Boca Raton Car Accident Lawyer

Getting Full Compensation for a Boca Raton Car Accident Case

Florida is a no-fault insurance state regarding car accidents. That means, if you suffer injuries in a car accident, you turn to your own car insurance company for compensation to cover your medical bills and lost earnings regardless of who caused the accident.

Because it is a no-fault state, Florida law requires all drivers to carry a minimum of $10,000 in personal injury protection insurance. PIP (sometimes called no-fault insurance) pays up to 80% of your medical expenses and 60% of your lost income up to your PIP limit. To qualify for this coverage, you must seek medical treatment for your injuries within 14 days of the accident.

If your loved one died in a fatal car accident, your personal injury protection insurance pays up to $5,000 in funeral and burial expenses.

Filing your case through your own no-fault insurance in Florida poses challenges.  First, this compensation is usually capped at $10,000 unless you pay for a higher insurance policy.  Second, these benefits require you to pay a deductible — which means paying out of pocket for insurance coverage that you already pay a premium for to cover injuries that someone else caused you.  Additionally, these damages are capped at a percentage of your full medical expenses and lost wages, and they include no coverage for pain and suffering damages.

In other words, when you file solely through your insurance, this means that you cannot get your damages compensated in full.

Filing a Boca Raton Car Accident Lawsuit

If you or your loved one’s medical bills and lost income exceed your PIP threshold, or if you suffered “serious injuries” under Florida’s no-fault rules, you could be entitled to additional compensation for pain and suffering, which you can claim through a personal injury lawsuit.

Florida statute defines serious injury as follows:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement

Working with our car accident attorneys to file a lawsuit is often the best way to get your damages paid in full.  Without a lawsuit, you could be left with only a portion of your damages covered and out-of-pocket expenses that you should not have to pay if someone else caused the crash.

Statute of Limitations for Car Accident Cases in Boca Raton, Florida

Florida has a two-year statute of limitations for filing a car accident claim in civil court. The clock begins ticking on the of the accident. Missing this deadline means you will be unable to pursue compensation through the Florida court system.

There are some rare exceptions to this rule, so it’s important to consult with an experienced car accident lawyer as soon as possible to ensure you don’t miss any important filing deadlines. Otherwise, you may miss out on the compensation you deserve.

Do I Have Grounds to File a Car Accident Lawsuit?

To have a successful car accident case based on negligence, typically, the following four elements must be established:

1. Duty of Care: The first element is showing that the defendant (the at-fault party) owed a duty of care to the plaintiff (the injured party). In car accident cases, all drivers have a duty to operate their vehicles safely and obey traffic laws. This duty includes being cautious, following speed limits, and not engaging in reckless behavior.
2. Breach of Duty: It must be proven that the defendant breached their duty of care by acting negligently or recklessly. This could include behaviors such as speeding, running red lights, driving under the influence of alcohol or drugs, texting while driving, or other actions that demonstrate a failure to exercise reasonable care.
3. Causation: Causation requires demonstrating that the defendant’s breach of duty directly caused the plaintiff’s injuries. In other words, the accident and resulting harm must be a direct result of the defendant’s negligent actions. It must be established that “but for” the defendant’s negligence, the accident and injuries would not have occurred.
4. Damages: Finally, to have a successful car accident case, the plaintiff must have suffered actual damages as a result of the accident. These damages can include physical injuries, medical expenses, property damage, lost wages, pain and suffering, and more. It is essential to provide evidence of these losses to seek compensation.

To prevail in a car accident case, all four elements of negligence must be proven by a preponderance of the evidence, meaning it is more likely than not that the defendant was negligent and that their negligence caused the plaintiff’s injuries.

What if I’m Partly to Blame for My Auto Accident?

Comparative negligence is a legal doctrine used in personal injury cases, including car accident claims, to determine the degree of fault and allocate responsibility between the parties involved. It recognizes that accidents can be caused by the negligence of more than one party, and it seeks to apportion liability accordingly. Under comparative negligence, each party’s degree of fault is assessed, and their compensation is adjusted accordingly.

For example, if the court finds that you are 40% at fault for a car accident, and the other driver is found 60% at fault, you can still seek compensation, but your award will be reduced by your 40% share of the fault.

Florida has a 50% bar rule, which is also known as the “51% rule.” Under this rule, an injured party can only recover damages if their percentage of fault is less than 50%. If the injured party is found to be 50% or more at fault for the accident, they are barred from seeking compensation from other at-fault parties.

It’s important to note that Florida’s modified comparative negligence rule can significantly impact the outcome of a car accident case. Insurance companies often use this rule to minimize their liability by trying to assign a greater percentage of fault to the injured party. To navigate these complexities, it’s crucial to have a qualified car accident attorney who can build a strong case and protect your rights in a car accident claim

When to Call a Car Accident Lawyer After a Crash in Boca Raton, FL

You should contact a lawyer as soon as you can after your accident.  In any case, if you or a loved one suffered injuries, it is often worth it to have an auto accident lawyer on your side who can help calculate damages, determine what your case should be worth, and pursue damages from the at-fault driver to cover your costs in full.

Waiting too long to call a lawyer can cause problems for your case in a few ways.

Collecting Fresh Evidence

First, some evidence can be lost or deleted if you delay taking your case to a lawyer.  Our attorneys often look for evidence in surprising places, such as security footage from nearby stores that might have caught the crash on film.  Security footage is often overwritten within a few days, and if we do not act quickly, we might not be able to secure the evidence.  Additionally, witnesses forget what happened over time, especially if they were merely witnesses and not involved in the accident.  The sooner we can interview them and take statements, the stronger the evidence will be in your case.

Meeting Filing Deadlines

Second, there are filing deadlines you need to be aware of for your case.  All injury cases in Florida are required to be filed within 4 years of the date of the accident.  While this seems like a long time, it can take quite some time to compile evidence, meet about your case, and draft the paperwork to file a strong, secure injury claim.  It is best to call a lawyer well in advance of that 4-year filing deadline.

Avoiding Delays

Third, any delays in calling a lawyer will also delay how long it takes to get you the damages you need.  Calling our car accident attorneys as soon as you can after the crash allows us to start building your case and get the claim filed sooner, resulting in it potentially getting paid sooner as well.  Especially if you are left out of work and without the resources to cover your medical expenses and other day-to-day expenses, getting the damages you need as soon as you can will be vital.  While insurance can often pay some of your damages quickly as part of your no-fault coverage, it will not pay for everything, and you will need the rest of the damages you are owed before long.

Damages Available in a Boca Raton Car Accident Case

If you were injured in a car accident, you could be entitled to three main areas of damages: lost wages, medical expenses, and pain and suffering.  However, some of these damages – such as pain and suffering – may be limited or blocked entirely unless you have “serious injuries.”  Talk to our car accident lawyers about what it means to meet that serious injury threshold and to determine what damages might be available in your specific case.

Lost Earnings

Car accident victims who are left with injuries that prevent them from returning to work can face substantial financial harm from lost wages.  Whether you were out of work during a short recovery period or you are left with disabilities that prevent you from earning wages, our car accident lawyers can fight for lost wages in your case.

Medical Bills

The expenses from common car accident injuries can be incredibly expensive, and they will likely burst past the $10,000 no-fault limit in many injury cases.  For help getting these damages compensated, speak with our car accident attorneys.

Pain and Suffering

Proving pain and suffering damages is often complex, as these damages cannot be shown with bills or financial statements.  Instead, your testimony about the accident and its effects on your life will be vital to proving how much your damages are worth for pain and suffering, emotional distress, and other “non-economic” damages in this category.

Call Our Boca Raton Car Car Accident Lawyers Today

If you or a loved one suffered injuries in a car crash in Boca Raton, you need an experienced Boca Raton car accident lawyer on your side to ensure you get the compensation you need and deserve. Auto accident cases can be complex, and having the right car accident lawyer can significantly improve your chances of recovering the compensation you deserve.

Contact the personal injury attorneys at The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. today at noswap568-3636″>(954) 568-3636 or (954) 334-2113 for your free consultation.