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    Car accidents can cause victims extreme physical pain and emotional anguish that lasts long after their initial injuries. Thankfully, car accident victims can recover compensation from the driver that injured them.

    There are usually several paths to compensation following a West Palm Beach car accident, the first being your no-fault insurance. However, no-fault insurance in Florida is limited. Thus, filing a lawsuit will usually be the best option to recover damages to cover the full extent of your injuries.

    If you have been injured in a car accident, the West Palm Beach car accident lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer can help you recover the compensation you deserve. Call us today at (954) 751-4258 for a free case evaluation.

    Recovering Compensation After a Car Accident in West Palm Beach

    There are often several steps to recovering compensation after a car accident in Florida. After an accident, you will first file a claim with your own no-fault insurance. If your insurance does not completely cover your injuries, you can then file a claim with the other driver’s insurance to recover the rest of your damages. In some cases, you can also file a lawsuit along with your insurance claims against the at-fault party to recover damages that insurance will not provide.

    Filing No-Fault Insurance Claims

    Florida law requires every driver to carry insurance to cover their own injuries and the injuries of passengers in their car at the time of an accident. This type of insurance is known as personal injury protection (PIP) coverage and is intended to cover your medical bills and lost wages caused by your injuries.

    PIP insurance is also known as “no-fault” insurance, which gets its name from the fact that your insurance company is required to pay your damages, regardless of which driver is at fault for causing the accident you were injured in. This means you will still recover your full PIP benefits for your medical expenses and lost wages even if you caused the accident.

    While this process is convenient for car accident victims, no-fault insurance is not without its drawbacks. Unfortunately, PIP will only cover up to 80% of your medical expenses and 60% of your lost earnings from time missed at work. PIP insurance policies are also typically limited to $10,000 and do not provide compensation for the pain and suffering damages your injuries have caused. Obviously, $10,000 is a paltry amount compared to the hundreds of thousands of dollars you could be billed for medical treatments and physical therapy. Thus, you might need more than your no-fault insurance to cover the full extent of your damages.

    If you need help recovering compensation for your injuries, our West Palm Beach car accident lawyers can help you file your no-fault claim and ensure you are treated fairly in the claims process.

    Filing an Insurance Claim Against an At-fault Driver

    As mentioned, your PIP insurance caps compensation for medical expenses at 80% and lost wages at 60%. This means that expenses over the cap and the $10,000 from your PIP coverage will need to be compensated from another source. Fortunately, you can file a third-party insurance claim against the driver that caused your injuries for the remainder of your damages.

    Filing a Car Accident Lawsuit

    Many victims of a car accident experience pain and emotional suffering in addition to their physical injuries. However, pain and suffering damages are not covered by PIP insurance. Further, Florida’s no-fault rules prevent injured victims from filing a lawsuit to recover pain and suffering damages unless they suffered serious injuries in their accident.

    To file a lawsuit under Florida’s no-fault system, you must meet the “serious injury” threshold. Injuries are considered “serious” if it falls under one of several categories of injuries recognized by Florida as serious. For instance, the loss of a body part or function in a body part would be regarded as serious. Scarring and disfigurement can be considered serious injuries, but the scars and disfigurement must usually be substantial to file a lawsuit.

    In addition, losing a pregnancy and the wrongful death of a loved one are also considered serious injuries for which a lawsuit can be filed. Our West Palm Beach car accident lawyers can help you recover compensation for your losses, whether through a lawsuit or the claims process.

    Who Can Be Held Liable for a West Palm Beach Car Accident

    In most cases, the driver that injured you will be responsible for the accident you were injured in, and the recovery process is relatively straightforward. However, another party could be liable besides the driver depending on the circumstances of your case.

    Car Owners

    Sometimes, a car owner can be held liable for negligently entrusting their vehicle to someone they should have known was dangerous behind the wheel. For instance, an owner could be held responsible if they loaned their car to a friend they knew to be unlicensed and subsequently caused an accident. In these situations, you can sue both the negligent driver and the owner who loaned them their car. This could also apply in cases where a rental car company rents a vehicle to someone they should have known was dangerous.

    Dram Shop Liability

    Suppose a bar or restaurant overserves a customer alcohol, and they end up injuring someone in a drunk driving accident. In that case, the bar or restaurant could be held liable under Florida’s dram shop law. However, victims can only recover compensation from a bar or restaurant if they serve a minor or someone who is “habitually addicted” to drinking.

    Commercial Drivers and Employers

    If you were injured by a commercial driver, like a delivery or bus driver, their employer can often be held liable for the driver’s negligence. However, the driver must have caused the accident while performing their normal job duties. Our West Palm Beach car accident lawyers can help you determine the parties responsible for your damages and ensure they are named in your lawsuit.

    Our West Palm Beach Car Accident Lawyers Can Help

    If you were injured in a car accident because of a negligent driver, seek support from our experienced West Palm Beach car accident lawyers by calling the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 for a free review of your case.

    Every day that goes by costs you more.
    Let us help put a stop to that. Contact us today for a free consultation.

    In addition to a free consultation, we’ll help cover the cost of your car repairs and provide you with a rental at no cost to you. We’ll put a hold on your medical bills to stop them from piling up on the kitchen table. And most importantly, we’ll find those at fault for your car accident injury and make them pay for the damages lost. Call a Fort Lauderdale car accident lawyer today to maximize the potential of your case.