Tampa Car Accident Lawyer

How Do I file a car accident claim in Tampa?

Florida is a no-fault state, so no matter who caused the crash, you will first file a claim under the personal injury protection insurance (PIP) of your own insurance policy. PIP coverage is mandatory in Florida and provides a maximum of $10,000 in coverage per person, per accident. This insurance takes care of your initial medical costs and a portion of your lost wages.

Once your PIP coverage is exhausted, you may have other options for covering your damages. Learning about these options early on is critical, especially if you sustained significant injuries in a collision.

Want to know more? Contact our law firm 24/7 to request a free consultation. This meeting is completely free, and you do not have to come to our office.

Can I Recover Damages From the Other Driver’s Insurance?

Possibly, but Florida’s no-fault insurance system is unique. To be eligible to sue the other driver for damages, you must have either exhausted your PIP insurance or suffered a severe injury or permanent disability of some kind.

Injuries that may qualify you include, but are not limited to:

• Broken bones
• Loss of a body part, such as an amputated limb
• Severe or permanent damage to internal organs
• Significant scarring or disfigurement
• Miscarriage; loss of a pregnancy
• Death

The bottom line? You should discuss your situation with an experienced car accident lawyer as soon as your injuries are stabilized. Even the best attorney needs adequate time to gather evidence, build a strong case and negotiate for the compensation you need. 

What If I am partially to blame for my car crash in tampa?

Florida follows a pure comparative fault rule, so you may still have a compensation claim, even if you contributed to the crash in some way. Any compensation awarded, however, will be reduced by your percentage of fault.

An example of how this would play out is if you are assessed with 20 percent of the fault for your crash.  If you are awarded $100,000 in compensation, that amount would be reduced by 20 percent, making your total award $80,000.

That brings to mind another benefit of working with an attorney. Insurers often look for ways to shift fault from their policyholders onto the victims. If you have legal counsel and that situation arises, your attorney will work to make sure you are not unfairly assessed with more than your share of fault.

Are there deadlines for filing a car crash lawsuit in florida?

Florida, like most states, has a statute of limitations for filing a lawsuit. If you miss this deadline, you will likely be barred from any opportunity to recover compensation from the other party. The deadline in Florida is two years from the date of your crash.

When you work with our Tampa car accident attorneys, we guide you throughout the legal process. We make sure you avoid missing critical deadlines or making mistakes that could hurt your claim. In short, we do everything possible to ensure that all of your needs are met throughout this difficult time in your life. From day one until the final resolution of your case, we will be there every step of the way. 

What Types of Evidence May Help to support a claim?

An attorney can help to gather available evidence to bolster your claim. Evidence takes many forms and may include the following:

• Police Report: Documented by first responders, the details in this report are considered solid by insurance companies since the officers have no vested interest in the outcome of your crash.
• Witness Statements: Your attorney will vet any witnesses who claim to have seen the incident to determine whether they are credible.
• Consult With Experts: For more challenging cases, such as a “he said, she said” situation, an attorney may decide to consult with an expert. This strategy is more common in complex cases.
• Crash Scene Photos: Pictures of the crash scene and vehicle damage may provide key about a crash.
• Medical Records: We highly recommend you seek medical treatment right after a crash. Your examination, diagnostics and any treatment provided are documented in your medical records.

What Kind of compensation Can i seek after a car crash?

If you have exhausted your PIP coverage and are eligible to file a lawsuit against the at-fault party, you may be eligible for various types of compensation, including:

Economic Damages

• Medical Expenses: Surgery, physical therapy and similar expenses are costs that fall under medical expenses.
• Medical Devices: Compensation may cover things like wheelchairs, prosthetics and more.
• Loss of Earning Capacity: If your injuries result in a lower-paying job change.
• Loss of Income: Wages lost because you could not work after the accident.

If you are injured in a car accident, be careful when dealing with insurance companies. They are notorious for going to extreme measures to verify the consistency of your behavior with your reported injuries. Never exaggerate your injuries or prematurely push yourself before completely healing.

Non-Economic Damages

When determining non-economic damages, there is often no tangible trail of evidence to support your claim. However, your attorney can guide you on the proper way to document these things. Keeping a daily journal of how your injuries are keeping you from enjoying activities you used to do, for instance, is powerful evidence of the impact a crash has had on your daily life.

Non-economic damages may include:

• Reduced Enjoyment of Life: Some injuries may prevent you from doing things you used to love.
• Psychological Effects: Mental anguish from permanent injuries or scars.
• Loss of Consortium: An example is the potential impact on your relationship with your spouse.
• Pain and Suffering: Compensation for physical pain, anxiety, depression and post-traumatic stress disorder (PTSD) may be provided for.

It takes a knowledgeable attorney to place an accurate value on pain and suffering. Insurance companies will likely try to devalue or even deny many valid damages. Your attorney will fight to include all valid damages so you are not stuck with paying for these costs out of pocket.

What Should I Do First After a Tampa Car Accident?

In the first moments after a crash, you may be in shock. You may feel confused or unsure what to do first. Here are some tried and true tips to familiarize yourself with and remember if you are ever involved in a crash:

• Stay Calm: First and foremost, it is important to take a deep breath and do your best not to remain calm. Check yourself for injuries, along with anyone else you can easily see.
• Call 911: Getting help to the scene right away can make a significant difference to all involved and if you are injured, it also helps to ensure you get medical help more quickly.
• Check Your Situation: Are you near passing traffic? If so, see if your vehicle is drivable and carefully move your vehicle further to the side of the road and away from traffic. Do not exit your vehicle unless it is safe to do so.
• Gather Information: If possible, collect the contact details of the other driver, along with his or her insurance information. You should also check to see if there are any witnesses.
• Speak to Responding Officers: Police that come to the scene will take statements from all drivers involved. Stick to the facts and be truthful, but do not ramble on or give unnecessary details. You should also not apologize or admit fault. You are still in a state of shock and may not have seen everything that happened. Let crash scene investigators determine fault.
• Seek Medical Attention: Protecting your health is your top priority. Seeking medical attention right after the crash helps you get the treatment you need sooner, especially if you sustained internal injuries.
• Call for Legal Help: Seeking legal help sooner than later is wise. An attorney can tell you if you may have case and begin working to protect your legal interests right away. Having an attorney working to manage your case also allows you to fully focus on your health and healing.