Traffic accidents in Fort Lauderdale often cause unprecedented circumstances. If you were hurt in such a crash, it is imperative that you educate yourself about the state laws. One of the toughest tasks is to determine what damages you can recover and whether you can sue the driver liable for the mishap. Fortunately, consulting an accident attorney in the city doesn’t have to cost upfront, and most law firms in Fort Lauderdale will offer free assessments. A skilled lawyer can guide you better on the best steps to protect your claim. Here are some other things to know about laws in Florida.
Florida is a no-fault state
Unlike the majority of other states, Florida is a no-fault state. For the unversed, this means that drivers must turn to their insurance company to seek financial compensation for medical bills and other damages. All drivers in the state must have personal injury protection insurance (PIP). PIP insurance usually covers 80% of medical expenses related to the car crash, including surgical procedures. Seeking immediate treatment and care is essential, and you must inform the insurance company without delay.
Suing the at-fault driver
If you have sustained catastrophic injuries or are hurt to the extent that you cannot return to work, you may have the scope to file a direct civil lawsuit against the driver responsible for your situation. You can file a third-party claim with their insurer or can choose to file a case. PIP only covers medical bills and part of lost wages, but if you seek compensation from the at-fault party, you may also recover property damages along with non-economic damages.
The modified comparative fault rule
Your share of the blame in an accident is a critical factor for determining whether you can file a lawsuit against the other driver. If you are more than 50% liable for the accident, you cannot demand compensation from them, according to the modified comparative fault rule. Also, depending on the fault percentage, the court or the insurance company will adjust your settlement.
Get an attorney
Because Florida is a no-fault state and due to other complicated laws, recovering a settlement can be an uphill task. Talk to a proficient attorney at the earliest to make the most of the time after the crash to gather evidence and details. Your lawyer will also talk to witnesses and collect testimonies besides representing you at trial, if necessary.