This is when you can sue someone for a car accident in Tampa, FL
Tampa, FL – If you were injured in a car accident, the last thing you want to do is to deal with a lawsuit. Unfortunately, in Florida, this may be the only way to recover damages, especially if it was a serious accident and you were left with severe injuries and huge medical bills.
How do you recover damages after a car accident in Tampa?
There are basically three ways you can recover damages following a car accident in the state of Florida.
Recover under your Personal Injury Protection
Much depends on the liability coverage you have on your Personal Injury Protection (PIP). As Florida is a no-fault state, if you were in a car crash you can recover medical expenses and lost wages under your PIP, but the amount you receive is subject to the limitations of your policy. If you only have minimum coverage, that’s $10,000. This won’t be enough to cover your medical expenses even for whiplash, let alone brain trauma or spine damage that requires surgery and months of rehabilitation.
Also, you need to keep in mind that your PIP only pays up to 80% of your medical bills and 60% of your lost wages, and you don’t get any compensation for your pain and suffering.
File a claim against the other driver’s insurance
Unless you were in a minor crash, you will need to talk to an experienced Tampa car accident lawyer.
If you’re unhappy with the compensation you can get under your PIP, a seasoned attorney can help you file a claim against the other driver’s insurance. The moment you do that you’re stepping out of Florida’s no-fault rule. To recover damages under the other driver’s insurance your lawyers will have to prove that the other driver was at fault for the crash.
It is not recommended that you do this on your own because the insurance company will try to use the state’s comparative negligence rule against you in order to reduce the compensation you are entitled to. If you admit to being a bit distracted or driving over the speed limit at the time of the crash, the insurance adjuster will rule that you were also somewhat to blame for the crash. Your damages will be reduced by a percentage corresponding to your share of the blame.
The compensation you can receive is also subject to the other driver’s coverage, so it may very well not be enough.
Sue the driver that caused your car accident
Under Florida’s statute of limitations, you have four years from the date of the crash to file a lawsuit. At the same time, you can file a car accident lawsuit if you have sustained severe injuries as defined by law. This means your lawyers will have to show that the injuries you sustained caused:
- significant and permanent loss of an important bodily function
- permanent injury, within a reasonable degree of medical probability
- significant and permanent scarring or disfigurement
If someone was killed in a car accident, the law qualifies that as severe injury and the family of the deceased can sue the driver that caused the crash.
If you were in a car accident and want to know how you can recover damages, schedule a free consultation with a reliable attorney at the Reyes Law firm in Tampa.
Contact info:
LAW OFFICE OF EDWARD J. REYES, P.A.
4730 N. Habana Ave. Suite 201
Tampa, Florida 33614
Phone: (833) 422-3329
Website: www.thereyesfirm.com
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