Knowing when to hire a car accident lawyer after an accident can be difficult. Many people assume they do not need a car accident attorney in Florida because of the state’s no-fault insurance laws.
However, accident victims can file claims against at-fault drivers if they sustain serious injuries because of the car accident. Therefore, you may need an attorney to help you prove negligence, fault, and liability for the car accident.
Florida personal injury attorneys also handle other types of accident claims. Examples of accidents that might result in hiring a personal injury lawyer include slip and fall accidents (premises liability), product liability claims, medical malpractice, dog bites, wrongful death claims, workplace accidents, and boating accidents.
When to Hire a Car Accident Lawyer
Many car accident claims are settled through negotiations with liability insurance companies. Liability insurance compensates accident victims for damages caused by an insured in a covered accident. However, you must prove the insured caused the accident so the insurance company can accept liability.
Sometimes, a victim may need to file a car accident lawsuit against the at-fault party. Whether you settle an insurance claim or file a lawsuit, hiring a lawyer may give you a better chance of securing a fair outcome for your car accident case.
Examples of situations that may require help from a car accident attorney include, but are not limited to:
You Sustained Catastrophic Injuries
Always seek prompt medical treatment after an accident to protect your health and document your injuries for a personal injury claim. Catastrophic injury cases often result in significant financial losses. Pain and suffering damages increase and you could develop a permanent impairment.
The damages for a catastrophic injury case may include future damages. You may need expert witnesses to assist in calculating the cost of ongoing medical treatment and long-term care. Financial experts can help calculate the value of future lost wages and diminished earning capacity. Without help from an attorney, you may not receive the full value of your damages.
The Insurance Company Denied Your Claim
If the insurance company denies your claim, contact a lawyer immediately. The insurance company should provide a written explanation for the denial. An attorney can determine if the denial is valid. If not, the attorney can appeal the claim with the insurance company and/or file a personal injury lawsuit to protect your rights.
You Could be Partially to Blame for the Car Accident
The insurance company or at-fault party may try to blame you for causing an accident so that they can avoid liability for damages. Under the theory of comparative negligence, your compensation could be reduced by your percentage of fault. For example, if you are 35% to blame for an accident, the court can reduce your damages by that amount.
Some states set a bar rate for comparative negligence. For example, if you are 51% or more at fault for an accident in Florida, you will be barred from receiving any damages for your claim.
An attorney can help you fight allegations of comparative negligence. Because statements you make could be misinterpreted as admitting fault, it is best to allow an attorney to handle communications with the insurance company and other parties.
You Do Not Know the Value of Your Damages
Accident victims can receive compensation for economic damages, including out-of-pocket expenses, medical bills, and lost wages. They can also receive money for their pain and suffering damages (i.e., non-economic damages).
Insurance companies tend to undervalue damages. They try to avoid liability by telling victims their cases are not worth as much as the accurate value of damages. A personal injury lawyer will understand the value of your damages and how to maximize the value of your claim.
The At-Fault Party Did Not Have Liability Insurance
Suppose the party who caused your injury does not have liability insurance. In that case, an attorney can explore other means of compensation, including filing an uninsured motorist insurance claim, a personal injury lawsuit, or a third-party claim.
If you receive a judgment for an injury lawsuit, you may need an attorney to help you collect the judgment. Collection efforts can include garnishing wages, requesting a sale of assets, and levying bank accounts.
Do You Need Help From a Car Accident Lawyer?
Most Florida personal injury lawyers offer free consultations for accident victims and their families. It costs nothing to speak with an attorney about your case. Before you accept a settlement offer and give up your right to pursue a legal claim, talk with an attorney about your case.
Matthew Mincone is the founder of Mincone Personal Injury Lawyers. As a Tampa personal injury Lawyer, Matthew Mincone has over 15 years of experience fighting for the rights of Tampa residents. Contact his Tampa office today for a free consultation.
Visit our website to learn more: https://avidlawyers.com/
