A Legal Guide For Newbies: The Florida Laws You Need To Know After A Car Accident
Michael Babboni
Car Accidents
When you’ve been in an accident that was the fault of another person, you are legally protected by Florida law. Understanding your rights under Florida law, however, can be very difficult. That is why it is always recommended you hire a legal expert after any car accident, so your rights are protected. However, if you understand a few key concepts, understanding your rights after an accident can be a little easier.An Explanation Of The Three Key Legal Concepts
Here is a basic overview of the most important legal concepts you need to understand after you’ve been in a car accident:
• Damages: Damages are covered by 2011 Florida State Statute Title XLV Chapter 768 Section II “Damages”. Damages are defined as a payment made to a plaintiff (the individual filing the claim or lawsuit against the negligent party) for harm or injury a result of the defendant (the individual responsible for the accident). Damages cover everything from tangible harm like medical bills to intangible harm like pain and suffering. The amount of damages for the negligence depends on the circumstances of the accident. Factors determining the value of damages include the degree of negligence, the injuries, and the identity of the defendant. Damages cover both compensatory damages which cover the costs of the harm and punitive damages which are a punishment for causing the harm.
• Negligence: Negligence is covered in the 2011 Florida State Statute Title XLV Chapter 768 Section 81 “Comparative Fault.” Florida uses a system of comparative fault to determine negligence and ultimately the value of damages. Each case is reviewed to see what percentage of fault all parties involved committed. For example, if you get into an accident with a car making an illegal turn, but you were speeding at the time, the courts will split the fault of the accident into percentages. If they assign 90% of the fault to the other driver, and 10% of the fault to you. You will only receive 90% of the total figure for the damages. So if the total damages were $100,000, you will only be awarded $90,000.
• Statute Of Limitations: The Statute of Limitations is defined by the 2011 Florida State Statute Title VIII Chapter 95 Section 11 SubSection 4a. A statute of limitations is the legal deadline for when you can file a claim. With auto accidents, plaintiffs may file a lawsuit within four years of the date of accident. If they are filing a wrongful death case as part of the auto accident, they have two years. It is critical that after an accident you work quickly or you may miss your deadline to get compensation for your damages.
Why An Auto Accident Attorney Is Critical To Protect Your Rights
Understanding these legal concepts can help you understand the process for getting compensation for your injuries. However, in order to really be protected, you need the help of a legal expert. Florida law is very complicated and can be used by the insurance companies to get out of paying. For example, since there is a legal grey area about what exactly determines damages, insurance companies may undervalue your damages in order to pay less. They might also use the comparative fault laws to assign you a larger percentage of blame for the accident than what is real. Finally, they may drag out the process in order of hoping you won’t file a claim within the statute of limitations. We have seen all of these tactics.
In order to ensure your rights are protected in Florida, you need someone with the legal expertise to navigate these tactics. Someone like the St. Pete’s Lawyer Michael Babboni. With 27 years of experience helping auto accident victims in Florida, Michael not only knows his way around the law, but local insurance companies know he is very knowledgeable. He will not only protect your rights, but explain the legal process every step of the way. So you feel confident knowing you are protected.
If you’ve been in an accident, it’s smart to know the law. It’s even smarter to work with a skilled professional. Call us today for a free case review to learn how we can help you!