While your own personal injury protection (PIP) policy will pay for some of the damages you suffer in a failure to yield crash, it is often not enough. Suppose you suffered serious injuries because of the actions of another driver. In that case, a failure to yield accident lawyer in Miami, FL, may be able to help you file an insurance claim based on the at-fault driver’s auto liability policy and recover compensation for your damages.
At the Law Offices of Anidjar & Levine, our knowledgeable team of Miami car accident lawyers is ready to go to work for you. We can review your case and help you understand your legal options for compensation. We will help you hold the careless or reckless driver responsible for your expenses and losses when possible. Call us today at 1-800-747-3733 for your free case evaluation.
Damages Available After a Failure to Yield Accident With Serious Injuries
Because Florida has a no-fault auto insurance system, the first claim you will file will always be with your own insurance company. Your PIP coverage should pay out for:
- Your medical care; and
- A portion of your lost wages.
It is important to note, though, that PIP coverage will only pay for your treatment up to the policy’s limits. If you only suffered minor injuries, this may be enough compensation. However, these small policies often leave accident victims looking for other options when there are more significant injuries.
Florida, like other states with no-fault auto insurance laws, has a serious injury threshold. This means if your car accident injuries are severe enough, you can file a third-party liability insurance claim and hold the at-fault driver responsible for your damages.
Filing a liability claim against the driver who failed to yield and caused your crash allows you to collect money for damages not available through your PIP policy coverage. These damages could include:
- Any remaining treatment costs;
- Ongoing care expenses;
- Home health or in-home nursing care;
- Prescription drug costs;
- Wheelchairs, walkers, adaptive equipment, and mobility aids;
- Lost wages;
- Loss of future income and benefits;
- Vehicle repair or replacement;
- Out-of-pocket expenses; and
- Pain and suffering
When we investigate the circumstances of your accident, we will also collect receipts, bills, estimates, and other documents to prove the value of your losses. This allows us to calculate a fair settlement range for your case and ensure we are getting you the money you need when we negotiate with the insurer.
Proving Negligence and Liability in a Miami Failure to Yield Accident
The first step in holding the at-fault driver liable for your car accident damages is to make sure the law allows you to do so. In order to file a third-party liability claim or Miami personal injury lawsuit, we first need to review your medical records and prognosis to ensure you suffered a serious, life-altering injury. Florida law bars you from holding the at-fault driver financially accountable unless your injuries meet the definition of a “serious injury.” Serious injuries include:
- Death, or a condition that will likely cause your death;
- A significant impairment affecting an important body part;
- Permanent injuries leading to disability; and
- Significant scarring and disfigurement.
If we believe you meet these qualifications, we will investigate your accident. This investigation aims to collect evidence and build a strong case for proving negligence and liability.
To prove negligence, we need to show four essential details were true about your crash:
- The driver had an obligation to yield the right-of-way according to traffic laws;
- The driver failed to yield;
- This failure caused the collision and your injuries; and
- You suffered serious injuries and other damages.
When a driver fails to yield to oncoming traffic and a collision occurs, police often cite them and include this information in the police report. This can help us prove our case against the careless motorist, although we have also successfully argued this type of claim without this evidence.
In addition to the police report, common evidence in a failure to yield case includes:
- Witness statements;
- Video of the crash, if available;
- Analysis of the damage to all vehicles involved;
- Examination of skid marks and other evidence documented at the scene;
- Your medical records and other documentation of the serious nature of your injuries;
- Information gained from accident reconstruction specialists; and
- Proof of the value of your economic damages.
Once we have a strong case showing the at-fault driver failed to yield, we will approach their insurance company and make a car insurance claim. This usually leads to a series of settlement negotiations and a fair settlement based on the value of your damages.
Time Limits on Filing a Florida Failure to Yield Accident Lawsuit
While most personal injury claims settle without ever going to court, it is important to know the statute of limitations imposes a four-year time limit on this type of lawsuit. The clock starts ticking the day your injuries occur.
This only technically applies to taking action in civil court but also plays an important role in settlement negotiations with the insurance company. The insurance company is willing to negotiate with us on a fair settlement because it does not want to go to court. If the insurer knows we cannot take the case to court because the deadline passed, we will lose this important leverage.
Talk to a Failure to Yield Accident Lawyer in Miami Today.
The Law Offices of Anidjar & Levine will fight for the full settlement or award you deserve after a failure to yield car accident. We can aggressively pursue compensation on your behalf, holding the at-fault motorist liable for your injuries and the other damages you suffered. Call us today at 1-800-747-3733 for a free case evaluation and consultation with a member of our Miami legal team.
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