The no-fault system for car accident claims is supposed to simplify the claims process after a wreck. The system works well when you suffer only property damage or minor injuries, but it can be challenging if you are seriously hurt.
A DeLand car accident lawyer could guide you through the claims process and ensure that you receive compensation commensurate with your injuries. Other lawyers and local professionals engage our injury attorneys at Colling Gilbert Wright when they need representation after a wreck because they are familiar with the high quality of our services and our unmatched record of success.
What Is Florida’s No-Fault System and How Does It Work?
Everyone registering a vehicle must have personal injury protection (PIP). In the event of an accident, this insurance covers injuries to the vehicle occupants, pedestrians, and bicyclists who get injured in the wreck and do not have their own PIP. This coverage pays for medical treatment for injuries sustained in the wreck and a partial wage if you cannot work while you are recovering.
Florida Statutes § 627.737 allows you to step out of the no-fault system and file a lawsuit if the wreck caused a serious injury. The law defines the following as serious injuries:
- An injury that permanently impairs a bodily function
- Permanent, significant disfigurement or scarring
- Injuries with a reasonable medical probability of being permanent
- Fatal injuries
The definition of serious injury leaves considerable room for interpretation. Our DeLand car accident attorneys could work with your healthcare providers to determine whether you could step out of the no-fault claims process. If so, you could claim compensation beyond what PIP provides.
Pursuing a Car Accident Claim in Court
When you take a car wreck claim to court, you must prove that the other party is negligent. If they received a police citation for the crash, that ticket is evidence of negligence.
There are ways to prove negligence even when the other driver did not receive a ticket. Any indication that they did not use reasonable care to prevent or avoid the accident is evidence of negligence. Our proactive lawyers in DeLand could review all the available evidence and engage a car crash reconstruction expert when necessary to gather proof of the other party’s negligence.
When you are successful in court, you are entitled to reimbursement of all the expenses you incurred due to the accident and compensation for your pain and suffering. Our legal professionals have achieved numerous seven-figure verdicts and settlements on behalf of people seriously injured in vehicle crashes.
Punitive Damages
Punitive damages are sometimes available in car accident cases. Courts may award punitive damages if you can show that the person was grossly negligent or acted intentionally.
This is a high standard, and most car accident cases will not qualify for punitive damages. However, judges sometimes award punitive damages to people injured by drunk drivers or those who were similarly reckless and indifferent to others’ safety.
Comparative Negligence May Impact Your Compensation
Some car accidents are very clearly the fault of one person, but many happen due to a combination of factors. If your conduct contributed to the accident that injured you, it may affect the amount you could collect in damages.
The law allows you to seek damages for a car crash if you were not primarily responsible. However, the court will deduct a percentage from your damages that equals your degree of fault. For example, if your damages are $500,000 but you were 20 percent at fault for the accident, you will only collect $400,000.
Insurance companies for responsible parties may exploit this law to shift an unfair portion of the blame onto you. Our experienced car accident attorneys in DeLand could push back against these attempts and ensure that the compensation you receive adequately reflects the severity of your injuries.
Contact Our Attorneys After a Car Accident in DeLand
When you suffer serious injuries in a car crash, you may need to bring a legal claim to get sufficient compensation to cover your expenses. A DeLand car accident lawyer at Colling Gilbert Wright could guide you through the process and present the strongest possible claim.
We do not charge for consultations, and you do not owe us anything until we obtain a verdict or settlement for you. You have nothing to lose, so call The Florida Firm to discuss your car accident claim.