A herniated disc is a spine condition wherein one of the discs that cushion your vertebrae is displaced. It could happen in car accidents, causing severe pain and discomfort. If left untreated, you could develop other problems, such as bladder and walking difficulties. In turn, these side effects can damage your quality of life.
If a car crash in Naples, Florida, caused you to have a herniated disc, the Law Offices of Anidjar & Levine could help you get compensation. Our Naples car accident lawyer can provide legal counseling and representation. Call us today for further details.
Available Options for Compensation
Due to Florida’s no-fault rules for car accidents, your first option for getting your herniated disc expenses covered is with your personal injury protection (PIP), which is one of the state’s auto insurance requirements, according to the Florida Highway Safety and Motor Vehicles (FLHSMV). It will pay for your damages, whether you are at fault or not. If another family member suffered injuries, the PIP could cover them too.
If your herniated disc symptoms are severe enough to significantly limit your movements, you could also qualify for bodily injury liability (BIL) insurance covered by the other driver’s policy. However, this type of coverage is optional for Florida drivers unless their vehicles are used for taxi or ridesharing services. According to Florida Statutes § 324.023, drivers convicted of driving under the influence anywhere in the state must carry BIL for at least three years, as well. You will have to check first if the liable motorist carries this coverage.
Being eligible for BIL coverage also means that the option of filing a lawsuit is now open to you. Instead of bringing a claim to the other driver’s insurance provider, Naples’ civil court will preside over your case. Civil suits are generally more expensive than insurance claims due to the court fees involved. However, it can also lead to a fairer settlement since a jury will likely review the case more objectively. A liable driver’s insurer is not on your side and may try to downplay their client’s fault in the accident to reduce the amount they have to cover for you.
Consider a Car Accident Lawyer’s Help
Filing a herniated disc claim or lawsuit can both be stressful and time-consuming. Working with a Naples personal injury lawyer could make the process easier. For instance, they could help search for evidence that you might not have yet, such as surveillance videos showing other angles of the collision. This can show any possible violations by the other driver. For example, the motorist might have gone above the speed limits when they crashed into your car. You could use their traffic violation as proof of their negligence to help you win compensation.
The car accident lawyer could also act as a representative and guide you through the entire court proceedings to help ensure everything goes smoothly. If the other driver proposes to settle matters privately instead of meeting at a trial, the attorney could also negotiate on your behalf.
Submit Your Case within the Deadline
Your Naples herniated disc lawsuit follows the same filing deadlines as other car accident cases in Florida. Under Florida Statutes § 95.11, you have up to four years from the accident’s date to bring it to court. However, there are some cases wherein tolling exceptions apply. One example is if the liable driver leaves Florida. The statute of limitations would not start running again until they return.
The Naples herniated disc caused by a car accident lawyer can help ensure that you file your case on time. We can find out if it has any tolling exceptions to determine your exact deadline. If you have any concerns regarding your case, call the Law Offices of Anidjar & Levine. Our team may be able to answer your questions and help you get started on your case.
Laws Affecting Your Total Damages
Winning the case means getting compensation to cover your herniated disc injury expenses, such as medical bills, therapy, medications, and lost income. You can also obtain damages for your pain and suffering, such as the disability resulting from the spine injury.
You May Receive Punitive Damages
The court may award punitive damages in your herniated disc case if you can prove that the other driver intentionally behaved dangerously or with extreme negligence. For instance, a DUI can be used as evidence of their disregard for other people’s safety. A driver who acted out of road rage could also make you eligible for this type of damages.
Comparative Fault Could Reduce Receivable Amount
Florida Statutes § 768.81 comes into play in car accident lawsuits. If the jury finds you partially at fault for your herniated disc injury, your recoverable damages will get deducted depending on the percentage of liability you hold. Let us say that you are 20 percent liable. You would only get 80 percent of the total amount. Therefore, if your damages totaled $400,000, only $320,000 would go to you.
We Are Ready to Help You
Herniated disc injuries can cost thousands of dollars and affect your daily life. The Law Offices of Anidjar & Levine understands your situation. As such, our Naples herniated disc caused by a car accident lawyer is ready to support you in your fight for compensation. For more information on our legal services, you can call us today.
We Can Help.
