Car Accident Lawyers Serving Loxahatchee
If you've been in a car accident in Loxahatchee, chances are you're in the process of filing (or planning to file) an insurance claim. However, doing so can be a complex and daunting process, so it's important to be familiar with all the steps involved.
Before filing a car accident claim in Florida, several key points must be remembered. First, Liability coverage is required by law in Florida and must be carried at a minimum of $10k per person injured or killed and $20k per incident.
Additionally, Florida's no-fault system dictates that your auto insurance policy will pay for your medical treatment regardless of who caused the accident. Also worth noting is that hit-and-run drivers are required to pay for at least $10k of damages if caught.
Lastly, each auto policy includes Personal Injury Protection (PIP) coverage of up to $10k for medical bills resulting from an automobile-related injury — this is available regardless of fault or negligence.
What Claims Can I File After a Car Accident?When filing a car accident claim in Florida, it's important to understand what types of claims you can make. Typically, you can file claims for medical expenses, repairs and property damage, lost wages, pain and suffering, and funeral costs in case of death.
- Medical Expenses: You may be able to seek compensation for medical bills related to treatment received after the car accident. This includes ambulance services and hospital visits, as well as any ongoing care and medication needed.
- Repairs & Property Damage: If your vehicle has been damaged by the accident, you may be able to seek compensation to cover repairs or replacements. You can also pursue a claim for lost or damaged personal items in the car during the accident.
- Lost Wages: If you had to take unpaid time off work due to your injuries or inability to perform your job duties following an accident, you may be eligible for compensation of lost wages.
- Pain & Suffering: In Florida, pain and suffering claims are possible if an injured person experiences physical discomfort as a result of their injuries from the car accident. This includes mental trauma caused by the accident.
- Funeral Costs: In cases where someone has died in a car accident, family members may be able to file a wrongful death claim for funeral costs associated with burials or cremations.
If you find yourself in a car accident, it's important to know the right steps to take to protect yourself and your claim. It's important that you carefully document what happened during the accident. Here are some tips on how to do this:
- Make sure to get as much information as possible from everyone involved, including drivers' names and license plate numbers, the vehicle makes and models, and insurance information.
- Take photos of the accident scene from multiple angles, including all damaged vehicles, the surrounding area, and any street signs or other landmarks that might be relevant.
- Write down a detailed description of what occurred, including the estimated speed of your vehicle before impact and other details that could be important for an investigation.
- Get contact information from any witnesses who may have seen what happened.
- Notify your insurance company as soon as possible; they will assign an adjuster who can help you with your claim.
- Have your car inspected by a professional mechanic to make sure there are no hidden damages.
- Keep all accident documentation, such as police reports or medical bills. This will be important when filing a claim.
By following these tips immediately after an accident, you'll be helping yourself through the claims process.
What Evidence Should I Gather After My Accident?When filing a car accident claim in Florida, one of the most important things you should do is gather evidence of the accident. This can help your case by proving what happened, leading to a more favorable outcome.
So, what type of evidence should you collect? Here are a few suggestions:
- Pictures of the accident scene and damage to your car.
- Information from any witnesses at the scene.
- Police report or other official records about the accident.
- Medical records or bills related to your injuries.
- Documentation of any time taken off from work or loss of wages due to the accident.
- Any other documents that relate to your car accident claim.
Having all this information on hand can make it easier for your lawyer or insurance company to determine who was at fault for the collision and how much compensation is appropriate. Be sure to see if you can get these documents before submitting your claim!
What is The Statute of Limitations on Filing Car Accident Claims?Before filing a car accident claim in Florida, knowing the statute of limitations on filing this kind of claim in your state is important. The statute of limitations is the legal time limit set by the state on how long you have to file a car accident claim.
In Florida, you typically only have two years from when the accident occurred to file a personal injury claim for compensation for damages. That means that if you wait just one day past the two-year mark, you won't be able to file.
That's why it's important to consider filing a car accident claim shortly after an incident rather than putting it off until later. If you wait too long, your case may be dismissed due to being outside of that two-year window.
If you file late and your case is dismissed, you won't be able to recoup any losses you might have otherwise had if you had filed within that window. So ensure you don't wait too long before filing your car accident claim in Florida—you only have two years!
What is the Role of Insurance Companies in Car Accident ClaimsWhen you file a car accident claim in Florida, it's important to understand the role of insurance companies. They're the ones that will be responsible for paying out any claims if you win your case.
It's essential to remember that insurance companies often have their best interests in mind when assessing a claim, so they may attempt to devalue your claim or deny coverage altogether.
What the Insurance Company Will DoWhen an insurance company is involved, it will typically investigate the crash by interviewing witnesses and examining any available evidence, such as accident reports or vehicle damage photos. It can also bring in an adjuster to inspect the cars and assess all damages.
This investigation may reveal who was at fault for the accident and how much it may cost to repair any damage. The company may then use this information to either approve or deny your claim or even offer a settlement amount — depending on what is found during their investigation.
Remember that insurance companies want to get away with paying as little money as possible–and they're relying on you not knowing all the details of how car accident claims work in Florida. So, ensure you read up on all that stuff before filing your claim!
Should I Get an Estimate of Damages Before Accepting an Offer?Yes, getting an estimate of damage to your vehicle before signing off on any offer from an insurance company is always a good idea. After all, you want to ensure that you are getting a fair and full settlement for your car's repair costs. Plus, if the insurance company's initial offer is too low, you can use the estimate of damages as leverage when negotiating with them.
Also, it's important to note that if you accept an offer from an insurance company without first getting an estimate of damages, they may not cover all your repair costs. So, it's best to get a professional estimation before accepting any offers.
Here are some important tips to remember when getting a damage estimate:
- Make sure you get your estimates from multiple sources so that you can compare them and make sure you're getting the right amount of coverage.
- Get photographs of the damage to include these in the estimate for a more accurate measure.
- Be aware that most estimates will include labor costs for repairs, which vary widely depending on where you take your vehicle for repairs and how much work is needed.
- Expect to pay a fee for the damage estimate - this is typical in most situations and should be considered when filing your claim.
There are a few factors that can affect the success of your car accident claim in Florida. Knowing these factors and preparing for them will help ensure you get the most out of your claim.
Insurance coverage
The first factor to consider is insurance coverage. Your insurance coverage should include liability, uninsured motorist protection, and property damage coverage. Check with your policy to confirm that you have all the necessary coverage.
Statute of limitations
Another important factor to be aware of is the statute of limitations in Florida, which sets a time limit for filing a claim following an accident. Generally speaking, you have two years from the accident date to file a lawsuit for personal injury or property damage in Florida.
Documentation
Finally, you'll need to ensure you have all the necessary documentation before filing a claim. This could include police reports, witness statements, medical bills and evaluations, repair estimates, and receipts, photographs of the scene and damage incurred, and other relevant documentation.
Having all this handy before you file your claim will help expedite the process and increase your chances of getting the most out of your settlement or award.
How To Gather Evidence and InformationIf you've been in an accident in Florida, one of the first steps to filing a successful claim is ensuring you have all the necessary information and evidence. You'll need to gather information from all parties involved – including yourself – and ensure its comprehensive and accurate.
To prepare the best case possible, here are five important steps you should take before filing a car accident claim:
- Make notes right away. As soon as the incident occurs, write down details of the accident, like time of day, weather conditions, road conditions, witness statements, and any other evidence regarding the cause of the accident.
- Take pictures of the scene and damage to your car. Documenting everything with photos will help strengthen your case if it goes to trial.
- Collect contact information from all involved parties, such as name, address, and phone number. If anyone witnessed the crash, get their contact info in case you need them later on for testimony purposes.
- File an accident report with your insurance company or local law enforcement agency within ten days of the incident so that all details are fresh in everyone's mind.
- Keep copies of medical records relating to injuries or damages due to the incident for review by your insurance provider or attorney if needed.
- What Damages Can I Recover in a Car Accident Claim?
- When filing a car accident claim in Florida, you may be entitled to recover a variety of damages, including:
- Medical Costs include hospital bills, doctor's visits, and medical tests related to the injuries sustained in the accident.
- Lost Wages—If you had to miss work due to your injuries, you may be able to recoup any lost wages or income you sustained because of the accident.
- Property Damage—If your car, truck, or SUV was damaged as a result of the accident, you may be eligible for compensation for fixing or replacing any damaged property.
- Pain and Suffering—You may also be able to seek compensation for any physical or emotional pain and suffering caused by the accident.
- Funeral Costs—Should a loved one have been killed in an auto crash; you may be entitled to seek payment for funeral expenses related to the death of your loved one.
If you are at fault in an auto crash in Florida, it is important to remember that there are limits on how much money you can collect from a bodily injury claim or lawsuit against another party for personal injury or wrongful death damages under Florida's no-fault law.
How Long Does the Car Accident Claim Process Take?It's understandable to be eager to know the timeline for a car accident claim, and there's no easy answer since all claims are different. But generally speaking, you can typically expect the entire process to take three to six months to resolve.
The time it takes can be divided into two distinct stages:
- Pre-litigation: This is when you file your claim, visit a doctor for treatment and/or consultations, submit medical bills, and file paperwork with your insurance company. This stage will typically take 2-3 months, depending on the complexity of your case.
- Litigation: If the two parties don't agree on the pre-litigation stage, your lawyer might recommend taking the case to court. Litigation can take significantly longer than pre-litigation due to scheduling hearings, gathering evidence, and collecting witnesses' testimonies. The total timeline of your lawsuit may vary depending on how fast each step is completed.
It's important to remain patient during this process, as rushing can potentially leave out important details or even reduce your payout amount. Your lawyer will be able to provide more insight into how long the process of resolving your case may take—ensure you stay in contact with them throughout.
How to Calculate the Settlement Amount?So, you know that filing a car accident claim in Florida is complicated, but how do you calculate the settlement amount? The answer depends on a few factors:
Liability
Did the other party involved in the accident cause it? If so, then they may be liable for damages. The more clear-cut the liability is, the easier it will be to settle.
Expenses
The amount of expenses incurred as a result of the accident needs to be considered. This includes medical bills, lost wages, and other costs associated with repairs or replacements.
Insurance Coverage
Your personal insurance coverage also impacts your car accident claim settlement amount. Higher limits can lead to higher settlements because they offer more protection in case of an accident.
Negotiation
The negotiation process is important when it comes to determining your settlement amount. It's best to work with an experienced lawyer or claims adjuster who can help you reach a fair and equitable agreement for all parties involved.
Knowing and understanding these factors can help you prepare for filing a car accident claim in Florida.
Hire Frankl Kominsky Car Accident Lawyers Serving LoxahatcheeYou've been through enough to worry about, so why not take the worry out of filing a car accident claim in Florida? When you hire Frankl Kominsky car accident lawyers serving Loxahatchee, you know that you are working with lawyers with many years of experience representing the rights of those injured in car accidents. And once hired, we work hard to help you access all the benefits of a successful legal action.
Our goal is always to protect your rights and ensure you receive full compensation for the harm and losses from your accident. We are here for you every step of the way—from preparing your case, negotiating settlements, attending hearings, and providing representation at trial if necessary. So don't wait—call us today at (561) 800-8000.