If you or a loved one has been injured in a Florida car accident, you may be wondering about the law in Florida that governs your rights. In Florida, the laws surrounding car accidents and injury compensation are complex, and change over time. Navigating the legal system usually requires the help of an experienced personal injury attorney. At Iacobelli Law Firm, our skilled legal team has years of experience helping car accident victims throughout Florida. Here's what you need to know about Florida car accident laws.
Florida No-Fault Insurance
One of the key aspects of car accident law in Florida is the state's no-fault insurance system. This means that drivers must have personal injury protection insurance (PIP). With PIP coverage, each driver's insurance company is responsible for covering their medical expenses and other accident-related losses, regardless of who was at fault for the accident. It is important to note, however, that Florida still allows the right to sue the at-fault driver for compensation in situations where the accident resulted in serious or permanent injuries.
With few exceptions, Florida does not require a driver to have bodily injury liability coverage. As such, there are times when the at-fault party may not have insurance to cover your injuries and losses. That is why, it is important for all Florida drivers to purchase additional coverage known as underinsured motorist coverage. This optional coverage protects you if you are injured because of the negligence of another driver that does not have adequate insurance coverage.
Statute of Limitations
In Florida, there is a time limit for filing a personal injury lawsuit after a car accident. This is known as the statute of limitations, and under recent changes to Florida law it is usually 2 years from the date of the accident. It's important to file your claim within this timeframe, as failing to do so may prevent you from seeking compensation for your injuries.
Modified Comparative Negligence
Florida historically followed a pure comparative negligence system, which means that if you were partially at fault for the accident, your compensation may be reduced accordingly. For instance, if the injured party has 80% of the blame and the other party was 20% at fault, then you could only recover 20% of your losses from that party. This was fair and equitable, and particularly important in catastrophic injury claims where even a modest percentage of the total recover could still be significant for a seriously injured person. In 2023, however, Florida law changed to a modified standard, which completely bars injury victims from recovering any compensation if they are found to be more than 50% at fault.
If you've been injured in a car accident in Florida, you may be able to recover damages for a range of losses, including:
Pain and suffering
Disability or disfigurement
Due to recent changes in Florida law taking place in the spring of 2023, there are some limitations on evidence that an injured party can present to recover for medical expenses. These changes seek to reduce and limit the medical expenses that can be claimed by individuals injured in Florida motor vehicle accidents.
Working with a Personal Injury Attorney
If you've been injured in a car accident in Florida, working with an experienced personal injury attorney can help ensure that your legal rights are protected. At [Law Firm Name], our legal team is dedicated to fighting for the compensation you deserve. We offer free consultations, and we work on a contingency fee basis, which means you don't pay us unless we win your case.
Learn More With A Free Consultation with a Florida Personal Injury Attorney
If you have been injured in a Florida car accident, time is not on your side. Call us today at 1-866-234-6093 for a Free Consultaltion or request a consultation online to learn more about your rights.
Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death. Andrew is a lifetime member of the Million Dollar Advocates Forum.
Andrew Iacobelli is a Florida personal injury attorney. Andrew is also licensed to practice law in the State of Michigan and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured.