In Florida, victims of traffic accidents have the right to compensation under certain circumstances. These circumstances apply to their injuries primarily. Under Florida’s state insurance laws, all claims must follow strict guidelines related to a no-fault system. All drivers need personal protection and liability coverage. The following is frequently asked questions about these events answered by a Car Accident Attorney in Hollywood FL.
Are There Restrictions That Apply to Compensation After an Accident?
Yes, claimants must file a claim through their own insurance to recover funds before filing a lawsuit. Any compensation received by the policyholder reduces their ability to receive an award through a lawsuit. However, serious injuries deem the victim eligible for additional compensation.
What are Serious Injuries as Outlined Under Florida’s State Laws?
Serious injuries include but are not limited to traumatic brain injuries, disfigurement, and the loss of limb. However, serious injuries that lead to lifelong disabilities qualify for legal claims under these laws. A lawsuit must be filed before the third anniversary of the accident.
What Should Consumers Do If they are Contacted by an Insurer?
The victim has a contractual obligation to discuss their claim with their insurance provider. However, if the insurance carrier for the defendant in a lawsuit contacts them, they need to forward these calls to their attorney. Any information collected by the insurer is used in the defense case.
Can Victims File a Lawsuit if They are Guilty of a Traffic Violation?
Yes, the victim maintains the right to file a claim if they are guilty of a traffic violation. However, under comparative fault rulings, the violation cannot be linked to the cause of the accident. If it is, the claimant’s award is reduced according to a percentage that applies to their accountability. Any percentage higher than fifty percent dismisses the lawsuit.
In Florida, victims of accidents must utilize their own personal insurance coverage before filing a legal claim. They cannot file a claim if they receive the full balance of medical costs for their injuries. However, serious injury provisions apply to some cases. Victims who need a Car Accident Attorney in Hollywood FL can contact the Law Offices of McCullough & Leboff P.A. today.
