If you suffered from broken bones in a car accident that someone else caused, you might have medical bills and other expenses that you are struggling to pay off. You should not have to deal with the consequences of an accident you didn’t cause.
A Tallahassee broken bones lawyer might be able to help you get the compensation you need to take care of those costs. The Law Offices of Anidjar & Levine offers responsive legal care to accident victims. Call a member of our team today for more information on your potential legal claim at 1-800-747-3733.
Florida Statute of Limitations for Car Accident Lawsuits
You have a limited time to take legal action against a negligent driver. In Florida, the statute of limitations, or the time in which you have to file a lawsuit, is four years from the date of the accident, according to Florida Statutes §95.11(a).
The statute of limitations is in place to ensure you file within a reasonable amount of time. If not, evidence might fade away, witness memories might become less clear, and you might have a weaker claim. If you fail to file within four years of the accident, you are generally barred from pursuing financial compensation.
There might be exceptions to the statute of limitations that an attorney from the Law Offices of Anidjar & Levine can inform you of.
How to File a Car Accident Claim
Florida is a no-fault state, according to Florida Statutes §627.7407. This means Florida drivers must carry Personal Injury Protection (PIP) coverage to compensate for their injuries and losses in the case of a car accident, no matter whose fault it was.
Here’s how the claims process works for car accidents in Florida:
Gathering Evidence
First, before filing a claim with your or someone else’s insurance company, you and your car accident lawyer will need to compile evidence of your losses. This can include medical records and bills, car repair or replacement bills, any other item replacement bills, lost wages, loss of future wages, future ongoing care costs, and more.
Once you gather all of the necessary information, you can compile it to present to your insurance company.
Filing a Claim with Your Insurance Company
When you file a claim with your insurance company, you will need to negotiate for a fair settlement. Even if it’s your own insurance company, adjusters want to protect their bottom line and might offer you a settlement that is too low to cover your costs.
A lawyer can be helpful in negotiating because they know how to present your claim in a way that illustrates your needs. They also know what to say to insurance adjusters. One wrong word or admission of guilt on your part could lower your settlement amount.
Filing a Claim with the Negligent Driver’s Insurance Company
If your settlement with your insurance company does not cover all of your costs, you can seek compensation from the negligent driver themself or from their car insurance policy.
In these cases, you and your lawyer will need to prove that the other driver was negligent by showing the following four circumstances:
- Duty of care: You have to show that the other driver owed you a duty of care to act in a way that prevents accidents and injuries. All drivers have this responsibility.
- Breach of duty: You have to show that the other driver did something to breach their duty of care to you. For example, they were speeding, drunk driving, running red lights, or driving aggressively.
- Causation: You have to prove that their breach of duty directly caused your accident.
- Damages: You have to show that the driver’s negligence led to your broken bones, material financial losses, and pain and suffering. You can prove this with your medical records and bills, among other evidence previously mentioned.
Once you have proved the other driver’s negligence, your car accident lawyer can negotiate a settlement for you that adequately covers your losses.
Filing a Lawsuit in Civil Court
Most civil cases settle outside of court. However, if for some reason, the other party or their insurance company will not compensate you fairly, your lawyer can prepare your case for trial.
You will need to file your lawsuit within the four-year time limit in order for the court to accept your case. Lawsuits can take significantly longer than settlement agreements, and they might be more costly, but a Tallahassee broken bones lawyer from the Law Offices of Anidjar & Levine will do what it takes to get you the compensation you are entitled to.
Call a member of our team today for your free, no-obligation consultation.
Contingency Fee Arrangements
Many car accident victims believe they can’t afford an attorney to help them recover compensation when, really, this is far from the case.
Personal injury attorneys—including those at the Law Offices of Anidjar & Levine—work on a contingency fee basis. This means that personal injury victims do not pay anything to hire a lawyer out of pocket. A lawyer takes your case for free and only collects their payment when they win a settlement or judgment for you.
This not only helps victims get the legal help they deserve, but it also ensures that their attorneys work hard to get them a fair settlement. If not, the attorney doesn’t get paid either.
Personal injury lawyers want to help you get the compensation you are entitled to, and we know how hard it can be to do so alone. That’s why we work on contingency—so you can focus on getting better while we take care of everything else.
Hire a Tallahassee Broken Bones Lawyer
The Law Offices of Anidjar & Levine goes the extra mile for our clients. We bring our years of experience to the table to fight for your rights.
When you are ready to get compensation for your losses and hold the negligent driver accountable for their actions, you can count on us to be by your side. Call a member of our team today at 1-800-747-3733 for a free, no-obligation case evaluation. We can tell you whether a car accident lawyer from our firm can help you recover an award for your broken bones.
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