Did you know that over 400,000 auto accidents were reported in Florida in 2021 alone? That’s a huge number, which also means people don’t adhere to the on-road rules as expected. If you ever end up injured in an accident, you need to know whether you can sue the other at-fault driver, mainly because Florida is a no-fault state. In this post, we will learn more about the auto accident laws in the state.
Florida is a no-fault state
This essentially means you will have to file a claim with your insurer after an auto accident. Your insurance coverage pays for your medical bills, wage losses, and other damages, no matter what or who caused the accident. However, there are some circumstances when you can file a lawsuit against the other party. There are stated prerequisites for that, which include severe injuries like loss of bodily function, a permanent injury, and disfigurement. If someone was killed in a crash, the survivors of the deceased could sue the party at fault by filing a wrongful death claim.
Statute of limitations
When it comes to car accident lawsuits, there’s a time cap in Florida set by the statute of limitations. Compared to other states, where one gets one to three years to file a lawsuit, the deadline is four years in Florida. The count starts from the date of the cash. For wrongful death cases, the time limit is two years from the deceased’s death. The deadline may seem long but you have to work on the case right away to find crucial evidence.
An overview of comparative fault
Let’s say that you have a valid claim against the other driver but are also at fault. In such cases, the comparative fault rule will apply, and Florida is a pure comparative fault state. No matter what’s your share in the blame, you can still sue the other party (provided you have a claim). However, your fault share will be used to determine the final compensation. For example, if you are 80% at fault and received $1,000,000 in compensation, you can still recover $1,00,000.
Call a car accident lawyer
You may have difficulty negotiating your comparative fault claim with the insurance company, whether it’s a first-party or third-party claim. Get an attorney to deal with the other party and insurance companies. Attorneys know how to negotiate car accident settlements and are capable of using their resources to get justice for clients, which may also mean consulting other professionals.