Florida Car Accident Attorneys

Hurt in a Florida Car Accident?

When you are injured in a Florida car accident, at Kaiser Romanello Accident & Injury Attorneys, “We Don’t Take ‘Low” for an Answer.”™ We understand Florida auto accident victims’ struggles. Our law firm investigates each case and negotiates with insurers. Our knowledge of Florida traffic laws and personal injury laws ensures that your rights are protected.

We will seek maximum compensation for your medical bills, missed wages, earning capacity, non-economic damages and pain and suffering. We’ll fight your case in court. We help and advise you throughout your case.

If you were injured in a Florida auto accident, call Kaiser Romanello Accident & Injury Attorneys at 844-877-8679 or fill out our simple form now for a free consultation.

 In Florida, victims of motor vehicle accidents must follow the requirements under the tort threshold. This means that you will only be able to recover compensation for pain and suffering from another driver if you are experiencing one of the following:

• Significant or permanent loss of a body part or a bodily function

• Permanent injury

• Significant or permanent scarring

• The victim dies

Motor vehicle accidents can be severe. Even minor accidents can result in costly repairs, medical treatment, and lingering injuries. Stress and financial costs can spiral out of control. You may be left holding the bag without anyone to help you if you do not have a car accident attorney.

You don’t have to go through this alone. Kaiser Romanello Accident & Injury Attorneys will provide you with the support you need after you are in a car accident.

You may need help knowing what to do after an accident. Contact us immediately if you or a loved one were in a severe car accident.

Get the help you need from Kaiser Romanello Accident & Injury Attorneys’ dedicated legal team by calling (844)-877-8679 today.

Florida Has Thousands of Car Accidents Per Year

In Florida, most car accidents occur in urban areas, particularly in and around major cities like Miami, Fort Lauderdale, Jacksonville, Orlando, and Tampa. This is due to higher traffic volumes, increased numbers of intersections and roadways, and a higher density of drivers on the road at any given time. However, car accidents can occur anywhere in the state, including on rural roads and highways. All drivers must practice safe driving habits and be aware of their surroundings, regardless of where they drive.

According to the Department of Florida Highway and Motor Vehicles Crash Dashboard, in 2022, there were 397,514 crashes in Florida; from those, there were 3,565 fatalities and 252,133 injuries.

According to Florida Highway Safety and Motor Vehicles, the number of crashes in major Florida counties in 2022 was as follows:

• Miami-Dade: 51,936 crashes
• Broward County: 32,998 crashes
• Palm Beach County: 21,707 crashes
• Orange County: 21,420 crashes
• Hillsborough County: 22,967 crashes

Contact Kaiser Romanello Accident & Injury Attorneys for assistance if you have suffered injuries in a car accident that was the result of someone else’s carelessness, reckless driving or negligence. Our experienced Florida car accident attorneys will help protect your rights throughout this process while fighting hard to get you maximum compensation for your injuries.

Know What to Do After a Florida Car Accident

If you have been in a car accident, there are some factors to consider that can help strengthen your claim.

Immediately Following a Car Accident

• Call 911 to report the incident if any severe injuries or damages need to be addressed immediately.
• Check the safety of all parties involved in the accident, including yourself, and seek medical attention if necessary.
• Obtain eyewitness statements from anyone who witnessed or was involved in a crash as soon as possible after it occurs while they still remember details clearly.
• Take photos of both vehicles and the scene of the accident from various angles with your smartphone, so you have evidence for legal proceedings later if needed.
• Exchange contact information with all relevant parties involved in the car accident (driver’s license numbers, insurance card details, etc.).
• Stay calm and assess the situation for any potential danger
• Only accept money or sign documentation after consulting an attorney.
• Only give a statement to an insurance company after consulting with a lawyer.
• Contact Kaiser Romanello Accident & Injury Attorneys for a free consultation to discuss your legal rights and options.

Common Causes of Car Accidents in Florida

Car accidents can have a variety of causes, but some are more common than others in Florida. Distracted driving, drunk or impaired driving, speeding, and aggressive driving are all significant contributors to car accidents in the state. In addition, poor road conditions and vehicle defects can also play a role in causing crashes.

The Department of Florida Highway and Motor Vehicles reports that the 323,440 crashes in Florida in 2022 were of the following types:

• Fatal Crashes: 3,321
• Motorcycle Crashes: 9,262
• Bicycle Crashes: 7,253
• Pedestrian Crashes: 10,201
• Hit and Run Crashes: 107,833
• DUI Alcohol Crashes: 5,255
• DUI Drugs and Alcohol Crashes: 359
• DUI Drug Crashes (No Alcohol): 606

DUI Floria Car Accidents

Drunk driving is one of the leading causes of car accidents in Florida, and it can have devastating consequences. In 2022 alone, 15,274 car accidents were reported due to drunk or impaired driving, resulting in 1,179 serious injuries and 819 fatalities. It is important to note that these numbers are only from reported incidents, and the actual statistics are likely much higher due to drivers who have avoided being caught or reported for their actions.

In addition to the sheer human cost of drunk driving, there is also an economical price tag associated with this behavior. According to a recent report by AAA, intoxicated drivers cause more than $1 billion in economic losses every year. These costs stem from property damage repair bills and medical expenses resulting from these crashes.

At Kaiser Romanello Accident & Injury Attorneys, we are aware of the profound effects that an alcohol-related automobile crash has on your life and your family. It affects more than just physical harm; it also has an impact on the psychological suffering a person experiences as a result of another’s choice to drive while intoxicated. This choice can destroy your world; it is not merely an error.

Taking this into consideration, you and your family might be eligible for punitive damages. Punitive damages are a legal remedy that is intended to penalize drunk drivers and offer some comfort for the unnecessary suffering that the intoxicated driver’s choices cause.

To discuss your Florida personal injury DUI auto accident case, contact Kaiser Romanello Accident and Injury Attorneys at their phone number, (844) 877-8679, or through their online contact form.

Florida Auto Accidents Caused By Distracted Driving

In 2022, Florida experienced 53,596 distracted driving crashes leading to 268 fatalities​​. Distracted driving involves any activity that takes your attention away from driving. This includes texting, using your phone for any reason, eating, or talking to passengers. Remember, driving requires your full manual, visual, and cognitive focus.

Most distracted drivers that cause car accidents are young and are in the following age groups according to the FLHSMV Distracted Driver Dashboard as the top five groups of distracted Florida drivers are as follows:

• Ages 15-19: 14,269 Distracted Drivers in Florida in 2022
• Ages 20-24: 17,257 Distracted Drivers in Florida in 2022
• Ages 25-29:  14,884 Distracted Drivers in Florida in 2022
• Ages 30-34: 14,174 Distracted Drivers in Florida in 2022
• Ages 35-39: 12,598 Distracted Drivers in Florida in 2022

Proving that a driver caused an accident due to cell phone use or distraction involves several strategies and types of evidence:

• Police Reports: Information about the accident, including observations about cell phone use or distraction.
• Witness Testimony: Eyewitness accounts of the driver’s behavior, such as using a phone or appearing distracted.
• Cell Phone Records: Evidence of calls, texts, or data during the crash.
• Video Footage: Traffic cameras, dashcams, or surveillance cameras showing the driver’s actions.
• Admissions from the Driver: Any confessions by the driver regarding phone use or distraction.
• Accident Reconstruction Experts: Analysis to determine if distraction contributed to the accident.
• Social Media Activity: Posts or activity indicating phone use near the time of the accident.
• In-Car Technology: Data from the vehicle’s recorders or technology indicating driver behavior.

Each method contributes to building a comprehensive case to demonstrate that cell phone use or distraction was a key factor in causing the accident

Contact Kaiser Romanello Accident and Injury Attorneys for a free consultation to discuss your case if a distracted driver injured you in a Florida car accident. Contact us at (844) 877-8679 or use the easy-to-use contact form.

Florida Car Accidents Caused By Speeding and Aggressive Driving

According to the National Highway and Traffic Safety Administration (FLHSMV), in 2021, speeding was a contributing factor in 29% of all traffic fatalities and resulted in 12,330 deaths in auto crashes.

According to the FLHSMV, aggressive driving, which includes behaviors like improper lane changing and tailgating, contributed to numerous injuries and fatalities across the state.

Specifically, in Florida, speeding and aggressive driving are two of Florida’s leading causes of car accidents. In 2022, there were a reported 21,558 car crashes that resulted from these behaviors, resulting in 1,235 serious injuries and 475 deaths. These types of incidents can have devastating outcomes for those involved and costly economic losses to society. Drivers who engage in reckless behaviors such as speeding or aggressive driving put themselves and everyone else on the road at risk for severe injury or wrongful death.

Call Kaiser Romanello Accident and Injury Attorneys for a free consultation to discuss your case if an aggressive or speeding driver injured you in a Florida car accident. Contact us at (844) 877-8679 or use the easy-to-use contact form.

Florida Car Accidents Caused By Automobile Defects and Faulty Maintenance

In Florida, auto repair shops and manufacturers may share responsibility for collisions caused by defective automobiles. It is the duty of manufacturers to provide dependable, safe cars that adhere to safety regulations. The manufacturer may be responsible for damages if an accident occurs as a result of a design flaw or manufacturing error. Service stations are also expected to carry out expert maintenance and repairs. They may also be held liable if their poor work causes a car to malfunction and cause an accident. In addition to financial and material losses, victims may also be entitled to punitive damages in situations involving willful misconduct.

Florida Car Accidents Caused By Road Hazards

Auto accidents due to road hazards are typically the result of poor construction or maintenance practices on behalf of state and local governments, private businesses, or individual property owners. Such negligence may include failing to fix potholes promptly, improperly maintaining highway guardrails and barriers, or allowing hazardous debris, such as broken glass, to accumulate on roadsides.

It is crucial to get in touch with our Florida car accident attorneys right away if you have suffered injuries in a vehicle accident as a result of someone else’s negligence in maintaining proper safety. Our team can help protect your rights and hold those negligent parties responsible.

Common Florida Car Accident Injuries

At Kaiser Romanello Accident & Injury Attorneys, we have successfully helped injured Florida car accident victims like you and many others in similar situations throughout Florida. Our team of professionals has represented auto accident survivors who have suffered from injuries such as:

• Broken Bones: Any bone fracture brought on by an accident’s strong impact forces. The severity might vary from little fractures to total breaks.
• Soft Tissue Injuries: ruptured discs, tears, sprains, and strains to tendons, muscles, and ligaments brought on by abrupt impacts or stretching.
• Whiplash, also known as hyperextension or flexion injury, is damage to the structures of the neck and spine from sudden, violent, back-and-forth neck motion resembling a whip. It frequently occurs in rear-end collisions and can result in stiffness and pain in the neck.
• Burns: Skin and tissue damage from friction, heat, chemicals, or electricity during an accident. Burns can range in severity from small, superficial ones to deep, potentially fatal ones.
• Traumatic brain injury (TBI) and other head injuries: These can range from minor concussions to severe brain damage. TBI injuries may result from a blow to the skull or, as sudden changes in the direction of the head may cause the brain to shear or to move inside the skull, TBI may come even if there is no blow to the skull at all.
• Spinal Cord Injuries: Damage to the spinal cord may cause a loss of function or feeling, as well as partial or total paralysis.
• Internal Organ Damage from Seat Belt Use or Blunt Force: The force and pressure that seat belts provide during a high-impact collision can cause internal organ damage as well as the body striking the interior of the vehicle.
• Dental Trauma and Disfigurement: include injuries to the jaw and teeth, such as broken, chipped, or missing teeth, as well as other types of damage to the face.
• Emotional trauma: mental and emotional distress brought on by the traumatic event, such as anxiety, despair, or post-traumatic stress disorder (PTSD).
• Nervous System Injuries: Following an injury, persistent pain usually affects one arm or leg. Prolonged or severe pain and changes in the affected area’s temperature and color are marks of Complex Regional Pain Syndrome (CRPS.)

Kaiser Romanello Accident & Injury Attorneys specialize in various personal injury cases, understanding the diverse nature of injuries Florida automobile accident victims endure. For expert guidance on how your injuries could affect your claim and to learn about appropriate medical care options, call us at 844-877-8670 or fill out our simple consultation form. Our car accident lawyers are here to assist you every step of the way.

Florida Car Accident Overview

To ensure that the person who injured you pays for your medical treatment, pain, and suffering, you must first establish negligence. Every Florida driver has the legal duty to drive their vehicle with reasonable care. If a motorist fails to do this and injures you, the motorist will be held liable for the accident and your injuries. By law, this negligent driver can be ordered to pay you compensation commensurate with the driver’s responsibility for the crash.

When you decide to hire an attorney, they will investigate your accident to demonstrate that the other driver caused the crash that resulted in your injuries. This will require that the lawyer study the medical reports, police reports, photographs, and witness statements.

Types of Insurance in Florida Auto Accident Insurance Claims

Auto accident personal injury claims in Florida require knowledge of many kinds of insurance. A comprehensive list of main insurance types and their minimum coverage requirements:

• Personal Injury Protection (PIP) Insurance: Florida requires $10,000 in personal injury protection (PIP) insurance. It covers accident-related medical bills, lost wages, and death compensation, regardless of fault. Florida’s “No-Fault” insurance system, where each party pays for personal losses, makes this coverage essential. PIP covers the policyholder, their family, the designated passengers, and anyone else who has permission to drive the insured car. Claims against the at-fault motorist may increase in severe injury instances, emphasizing the need for PIP coverage.
• Body Injury Liability Insurance: This optional insurance covers policyholder-caused injuries to others in an at-fault accident. It’s advised to handle other parties’ medical bills from accidents you cause.
• Property Damage Liability Insurance: Policyholders must carry $10,000 in Property Damage Liability Insurance to cover damage caused by the policyholder or their family in an automobile accident.
• Uninsured/Underinsured Motorist Coverage: Though optional, uninsured/underinsured motorist insurance is essential. It covers injuries to you and your passengers from uninsured drivers.
• Collision Insurance: Collision insurance, optional in Florida, covers car damage after a collision, regardless of culpability. This is crucial for newer or more expensive cars.
• Umbrella insurance: Umbrella liability insurance covers more than car, home, and watercraft policies.
• Homeowners insurance: This insurance covers liability for home and possessions and may cover auto accident liabilities, depending on the policy.

Kaiser Romanello Accident and Injury Attorneys possess extensive knowledge about the myriad forms of insurance, ensuring that victims of Florida auto accidents receive the maximum compensation for their injuries and damages. Their expertise in navigating the complex intersections of various insurance policies means they are uniquely equipped to secure the best possible outcomes for their clients. If you have been involved in a Florida auto accident, take the first step towards safeguarding your rights. Reach out today at 844-877-8679 or fill out the simple consultation form to explore your options with Kaiser Romanello Accident & Injury Attorneys.

Common Types of Florida Car Accidents We Handle

At Kaiser Romanello Accident & Injury Attorneys, our car accident lawyers are here to help protect your rights, and the negligent parties responsible for your injury are held accountable. We handle all types of common auto accident cases. Some of the common kinds of car accidents we take at Kaiser Romanello Accident & Injury include the following:

• Rear-end Accidents: A rear-end collision happens when one vehicle hits the back of another. This type of car accident is prevalent, with studies showing that nearly 40% of all traffic accidents involve rear-ending collisions. Rear-end accidents can often lead to devastating injuries due to the force with which cars collide with each other. Common injuries sustained from these types of accidents include head trauma, whiplash, broken bones, and other severe medical conditions.
• Sideswipe Collisions with Secondary Impacts: Florida auto accidents often include sideswipe collisions, which can be devastating. These accidents usually happen when one vehicle’s side touches another’s, either driving in the same direction or from the other direction. With its busy traffic, Florida is prone to similar accidents. A sideswipe collision that causes a secondary impact with another vehicle or, worse, a fixed object increases the risk. When a side-swipe vehicle hits a tree or concrete barrier, the accident worsens. Fixed objects do not absorb the impact. As such, the accident worsens when a sideswipe vehicle hits a tree or concrete barrier.
• T-bone Accidents: In 2022, side-impact crashes caused 49% chest or abdomen injuries, 24% pelvis or lower extremity injuries, and 4% neck or spine injuries, sometimes with artery, brain, and heart trauma. T-bone hits are particularly dangerous because they hit the vehicle’s side, which has less structural support than the front or rear. Accident type, occupant exposure, impact area, and crash direction affect injury severity.
• Rollover Accidents: Florida rollover accidents are among the deadliest, typically resulting in severe injury or death. Due to their higher center of gravity, SUVs and vans often tip over onto their sides or roofs. High speed, rapid maneuvers, slick roads, and driver faults like inattentive or impaired driving cause these incidents. Rollovers can cause passenger ejection, roof collapse, and severe injuries due to the abrupt crash.
• Multi-car Accidents: Chain reaction multi-car incidents are complicated road events that create difficulties for safety, liability, and compensation. When damaged parties seek reimbursement, it becomes more complex, especially when one insurance policy covers numerous claims. To maximize insurance compensation, personal injury attorneys argue that each chain reaction collision should be deemed a distinct event under the at-fault party’s insurance policy. This strategy’s success depends on the insurance policy’s terms and Florida law.

At Kaiser Romanello Accident & Injury Attorneys, our legal team of experienced attorneys has extensive experience handling all types of common auto accident cases. We understand how traumatic these events can be and strive to provide compassionate yet effective representation for every client we serve. Contact us today by calling (844) 877-8679 or filling out our free online case consultation request.

Florida Auto Accident Personal Injury Claims with Low Property Damage (MIST CASES)

Many people think you need considerable car damage to file a personal injury claim, but Florida auto accidents can cause serious injuries even with little to no visible damage. Insurance companies exploit this misperception with the MIST (Minor Impact Soft Tissue) defense in Florida auto accident cases to reduce personal injury claims. This technique assumes mild, low-speed collision injuries are not serious. Experienced Florida vehicle accident lawyers have found ways to overcome this defense:

Medical Evidence in Florida Auto Accidents: Attorneys acquire extensive medical data to substantiate injuries from Florida auto accidents, even with minimum vehicle damage.

Medical Experts: Medical experts can confirm that low-impact crashes can cause severe injuries in Florida auto accidents.

Florida Accident Reconstruction: Experts can show impact dynamics that can cause injuries in Florida auto accidents, regardless of vehicle damage.

Witness Testimony: Florida vehicle accident victims’ personal experiences and the experiences of their friends and family who live with them and see them suffer undermine the impersonal MIST defense by showing the actual damage and suffering.

Florida Auto Accident Precedents: Florida auto accident personal injury attorneys cite comparable cases to prove that low-speed crashes can cause catastrophic injury.

Kaiser Romanello Accident & Injury Attorneys get large vehicle accident payouts even with little or no property damage. We have a solid record of contesting the MIST defense, which insurance companies utilize to reduce settlements in soft tissue injury and low-impact collision cases. Our experienced attorneys maximize client compensation in these difficult circumstances. Call (844) 877-8679 or complete our online form for a free case evaluation to discuss your choices.

Hiring a Florida Car Accident Lawyer

If you have been injured in an auto accident, you need to hire an auto accident attorney. Your lawyer has experience obtaining monetary compensation for victims of auto accidents. Choosing not to hire car accident lawyers could mean the difference between receiving a fair settlement for your injuries and receiving an amount that doesn’t cover all your medical bills, lost wages, and the money you will need for present and future expenses.

Florida is indeed a “no-fault state.” This means that every driver is required to purchase PIP insurance. When two or more motorists are involved in a collision, each person must file a claim against their own PIP insurance policy. It doesn’t matter who caused the crash.

In some cases, injuries are particularly egregious, and the injured have the right to sue the at-fault motorist for monetary compensation. The times that Florida residents can do this are listed above.

The Florida Statute of Limitations for Car Accident Injuries

The statute of limitations sets a deadline for how much time the injured person has after the crash to sue the at-fault party. For all accidents on or after March 24, 2023, the statute of limitations in Florida is two years from the date the collision occurred. For accidents before March 24, 2023, the statute of limitations in Florida is four years from when the crash occurred. If you do not file your lawsuit within these periods, it will not matter whether you can meet the threshold. You will not be able to file a case against the at-fault driver. An attorney knows when all the critical dates are, and they will not allow these dates to pass without filing the appropriate action.

How a Florida Car Accident Attorney Can Help: Understanding Your Legal Options

Facing a car accident, whether it’s a minor ‘fender bender’ or a major collision with air bag deployment and catastrophic property damage, can be an incredibly difficult time. It brings challenges that range from physical recovery, including mental anguish, to dealing with the complexities of insurance claims and legal proceedings. Our team at Kaiser Romanello Accident and Injury Attorneys is specialized in guiding clients through these challenging times. When the injuries are severe, an attorney is needed to help you obtain monetary compensation for your medical bills and property damages through a personal injury lawsuit. An auto accident lawyer and personal injury law firm have the experience and are in the best position to accept payment for your medical bills, lost wages, and other expenses.

Navigating the Legal Landscape

After a car accident, it’s crucial to understand your legal options. An adjuster from the party’s insurance company will likely contact you up front to discuss the incident. Remember, adjusters are focused on minimizing the financial impact on their company. This is where the expertise of a knowledgeable law office like ours becomes essential, always working on your side.

Seeking Fair Compensation for Bodily Injury

Car accidents can lead to a range of injuries, necessitating everything from short-term care to ongoing physical therapy. Bodily injury affects not just your health but can also lead to significant financial losses. Our team is dedicated to ensuring that you receive fair compensation, which may involve negotiating a settlement offer with the insurance company or pursuing a personal injury lawsuit if necessary.

The Role of Safety Features in Accidents

Modern vehicles are equipped with various safety features, such as air bags, designed to protect occupants during crashes. However, the nature and extent of injuries can vary greatly depending on the severity of the accident and the effectiveness of these safety features. We take all these factors into account when representing your case.

Pursuing the Best Outcome for You

At Kaiser Romanello Accident and Injury Attorneys, our law office is committed to vigorously representing your interests. Whether it’s securing a favorable jury verdict or negotiating the best possible settlement offer in a personal injury lawsuit, we understand the importance of your case. It’s about more than just legal proceedings; it’s about your life and your future.

No matter the scale of your car accident, from minor incidents to those involving significant air bag deployment and property damage, exploring your legal options is vital. At Kaiser Romanello Accident and Injury Attorneys, we’re here to assist you through these difficult times, working towards the financial recovery you rightly deserve.

If you or a loved one were injured in a car accident due to someone else’s negligence, speak with Kaiser Romanello Accident & Injury Attorneys today by calling 844-877-8679 or filling out our free online consultation request form.

Florida Car Accident Frequently Asked Questions

Please remember, this information is a general guide and not a substitute for personalized legal advice. Each case is unique, and we encourage you to reach out to us for specific legal counsel related to your situation.

Should I Get a Lawyer After a Car Accident in Florida?

Yes, you should get a lawyer after a car accident if there is any chance you have been injured in any way. What appears to be a minor injury can often escalate into a serious condition. Failing to receive prompt medical care can hurt your health and your claim. Furthermore, dealing with insurance firms without legal counsel might be dangerous. Their inquiries may be intended to undermine your claim, and signing papers too soon may restrict your ability to seek reasonable compensation later.

Typically, personal injury lawyers take cases on a contingency fee basis, which means they only get paid if you are successful in your claim. As such, there is little financial risk in hiring a personal injury attorney immediately after an auto accident. Conversely, delaying legal counsel can be expensive; without sound legal counsel, you risk forfeiting hundreds of thousands or perhaps millions of dollars in compensation. By hiring a personal injury attorney early, you ensure that your rights are protected and avoid common pitfalls like gaps in treatment or inadvertently damaging your claim. A knowledgeable lawyer can help you navigate the complicated Florida car accident claims system.

How much does an attorney charge for a car accident in Florida?

How much an attorney charges for a car accident in Florida depends on how successful they are at recovering money on your behalf. In Florida, contingency fee agreements are the norm for personal injury lawyers representing clients in auto accidents. A contingency fee means you don’t pay any fees up front.  “If we don’t win, you don’t pay.” This is ideal as the client and personal injury attorney paid on contingency have the same financial interests. The better job the attorney does for the client, the better the attorney does.
How much is the contingency fee after the case is over? To ensure that fees are reasonable and equitable, the Florida Bar has set a standard fee schedule that limits what personal injury attorneys can charge. According to the Florida Bar’s regulations, the contingency fee schedule is as follows:

Before Filing an Answer or Demand:

33⅓% of any recovery up to $1 million, if the case is settled before the defendant has filed an answer.

After Filing an Answer:

40% of any recovery up to $1 million if the case is settled after the defendant has filed an answer

Additional Recoveries in Excess of $1 Million:

For any recovery in excess of $1 million, the fee is 30% if the case is settled before the filing of an answer or 30% after the filing of an answer up to $2 million.

If the recovery is more than $2 million, the fee is 20% of the portion exceeding $2 million, settled before the filing of an answer or 20% after the filing.

A great personal injury attorney justifies their fees as they can significantly increase the value of a case—often magnifying it many times over. Also, by investing in the required resources, the attorney takes on the financial risk of the case.

How much can someone sue for a car accident in Florida?

There is no technical limit for how much someone can sue for a car accident in Florida. As such, there is no legal cap on the amount a person can sue for their pain and suffering in a car accident case or any other kind of personal injury case.  How much you can sue for in a Florida auto accident case, especially regarding pain and suffering, mostly depends on how well the lawyer can persuade the jury to issue a large verdict.  

There have been recent changes regarding how much a Florida personal injury victim can recover for past medical expenses. The new rule limits the amount of prior medical expenses that a claimant can recover to what Medicare or private health insurance would have or has already paid for treatment of injuries sustained in a car accident or other occurrence. This is a change from the former procedure where plaintiffs may file all of their medical costs, no matter how much of them they actually paid.

In order to proceed, plaintiffs must now present proof of the money that was truly spent on their medical care. Payments from all sources, such as Medicare, Medicaid, or private health insurance, are included in this. The admissible evidence of medical expenses is restricted to a standardized rate in cases where medical expenses were not paid (for example, if the plaintiff is uninsured). This rate is 120% of the Medicare reimbursement rate or 170% of the appropriate state Medicaid rate in the absence of a Medicare rate.

A great personal injury attorney knows that the story of pain and suffering holds real power. Shown to a jury the right way, this story can be worth far more than the sum of medical bills.

What is the new law in Florida for car accidents?

The new law in Florida for car accidents is House Bill 837. This new law became effective on March 24, 2023, and was signed by Governor Ron DeSantis, marks a significant reform to the state’s tort system, particularly regarding instances involving auto accidents and personal injury.
This new law has brought about significant changes, such as:
Statute of Limitations: After an automobile accident, you now have two years instead of four to file a personal injury claim.
Comparative Negligence: The law modifies Florida’s comparative negligence system from a “pure” to a “modified” format. In this revised system, if a plaintiff is found to be over 50 percent responsible for their own injury, they are ineligible to recover damages from any defendant.

Medical Expenses Evidence: The new law states that the entire amount of bills is not admissible as proof of medical expenses. Now, the law only allows the actual amount paid by a third party. In addition, plaintiffs are now required to reveal any relevant health insurance coverage they had at the time of treatment for therapies received under a letter of protection. Specifically, Florida’s new tort reform law, HB 837, ties medical bills in personal injury cases to Medicare and Medicaid rates, allowing evidence of 120% of the Medicare reimbursement rate, or if not applicable, 170% of the Medicaid rate, for calculating damages when the plaintiff lacks insurance or is covered by Medicare or Medicaid

Advocates of these measures have argued that they will result in reduced insurance prices, but the law does not directly force insurance companies to drop their rates.

What is the most common type of car accident in Florida?

The most common type of car accident in Florida is  rear-end collision. In 2022, Florida experienced 34,816 rear-end collisions. Rear-end collisions resulted in 130 fatalities and 25,489 injuries, underscoring the severe impact and frequency of such accidents in the state. The primary causes of rear-end collisions include distracted driving, sudden braking, and following too closely, known as tailgating.

What are the different types of car accidents?

The different types of car accidents include:
Rear-end Accidents: A rear-end collision happens when one vehicle hits the back of another. This type of car accident is prevalent, with studies showing that nearly 40% of all traffic accidents involve rear-ending collisions.
Sideswipe Collisions with Secondary Impacts: Florida auto accidents often include sideswipe collisions, which can be devastating. These accidents usually happen when one vehicle’s side touches another’s, either driving in the same direction or from the other direction.
T-bone Accidents: T-bone hits are hazardous because they hit the vehicle’s side, which has less structural support than the front or rear. Accident type, occupant exposure, impact area, and crash direction affect injury severity.
Rollover Accidents: SUVs and vans often tip over onto their sides or roofs due to their higher center of gravity. High speed, rapid maneuvers, slick roads, and driver faults like inattentive or impaired driving cause these incidents. Rollovers can cause passenger ejection, roof collapse, and severe injuries due to the abrupt crash.
Multi-car Accidents often involve chain reaction multi-car incidents where several cars are pushed into each other after being struck from behind. They can also include cars that lose control and enter several lanes of traffic, causing a pile-up and multiple impacts on numerous vehicles.

What should I do after a car accident in Florida?

What should you do after a car accident in Florida requires that you follow these steps:

Safety First: Try to park your car in a secure spot away from traffic. To alert other vehicles, turn on your warning lights and utilize road flares.

Call 911: Even if the collision is small, report it to the police. For legal actions and insurance claims, a police report may be essential.

Take pictures: Photograph the accident scene from various perspectives to document the damage to all automobiles involved. Take pictures of any skid marks, the state of the road, and any traffic signs. If your phone is broken borrow someone else’s phone and have them text pictures of the accident scene.

Information Exchange: Ask all participating drivers for their names, contact information, insurance information, and a description of the vehicle. Obtain the contact details of any witnesses as well.

Seek Medical Attention: Some injuries might not be readily obvious, even if you feel fine. For a comprehensive assessment, see a physician as soon as you can.

Let Your Insurance Know: Notify your insurance provider of the collision. Give them all the required facts, but refrain from assigning blame or speculating on what may have caused the accident.

Get a Car Accident Personal Injury Lawyer: If injuries or substantial property damage occur, consult a personal injury lawyer. They can assist in defending your rights and make dealing with the aftermath of a car accident much less stressful.

Keep in mind that each accident is different, so you should seek professional counsel, particular to your circumstances.

What are the laws for car accidents in Florida?

The laws for car accidents in Florida consist of common law, unwritten laws based on legal precedents, and statutory law. The following are key components of the common law of negligence that determine liability:

Duty: The responsibility to use reasonable care to prevent harm to others that is reasonably foreseeable, such as following traffic laws.
Breach: Happens when someone disregards this duty of care, such as when they speed or drive carelessly.
Causation: Proving that the at-fault party’s breach of duty caused the injury and not some other unrelated cause.
Damages: Proving actual damages brought about by the mishap, such as pain and suffering, loss of enjoyment of life, money losses, property losses, or disability.

Regarding statutory law, Florida’s statutory law includes a two-year statute of limitations for car accident claims and imposes strict liability on vehicle owners for accidents involving their cars. Additionally, the state adheres to a statutory modified comparative negligence rule, which prohibits parties more than 50% at blame from collecting damages and adjusts compensation based on each party’s degree of guilt.

There are too many statutes to discuss all of them here. As such, if you have been injured in a car accident in Florida, speaking with a Florida car accident attorney is imperative to know your rights.

How long does it take to get a lawyer for a car accident in Florida?

How long it takes to get a lawyer for a car accident case in Florida is short once the car accident victim decides on which lawyer to hire. Once a client decides which personal injury attorney to hire for a car accident in Florida, the actual process of hiring them takes only a few minutes. All the necessary paperwork, including the contingency fee agreement, is often completed via email using electronic signatures, making the process simple and efficient. This streamlined approach allows for the immediate commencement of legal representation, ensuring prompt action in the client’s case. Acting quickly after the accident is crucial for timely legal support and the protection of one’s rights.

How long does it take for a car accident case to be settled in Florida?

How long it takes for a car accident to be settled in Florida can vary widely. An aggressive personal injury attorney can significantly speed up the process. They do this by efficiently uncovering and presenting critical facts, drawing on medical expertise, and deploying superior litigation strategies to advocate for a timely settlement. If faced with an insurance company that stalls, such an attorney will take decisive action, filing a car accident lawsuit to catalyze negotiations and drive the case towards a resolution. This proactive legal approach is crucial for those seeking to navigate the complexities of personal injury claims and to secure a fair settlement promptly

What is a no-fault insurance?

Drivers must carry Personal Injury Protection (PIP), which pays up to $10,000 of their own medical costs and lost income after an accident, regardless of who caused it, under Florida’s no-fault insurance system. The primary purpose of this coverage is to guarantee that people obtain emergency medical attention without having to wait for fault to be determined. The at-fault driver’s insurance, however, might have to pay more if medical bills surpass the $10,000 PIP cap. Some people are confused as to why they must make a claim through their own insurance to pay medical bills when they were not at fault for an accident. After an accident occurs, whose at fault may not be obvious. Florida’s strategy places an emphasis on prompt coverage for the first $10,000 in medical bills so that an injured person does not have to wait to prove the other party’s fault when they need immediate medical attention. After the $10,000 limit is reached, the injured party may seek compensation for medical bills through standard fault-based insurance claims.

How do I pay for lost wages or medical bills until I get my settlement?

While waiting for a settlement, you can apply for employer-provided short-term disability or PIP benefits. If a medical evaluation is done within 14 days of an accident, Florida PIP pays 80% up to $10,000 for injuries, regardless of blame.

In a no-fault state like Florida, how can I seek personal injury compensation?

Florida’s no-fault legislation requires drivers to carry PIP insurance, which covers certain injury-related costs but not all, especially for serious injuries. To receive full compensation, see a personal injury attorney and file an insurance claim.

Do I have to go to court if I get a lawyer?

Most Florida personal injury cases settle out of court. The possibility of a non-court agreement varies, and your lawyer can provide guidance.

Do I have a case if my injuries seem minor? 

It is common for injuries to seem minor. However, often this is because injuries can take days or months to fully manifest. Also, often injury victims modify their activities to avoid pain. However, when they try to return to regular life the pain is unbearable. If you experience severe injuries over time, a personal injury lawyer can obtain compensation for you.

What should I do if my or the other driver’s insurer contacts me to settle?

Do not sign or agree to any amount without a lawyer. If insurance companies give less than you deserve, a lawyer can negotiate a reasonable payment.

Do I have a case?

You must prove that the defendant breached a duty of care and caused the accident to claim damages. A car accident lawyer can evaluate your case during an initial consultation.

Have you ever handled a case like this before? 

Ask the car accident lawyer about their expertise with similar situations, especially if the accident caused significant injuries.

Who will be working on my case?

Clarify whether your car accident attorney will manage your case or send it to another team member. Knowledge of your caseworker is vital.

Do I have a chance of winning my case?

Every personal injury case is different, so no one can predict whether you will win your case. Our attorneys ensure their clients have realistic expectations by being honest with you. They will explain when your case has strengths but also let you know when it has weaknesses. However, if a client follows their Florida car accident attorney’s advice, their chances of winning are maximized.

Should I accept an offer from the at-fault driver’s insurance company?

It is not a good idea to agree to anything the at-fault driver’s insurance company offers you. First, you need your own attorney. Your attorney has the experience to keep the at-fault driver’s insurance company from taking advantage of you. When insurance companies make offers to victims, they are often deficient.  It is never a good idea to accept a settlement without consulting with a personal injury attorney.

Florida Car Accident Web Resources