Seminole Car Accident Attorney
Jenkins Law is available to help you if you’ve been in a Pinellas County car accident. Our Seminole car accident attorney will immediately get to work by collecting and preserving evidence and intervening with the insurer on your behalf. We can also settle your case in court or outside of it. Our firm is here to help you after an accident caused by negligence. Get in touch with our Seminole car accident attorney today.
Florida No-Fault Car Accident Claims
Florida is one of 12 “no-fault insurance” states that covers car accidents. You can file a claim with insurance companies for benefits if you are involved in an accident. Your insurance will still pay even if you are at fault for the accident. The benefits that you can get from your no-fault insurance (also known as Personal Injury Protection or PIP) are very limited. No-fault Florida benefits include:
- 80% of medical bills
- 60% of income lost
These benefits are only available if you seek medical attention within 14 days after the accident. Otherwise, your claim will be denied. Benefits are limited to $10,000 if you have an “emergency condition”, as Florida law defines it. Your no-fault benefits will be reduced to $2,500 if you are unable to get a doctor to confirm that you have an emergency medical condition.
Fault-Based Claims for Negligence
Florida legislators tried to create the impression that they were making it easy for accident victims to receive financial assistance after a crash by passing the no-fault insurance law. They were really trying to limit the possibility of a lawsuit being filed against the negligent driver. The insurance company is ultimately responsible for paying the claim if you sue the negligent driver. Insurance companies don’t like this. It is because insurance companies benefit from no-fault insurance laws at the expense of accident victims who aren’t fully compensated.
However, Florida’s car accident law doesn’t entirely depend on fault. It is possible to sue negligent drivers for all damages, even if they are not covered by the no-fault system. This includes your medical bills, lost income, and pain and suffering. You can sue the negligent driver for negligence in these situations:
- Significant and permanent loss of an important bodily function
- Significant and permanent scarring and disfigurement
- Permanent injury with a reasonable level of medical probability
- Death
Driver’s Negligence
A fault-based claim will require you to prove the negligence of the other driver. This includes speeding, following too closely, failing to obey traffic signs or signaling to drivers, texting while driving, or drinking and driving. The driver’s negligence is what caused the accident and the injuries you sustained.
You will also need to prove that you were seriously injured in the accident and the damage you have suffered or will sustain as a result. This applies whether you’re settling a claim or trying to present the case before a jury. If they refuse to offer a fair settlement, the insurance company will either deny that their insured is liable or claim that you were negligent. They may also be apt to dispute your injuries and claim that:
- You don’t get as much pain as you think
- The crash didn’t cause your injuries
- You have a pre-existing condition, degenerative disc disease, or other medical problem
Experienced Seminole car accident attorneys are essential to proving your case and obtaining the right amount of compensation. Jenkins Law is familiar with the laws and procedures applicable to your case. We are able to collect the necessary facts to prove your claim. It is devastating to be hurt in an accident. Our team of auto accident lawyers can help you receive the compensation and care you deserve.
Contact Jenkins Law Today
Jenkins Law will help you determine if you have a claim beyond the no-fault limit and negotiate a settlement or go to court to get a verdict. Get in touch with our Seminole car accident lawyer today!