If you’ve experienced a car accident in Lakeland, you’re likely feeling overwhelmed by the aftermath of the situation. If you suffered injuries in your accident, you may be going through both a physical and emotional healing process.
Your medical treatment can result in significant medical expenses, and although Florida requires all drivers to hold personal injury protection insurance, your bills may exceed your policy’s coverage. If you find that your insurance isn’t covering all your damages or you suffered injuries that were severe, you can take legal action against the liable party in your collision.
Taking legal action can also be overwhelming if you aren’t familiar with the legal process. You may have various questions regarding how to file a car accident lawsuit, which is why it’s important to speak with a car accident lawyer in Lakeland and get advice. We’ve answered some of the most frequently asked questions below, but an experienced attorney can expand on these answers in greater detail.
How Does No-Fault Insurance Work?
No-fault insurance is complex and has both pros and cons. In Florida, drivers must carry a minimum of $10,000 in personal injury protection insurance. This insurance provides coverage for medical expenses and lost wages in case you get in an accident. You can use this insurance regardless of whether another driver is at fault or you’re at fault in a wreck.
If you want to sue the liable party in your accident for damages, there are specific circumstances when you can do so. If you suffer severe or disfiguring injuries, you can bypass your personal injury protection insurance.
You can also sue the liable party for property damages because personal injury protection insurance doesn’t apply to property damage. Lastly, you can sue the liable party if your personal injury protection insurance doesn’t cover all your damages. In a personal injury lawsuit, you can recover both economic and non-economic damages for your accident.
What if I Was Partially at Fault for My Car Accident?
Florida has a comparative fault law that allows any liable party to recover compensation in an accident; however, the court will calculate your percentage of fault and deduct this percentage from your overall settlement. For example, if you’re 20 percent at fault for your accident and your damages equal $80,000, you’ll ultimately receive $64,000.
Is There a Time Limit on Filing My Claim in Lakeland?
Florida has a statute of limitations of four years for personal injury claims, which means you’ll have four years from when your accident occurred to file a claim. If you don’t file a claim within the four-year deadline, the court won’t hear your claim and you won’t receive any compensation for your losses.
Filing a car accident lawsuit in Lakeland is complex and it’s understandable to have a variety of questions in concerns. Speaking to an experienced attorney can be the key to gaining the knowledge you need to move forward with confidence.