninsured).
What should I do if the at-fault driver’s insurance company offers me a settlement right away?
Insurance companies often offer quick settlements to minimize costs, but they are often low-ball offers. We advise you not to accept any settlement until you fully understand the extent of your injuries and damages. Consult with a car accident lawyer before making any decisions.
What happens if I accept a settlement and then discover my injuries were more severe than initially thought?
Once you accept a settlement, you typically cannot reopen the case. This is why it’s critical to wait until you have fully recovered or have a complete medical evaluation before accepting any offers from the insurance company.
What if I was not wearing a seatbelt during the accident? Can I still recover damages?
Florida follows comparative negligence laws, which means if you were not wearing a seatbelt, it could reduce your compensation based on the percentage of your fault. However, not wearing a seatbelt does not automatically bar you from recovering damages.
What is the difference between a settlement and a trial in a car accident case?
A settlement is an agreement between the parties to resolve the case without going to court, usually through negotiation. A trial, on the other hand, involves presenting the case in front of a judge or jury, where a decision is made based on the evidence. Trials can take longer and are more unpredictable, but they may lead to a larger award.
How do I handle medical bills after a car accident if I am not immediately able to pay them?
If you cannot pay medical bills immediately after a car accident, your PIP insurance may be able to help. You can also negotiate payment plans with your healthcare provider. In some cases, medical providers may agree to wait for payment until your settlement or case is resolved.
Can I file a claim if my car accident was caused by a defective vehicle part?
Yes, if a defective part (like faulty brakes or tires) caused the accident, you may have a claim against the manufacturer. This type of claim is a product liability case.
What is a contingency fee agreement?
Most car accident lawyers, including those at Madalon Law, work on a contingency fee basis. This means you don’t pay any upfront fees. Instead, you pay your attorney a percentage of the settlement or judgment if you win your case.
What if the accident occurred at an intersection or involved multiple vehicles?
Accidents at intersections or involving multiple vehicles can be more complicated. A lawyer can help identify who is at fault and hold all responsible parties accountable.
Can I still file a claim if I was injured in a car accident that happened out of state?
Yes, if you were injured in a car accident outside of Florida but are a Florida resident, you may still be able to file a claim in Florida courts, depending on the specifics of your case.
What is the role of an accident reconstruction expert?
An accident reconstruction expert can help determine the cause of the accident. They do this by analyzing physical evidence, vehicle damage, and other factors. This can be vital in proving fault in complex cases.
How does Florida’s No-Fault Insurance system affect the compensation I can claim after a car accident?
Under Florida’s No-Fault system, your Personal Injury Protection (PIP) insurance covers medical expenses and lost wages up to a certain limit, regardless of fault. However, if your injuries are severe (e.g., permanent injury, significant disfigurement, or loss of bodily function), you may be able to step outside of the No-Fault system and pursue a claim against the at-fault driver for additional damages.
Can I sue the at-fault driver for pain and suffering?
Yes, you may be able to sue for pain and suffering if the accident resulted in significant injuries or if the injury meets specific criteria. This is typically the case when the injury is permanent, severe, or disfiguring.
How does a consent form affect my medical treatment after an accident?
A consent form gives medical providers permission to treat you and bill your insurance. In some cases, providers will need your signature to release your medical records to your lawyer. This can be important for building your case.
What happens if I was involved in a car accident while driving a rental car?
The car rental company’s insurance may cover the damages. However, if the other driver is at fault, their insurance may be responsible for the damages. It’s important to check your rental agreement and your personal car insurance policy to understand the available coverage.
What if the car accident involved a pedestrian or cyclist?
If a pedestrian or cyclist was involved in the accident, Florida law treats these incidents with additional care. That’s because pedestrians and cyclists have the right of way in many situations. Liability may be determined by whether the driver failed to yield, ran a red light, or did not follow traffic laws that protect pedestrians and cyclists.
For more detailed information or to discuss your case, don’t hesitate to contact Madalon Law. Our experienced team is ready to provide the guidance you need to handle your car accident claim effectively.