Florida is a no-fault state, meaning each driver carries a small personal injury protection (PIP) insurance policy to pay for most car accident injuries and related lost wages. This type of policy works in relatively minor crashes where your injuries are not severe.
In a serious accident, however, drivers and passengers sometimes suffer devastating, life-altering injuries. The cost to treat these injuries can exceed a PIP policy in the first few hours and may require weeks or even a lifetime of ongoing treatment. Florida lawmakers understand this and give certain car accident victims the right to file for additional compensation from the driver who caused the accident.
At the Law Firm of Anidjar & Levine, we get our clients the money they deserve after a car accident. We are here to act quickly and aggressively on your behalf, to analyze your options for compensation, and to navigate the claims process for you. Call us today at 800-747-3733 to discuss your crash with a Miami car accident lawyer.
Do I need to file a claim based on my personal injury protection policy?
Florida law requires you to carry at least $10,000 in personal injury protection coverage. If you were in a car crash, this is probably the first insurance claim you will file. However, if you believe you are likely to exceed this limit due to the nature or severity of your injuries, give us a call before you file your claim. We can file this claim for you and ensure your rights remain protected throughout the process.
We will collect evidence to prove your accident-related damages, including the cost of your medical bills and lost wages. It is important to note your PIP policy provides no coverage for pain and suffering damages. Instead, it only covers economic losses up to the limits of your policy.
Do I qualify for compensation beyond the limits of my PIP policy?
Treatment for accident injuries add up more quickly than many people realize. You have bills for the ambulance ride, emergency room visit, hospitalization, inpatient treatment, rehabilitation, and ongoing outpatient therapies. If your injuries are serious enough, you may have to pay for surgery, adaptive equipment like wheelchairs, and even in-home nursing care. You may also have to purchase expensive prescription drugs throughout your recovery process.
If your accident was moderate or severe, you likely suffered major injuries and owe medical bills above and beyond what your PIP policy will cover. We can analyze the factors of your case and examine your medical records to see if you meet the criteria for us to file a third-party liability claim against the negligent driver who caused your crash.
Florida law sets certain criteria for determining if a crash is serious. If your injuries meet these criteria, you are eligible to file a claim for additional compensation. Under this law, serious injuries include:
- Injuries leading to death, now or in the future;
- A significant impairment that affects the function of an important part of the body;
- Permanent injuries that cause impairments; and
- Scarring or disfigurement on the face, hands, or other significant areas.
When we review your case, we can quickly determine if we need to investigate further to see if your medical records confirm you meet the serious injury threshold. If you do, we can collect evidence to prove the other driver caused your crash and file an insurance claim based on that driver’s auto liability policy.
We will then present your claim to their insurance company, outlining your accident-related losses, the severity of your injuries, and how your injuries affect your life. From there, we will request just compensation and negotiate a settlement to cover your damages. Occasionally, the insurance company may refuse to negotiate or offer a fair settlement and we need to file a personal injury lawsuit against the at-fault driver. However, this is rare and we can typically settle these cases out of court.
What kinds of damages are available to me through a third-party insurance claim?
When your injuries are serious, the range of damages and losses you suffer seems to increase. Where a minor injury may allow you to drive yourself to the nearest hospital, serious injuries usually require some type of emergency transportation such as an ambulance or medical helicopter.
Because of our experience with Miami car accident claims, we know how to find accident-related losses many might overlook. This is important since you can collect both economic and noneconomic losses in a third-party claim and we calculate your pain and suffering damages based on your actual losses incurred.
We collect bills, receipts, estimates, and other documentation of your economic losses to prove your damages, which may include:
- Emergency transportation from the scene;
- Emergency department treatment;
- Inpatient treatment;
- Inpatient rehabilitation;
- Outpatient therapy;
- In-home nursing care;
- Prescription drugs;
- Adaptive equipment costs;
- Ongoing care costs;
- Lost wages;
- Vehicle repair costs;
- Rental car costs; and
- Other accident-related expenses.
If you lost a loved one in a Miami car accident, we can also help you get the compensation you need to cover the economic and noneconomic damages associated with their crash and subsequent death. This is also one way to hold the negligent driver accountable for taking the life of your loved one.
How quickly do I need to act after a car accident?
The statute of limitations for filing a personal injury or property damage lawsuit in Florida is four years from the date of the crash. This may seem like a lot of time, but you need to act quickly to protect your rights. The earlier you involve us in your case, the better chance we have of collecting evidence to prove negligence and hold the at-fault driver accountable. Often, this requires only a police report and eyewitness testimony, but other cases are much more complicated and require the testimony of accident reconstruction experts and other specialists to prove negligence.
We advise you to take action as soon as your injuries stabilize. Give us a call and we can look into your case and offer our analysis. This is also important because occasionally there may be a much closer deadline that applies in your case. Government agencies, especially, may only give accident victims a few weeks to file paperwork about an incident. Missing this deadline could prevent you from filing a lawsuit if we cannot collect the compensation you need through an insurance claim.
How can I contact the Law Firm of Anidjar & Levine?
At the Law Firm of Anidjar & Levine, we represent Miami car accident victims and their families. We can fight for the full value of your claim, helping you recover compensation from a PIP claim or a third-party liability claim. Call us today at 800-747-3733 to schedule a time to discuss your accident and injuries. You do not pay until we can reach a settlement in your case.