On Behalf of Rosenthal, Levy, Simon & Sosa | September 14, 2023 | Car Accidents
A single auto accident can set your life back in an instant because of lost income, costly medical expenses, and emotional trauma. Whether you’re dealing with your own insurance provider or a negligent driver’s insurer, you will need a dedicated and experienced West Palm Beach lawyer to advocate for you and fight for your legal right to receive fair compensation for all your auto accident-related losses.
If you have yet to schedule your free consultation with our West Palm Beach auto accident lawyer, here’s what you should know about auto accident claims in Florida.
What You Must Know About Florida’s No-Fault Auto Insurance Law
Florida follows the no-fault auto insurance rules when it comes to auto accident claims. This means that you have no choice but to turn to your own no-fault or PIP (personal injury protection) insurance policy first to seek compensation for qualified losses following an auto accident. It doesn’t matter who might have caused the crash, hence, the term no-fault. The main issue with the no-fault scheme is that PIP benefits are usually not high enough to cover the losses associated with serious injuries.
Additionally, you can only file an auto accident claim against the at-fault party if your injuries and losses meet certain requirements. If you meet these requirements and can sue the at-fault party, you can demand all kinds of damages, such as:
- All the medical expenses related to your auto accident injuries, including those for long-term and future medical treatments.
- Non-economic losses, such as emotional trauma, pain and suffering, and mental anguish, which are not compensable in PIP claims.
- Future lost income and reduced earning capacity
To determine whether you can file a claim against the at-fault party and seek compensation from their insurer, you should talk to a West Palm Beach auto accident lawyer as soon as you can. This is crucial because you only have two years from the car accident date to file a lawsuit against the at-fault party. Otherwise, you will lose your right to sue them for compensation.
The Modified Comparative Negligence Rule in Florida Can Affect Your Auto Accident Claim
Based on the new modified comparative negligence rule in Florida, the compensation you can receive in a claim will be reduced by your share of fault in an auto accident. This means that you will not be able to get any compensation from the at-fault party if your share of fault is higher than 50%. In an insurance claim, the at-fault party’s claims adjuster and legal team will also use this rule when assessing your claim to try and reduce your payout or deny your claim.
Speak to a Seasoned West Palm Beach Auto Accident Lawyer Now
At Rosenthal, Levy, Simon & Sosa, you can count on our West Palm Beach auto accident lawyer to secure the best possible outcome for your case, whether through a negotiated settlement with the insurer or a damages award in court. Send us an online message or call our office at 561-478-2500 to arrange your free case review with our West Palm Beach auto accident lawyer.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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