How to Pursue Compensation After a Car Crash
If you were involved in a motor vehicle collision, you will need to file a claim under your Personal Injury Protection insurance to cover the cost of your medical treatment.
In Florida, the person who is at fault for an auto accident is responsible for property damage up to the maximum amount of insurance coverage they possess.
If you sustained severe injuries, you may need to pursue compensation beyond what is covered by your Personal Injury Protection insurance. An auto accident lawyer at Parker Waichman LLP can help you file a personal injury lawsuit.
What is the Serious Injury Threshold in Florida?
You will be unable to file a lawsuit and pursue additional compensation unless you meet the state’s serious injury threshold.
The following types of injuries meet Florida’s serious injury threshold:
- Loss of life
- Significant and permanent scarring or disfigurement
- Permanent and significant loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Fracture
Your auto accident lawyer can review your medical records and speak with medical professionals to determine if your injuries meet the state’s serious injury threshold. Your attorney will gather vital evidence that supports your claim. They will send a demand letter to the other driver’s insurer.
A demand letter outlines the facts of your case, explaining how your injuries meet the serious injury threshold, discussing the legal basis for your claim, and explaining the extent of your damages. The letter will also include the amount of compensation you are requesting to settle your claim. In most cases, claims are settled through negotiations.
If the negotiations are not successful, your auto accident lawyer may advise you to pursue compensation by filing a lawsuit against the negligent driver.
How Can a Bonita Springs Auto Accident Attorney Help?
During this difficult time, your car accident attorney can help by:
- Investigating the accident
- Gathering evidence
- Interviewing witnesses
- Consulting with experts to accurately calculate damages and establish liability
- Filing paperwork
- Handling all communication with the insurance company or defense attorney
- Filing a lawsuit
- Representing you in court
What Auto Accident Damages Are Available?
When you file a lawsuit, you may be entitled to the following types of economic and non-economic damages:
- Past and future medical care costs, such as hospitalization, rehabilitation, surgeries, medication, assistive medical devices and equipment, doctor’s appointments, etc.
- Past, present, and future lost wages
- Pain and suffering
- Funeral and burial costs
- Loss of quality of life
- Temporary or permanent disability
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
And more.
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