Florida Car Accident Lawyers

Car Accidents in Florida Handled by Legal Professionals

Car accident injuries and damages can be life-altering. Your injuries could be catastrophic, making it impossible for you to live your life normally. Not only are you dealing with severe physical injuries, but the emotional trauma of the accident may be overwhelming. It may be difficult to cope with the devastation of what you have been through.

Not to mention the excessive medical expenses and out-of-pocket costs looming. Fortunately, you do not have to go through this alone when you have our experienced Florida car accident attorneys at Amanda Demanda Injury Lawyers working for you.

With our personal injury law firm on your side, you can fight to hold the liable party accountable for your damages and ensure the insurance company compensates you for all covered losses. Though the claims process is intimidating, our powerful personal injury lawyers will stop at nothing to maximize your payout.

Contact our team for a free consultation today. When you do, we can discuss your damages at length, who could be at fault for your collision, and what to expect when you file an auto accident claim with the insurance company.

Understanding Car Accident Laws in Florida

If you are ready to take action on your car accident claim, you can start by getting familiar with the personal injury laws that could influence the outcome of your case. They include your right to sue, the statute of limitations, how no-fault insurance works, and what happens when you are partially at fault for a car accident.

The Right to Sue

According to Florida personal injury laws, if one party’s negligence is responsible for causing the damages of another, the liable party will be held accountable for the victim’s suffering. The at-fault party will be expected to compensate the victim for their losses. You do not need to have suffered any specific type of injury to have grounds for a claim. 

As long as we can show your car accident was caused by someone else’s wrongful acts, negligence, or misconduct, you could be awarded compensation. For example, if distracted driving caused your collision, the at-fault driver could be sued. We need to show that the following elements of negligence are present:

• Duty of care
• Breach of duty
• Causation
• Damages

The burden of proof in your car accident lawsuit will be based on a preponderance of evidence. Unlike in criminal proceedings where the prosecuting attorney must prove guilt beyond a reasonable doubt, your Florida car accident lawyer must introduce evidence that convinces the jury of the defense’s culpability. Some examples of evidence that could prove valuable in your case include:

• Copies of your medical records
• Photos of your car accident injuries
• Video footage of the accident scene
• Footage of the collision obtained from dash or traffic cams
• Copies of the involved party’s driving records
• Data obtained from all involved vehicles’ black boxes
• Testimony from bystanders and witnesses to the collision
• Testimony from your family and friends describing how your life has been impacted by the accident
• Reports created by professional accident reconstructionists
• Police reports and testimony from responding officers

Statute of Limitations

Though you should never feel pressured to start working on your case before you are ready, time is limited. The state has a strict two-year statute of limitations deadline. Your lawsuit must be filed within two years of the accident or you could be barred from pursuing your case any further. However, there could be extenuating circumstances that could extend this deadline. If you have a minor child who was injured, the statute of limitations may be tolled.

This means it will be paused temporarily until your child reaches the legal age to pursue their claim. Alternatively, you could pursue your child’s car accident lawsuit on their behalf and access the financial support they are entitled to much sooner.

The statute of limitations could also be paused if you were not diagnosed with injuries related to the accident until days, weeks, or even years after the fact. If this happens in your case, the statute of limitations would expire two years from the date you discovered your injuries.

It is equally important to remember that personal injury claim deadlines are not the only thing you have to prepare for. Many car accident victims recover compensation for their damages by filing insurance claims. The insurance company can set its own claim filing deadlines.

Some insurers allow victims up to 30 days to file claims. Others restrict claim filings to just the first 48 hours after the accident. Whether you are filing a claim with the insurance company or bringing your case to trial, personal injury claims must be filed before the deadlines pass, otherwise, you could miss out on compensation you would have otherwise deserved.

No-Fault Insurance

Florida is a no-fault insurance state. You are legally required to carry auto insurance coverage as a registered motorist. This means you must have at least $10,000 in personal injury protection (PIP) coverage and property damage liability coverage.

When you are involved in an accident, you can file a claim against your auto insurance policy, as PIP or no-fault coverage is paid out without regard to liability for the accident.

If someone else is responsible for the accident, your insurance company will likely pursue a subrogation claim against them seeking the total value of your insurance settlement. If you are responsible for the accident, the insurance company will compensate you based on the covered losses in your auto insurance policy.

Since Florida is a no-fault insurance state, it is almost always in your best interest to increase the amount of auto insurance coverage you carry. You may also want to consider opting into additional coverage programs, such as comprehensive, collision, under or uninsured motorist coverage, or even gap insurance.

The insurance company is only going to compensate you up to the maximum amount of coverage you purchase. And they will do everything they can to avoid paying out the highest limit.

Insurance adjusters have been known to blame victims for their injuries, manipulate statements given to them by claimants, and even misrepresent policy terms to reduce payouts. Insurance adjusters often seem friendly, but they are not on your side.

They will likely do everything they can to take advantage of you during this challenging time in your life. Our car accident attorneys can help. The threat of legal action may be enough to show the insurance company you mean business.

Sharing Fault for the Car Crash

In some motor vehicle accident cases, injury victims are partially at fault for the collision or their injuries. For example, maybe you chose not to wear a seatbelt, changed lanes without signaling, were driving over the speed limit, or shared liability in another way. You can expect the liable party to attempt to capitalize on the state’s shared fault laws to reduce their financial obligations.

Thankfully, Florida is not a pure contributory negligence state where parties that share blame for the car crash are barred from receiving a car accident settlement award. Instead, the state operates under a modified comparative negligence code.

Sharing a certain amount of blame for a car crash will not bar recovery, but if your portion of fault exceeds the threshold, you lose the right to a payout. Those who do not meet or exceed the limit will still need to answer for their percentage of negligence. To do this, the court system reduces their payout.

The amount you can expect to be deducted will correlate with your percentage of fault. For instance, if you were assigned 15% of the blame, you would lose 15% of your settlement amount. Depending on the size of your award, this loss could be significant.

Unfortunately, even if you do not share fault for your car accident injuries, you can expect the insurance company and the liable party to blame you anyway. If they can get away with paying you less or avoiding liability altogether, they will.

Your car accident lawyers will be responsible for ensuring culpability is accurately assessed and challenging unfounded shared blame allegations so you can maximize your car accident award.

Common Car Accident Injuries

Our clients have been diagnosed with a wide variety of injuries. Some of those injuries include:

• Traumatic brain injuries
• Loss of limbs
• Post-traumatic stress disorder (PTSD)
• Fractured and broken bones
• Spinal cord injuries, including paralysis
• Neck injuries, such as whiplash
• Concussion
• Soft tissue injuries
• Burn injuries

No matter what injuries you are dealing with, our team will be responsible for figuring out how the accident occurred and who is responsible. Most car accidents are caused by unsafe driving, vehicle defects, or dangerous roads.

Our investigation will reveal whether a negligent driver, motor vehicle part manufacturer, government agency, or municipality shares responsibility for your losses.

Compensation and Damages for Florida Car Accident Victims

Car accident victims have a chance to demand total financial recovery. When another party is at fault, they can be ordered to compensate you for your damages. Some types of losses can be recovered through an insurance claim but others need to be sought through a car accident lawsuit.

The damages you are entitled to recover are known as compensatory damages, which consist of economic and non-economic losses.

Economic Damages

Economic damages include all financial losses. You should not be stuck covering any of these expenses when someone else is to blame. Some of the most frequently awarded economic damages in Florida car accident claims include:

• Medical bills
• Lost wages
• Loss of household services
• Rental car costs
• Loss of employer-provided benefits
• Diminished earning potential
• The diminished value of your vehicle
• Auto insurance increases
• Damage to your credit report
• Future medical treatment
• Medical devices and equipment

Non-Economic Damages

Non-economic damages are more challenging to calculate. They are often more impactful than economic losses, but they do not have an inherent financial value, which makes them difficult to evaluate.

Our personal injury team will need to discuss the various ways your life has been affected by your accident so we can accurately calculate the value of your non-economic damages using the multiplier method or the per diem method. Some examples of non-economic damages car accident victims can recoup in Florida include:

• Inconvenience
• Damage to your reputation
• Reputational damage
• Physical pain
• Chronic suffering
• Mental anguish
• Fear and anxiety
• Indignity and embarrassment
• Disfigurement and scarring
• Emotional distress
• Loss of consortium
• Diminished quality of life

Punitive Damages

If you hope to collect a punitive damages award, you may be disappointed unless the defendant’s actions were intentional or grossly negligent. Punitive damages are also known as exemplary damages and are only issued if the court system finds punishing the defendant appropriate. Punitive damages are typically designed to placate the community. If punitive damages are awarded, the belief is that future wrongdoers will reconsider before engaging in similar conduct.

Florida Car Accident FAQ

The trauma you have experienced may leave you with significant emotional injuries, physical limitations, and monetary losses. Pursuing legal action against the liable party may be the best way to make the liable party compensate you for your damages if they have tried to escape their financial obligation to you and your family. Many injury victims want to demand justice but are overwhelmed by all the unanswered questions plaguing their minds.

If this sounds like what you’re going through, you are not alone. At Amanda Demanda Injury Lawyers, it is our goal to empower you to fight for your rights.

We have put together a knowledge-filled FAQ below regarding Florida car accidents and personal injury laws. If we have not answered your questions or concerns here, contact our team for a confidential consultation where we can discuss the individual details of your case.

Should I get a lawyer after a car accident in Florida?

It is nearly always in a car accident victim’s best interests to have a dedicated Florida auto accident lawyer or personal injury attorney handle their case. When you have a legal advocate working for you, you will be able to spend more of your time and energy on your healing journey. Some of the most important responsibilities your Florida car accident attorney will take on include:

• Investigating the cause of the accident
• Gathering evidence to prove the defendant’s culpability for your damages
• Filing insurance claims and preparing court documents
• Negotiating with insurers and demanding they compensate you fairly based on the policy terms
• Calculating the value of your existing and future damages
• Helping you get your medical expenses taken care of while you navigate the claims process
• Taking your car accident case to trial when the driver that hit you is uninsured, the liable party lacks enough insurance coverage, or the insurance company refuses to settle your claim reasonably

You can rely on our car accident attorneys to update you regularly with case status changes and be available to answer your questions or concerns promptly. You will work directly with our team and have access to your legal representative when you need them most. There is no legal requirement that states you must have a Florida auto accident attorney working for you. However, when you are struggling to heal from your serious injuries, or do not have the legal experience to take a case to trial, your personal injury lawyer could be your greatest asset as they advocate for your right to total financial compensation.

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

One of the top benefits of working with our Florida car accident law firm is that you can work with a personal injury attorney on contingency. If you need to hire a family law attorney, criminal defense lawyer, or even a small business lawyer, you might be expected to put a retainer down.

However, we never require our clients to risk their finances after everything they have been through. Instead, we work on a no-win, no-pay basis.

Payment for our legal services is contingent upon winning your case. If we are not successful, you do not have to pay anything. We also cover all of the costs associated with building your case.

You will never need to pay court filing fees, hire expert witnesses to evaluate evidence or pay for any other costs that arise. We take on the risk so you do not have to. If we agree to take on your case, you can feel confident. We will not take on a case if we do not expect to win.

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

Florida tort laws make it possible for car accident victims to recover the total value of their damages. Car accident survivors are not restricted in any way. So, you can seek millions of dollars in economic and non-economic damages, depending on how substantially your life has been impacted by your injuries.

Your car accident lawyer will also consider the impact your injuries are expected to have on your life over time. For example, suppose you were diagnosed with a permanent disability and your entire life has been changed by the accident. In that case, you may be entitled to more than someone who suffered a minor bone break and will regain total functionality and mobility. You can find out how much your car accident damages are worth when we discuss your losses during your initial consultation.

What is the new law in Florida for car accidents?

There were multiple law updates for personal injury and car accident victims in Miami, Fort Lauderdale, and across Florida. As of March 2023, there are two major law changes. The first are changes to the state’s stance on shared liability. If you share partial blame, you will be prohibited from moving forward with your claim if your percentage of fault exceeds 50%.

Before the law changed, there was not a cap on how much blame you could share, you would be able to pursue your claim even if you were 99% at fault.

However, this is not the only change in the law you need to be aware of. There were also significant changes to the state statute of limitations for personal injury lawsuits. The law now allows for up to two years to pass before the statute of limitations expires.

Before the law was changed in March 2023, injury victims had four years to file lawsuits. These laws make it more challenging for injury victims to recover compensation through a personal injury lawsuit. For this reason, having a knowledgeable and dedicated car accident law firm on your side could be what you need to overcome the odds and get the most out of your claim.

Connect With an Experienced Car Accident Lawyer in Florida Today

The fallout of motor vehicle accidents does not need to follow you for the rest of your life. A respected Florida car accident attorney from Amanda Demanda Injury Lawyers advocating for your rights will do everything possible to make the liable party pay.

Why should you be forced to cover the expenses you have endured when someone else is at fault? We do not believe you should. Let our personal injury attorneys fight for the compensation you deserve. Demand justice. Request a free, no-obligation consultation today to find out what your next steps should be. You can start to take back control of your life when you call our law offices or complete our convenient contact form today.

Abogados para Latinos - At Amanda Demanda Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That’s why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We are proud to serve Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.