What are Your Rights After a Florida Car Accident?

Knowing your rights after a Florida car accident helps you make informed decisions and safeguard your ability to recover full compensation.

Summary

• Florida car accident victims have certain legal rights such as the right to pursue compensation if they were injured by a negligent party.
• After a Florida car accident, victims are also within their rights to contact the police, take pictures, talk to witnesses, and avoid making statements that could undermine their own claim.
• Florida law allows car accident victims to seek legal representation to argue their claims and stand up for their rights.

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In the chaos of a car accident, it can be easy to make mistakes that hurt your ability to pursue fair compensation later on. Until you speak with a Florida car accident lawyer, it’s a good idea to exercise caution when dealing with insurance companies, law enforcement, and anyone who was involved in the crash.

Remember, you have several essential rights after a Florida car accident. It’s crucial to be aware of these rights to protect your interests and ensure you get the money you deserve for your injuries and damages. 

The team of car accident attorneys with Jones Law Group is ready to work to help you obtain maximum compensation for your suffering. Contact us online or call (727) 571-1333 for a free consultation.

The Right to Compensation

If you’ve suffered an injury in a car accident in Florida due to someone else’s negligence or fault, you have the right to seek compensation for your losses. This compensation can cover various damages or financial losses. These include the following:

Medical Expenses

You have the right to compensation for the cost of medical treatment. This includes hospital bills, surgeries, doctor’s visits, prescription medications, rehabilitation, and ongoing care related to your injuries resulting from the accident.

Property Damage

If your vehicle or other personal property was damaged in the accident, you can seek compensation for the cost of repairs or replacement.

Lost Wages

If your injuries prevent you from working or result in a loss of income, you have the right to seek money for the wages you would have earned while recovering. This can include both current and future lost wages.

Pain and Suffering

You also have the right to seek compensation for the physical pain, emotional distress, and suffering from the accident and your injuries. This includes immediate and long-term consequences, such as chronic pain or disability.

Other Related Damages

Depending on the circumstances of the accident, you may be entitled to additional damages such as loss of enjoyment of life, loss of consortium, and possibly punitive damages if the at-fault party’s actions were particularly egregious.

It’s important to note that Florida follows a no-fault insurance system. “No-fault” means that regardless of who caused the accident, your insurance policy’s Personal Injury Protection (PIP) coverage typically covers your initial medical expenses and lost wages. 

However, suppose your injuries meet certain thresholds defined by Florida law (such as significant or permanent injuries). In that case, you may be eligible to pursue a personal injury claim against the at-fault party. You could seek additional compensation beyond what your insurance covers.

The Right to Remain Silent

It’s crucial to be cautious about what you say to the other parties involved, witnesses, or insurance representatives. Avoid admitting fault or providing statements that may be used against you later.

It’s best to stick to the facts and avoid speculating or making any statements that could be interpreted as an admission of guilt. 

Insurers will devalue your claim by using anything you say at the accident scene or in the immediate aftermath. Please speak with an auto accident attorney before providing any statements to insurance companies.

The Right to Contact the Police

If you are involved in a crash, Florida traffic law dictates you must contact the police after a car accident resulting in a death, injury, or property damage that appears to be at least $500.

Calling the police allows them to document the accident, gather information from both parties and create an official accident report. 

This report can be valuable when filing an insurance claim or pursuing legal action. It provides an unbiased account of the accident, documents essential details, and can serve as crucial evidence in determining and disputing fault.

The Right to Take Photos

You have the right to take photos of the accident scene and any relevant evidence for a car accident claim. These photos can support your insurance claim or personal injury case. When taking photos, remember to capture the following:

• The vehicles involved: Take photos of all vehicles involved in the accident, capturing the positions, angles, and impact points.
• Visible injuries: If you or anyone else involved in the accident has visible injuries, such as bruises, cuts, or swelling, document them with clear and detailed photographs.
• Property damage: Take pictures of the damage to your vehicle, as well as any other property damaged in the accident, such as fences, guardrails, or road signs.
• Skid marks: If skid marks are on the road, photograph them as well. Fresh skid marks could indicate the at-fault driver was speeding. They created the marks when they slammed on their brakes.

Try to take multiple photos from different angles and perspectives if you can. This can help create a comprehensive record of the accident scene, ensuring you capture all critical details.

The Right to Speak with Witnesses

If there were witnesses to the accident, you can speak with them and gather their contact information. Eyewitness testimony can be influential in determining fault and establishing the sequence of events leading up to the accident. 

When speaking with witnesses, be polite and respectful. Ask for their names, phone numbers, and any other relevant details they can provide. This information can support your version of events and strengthen your insurance claim or personal injury case.

The Right to Seek Medical Attention

It’s essential to prioritize your health and well-being following a car accident. You have the right to seek immediate medical attention after an accident, even if you initially feel fine or have minor injuries. 

Some common car accident injuries like concussions or whiplash may not be immediately apparent but can worsen over time. By seeking medical attention promptly, a healthcare professional can evaluate your condition, document your injuries, and provide the necessary treatment.

Prompt medical attention also creates a record linking your injuries to the accident, which can be necessary for insurance claims or legal proceedings. It’s also important to follow your doctor’s advice and attend all recommended medical appointments to ensure they can adequately address and document your injuries.

The Right to Hire a Car Accident Lawyer

After a Florida car accident, you can hire an attorney to advocate for your rights and negotiate your settlement. You can do this at any point following the auto accident.

For example, if you didn’t hire a personal injury lawyer when you filed a claim against the at-fault driver’s insurance, that does not preclude you from seeking legal support if you decide to take your case to trial.

Don’t be deterred from exercising this right because you are worried about what an attorney will cost you. In order to make legal help realistically available to the average person, car accident lawyers don’t ask for any payment up front. 

Instead, their fee is dependent upon the settlement they negotiate for you, and it comes directly out of this pool of compensation. If your Florida car accident lawyer is unsuccessful in negotiating a settlement for your damages, then you do not owe them anything for their services.

Contact Jones Law Group to Speak About Your Rights After a Florida Car Accident

An experienced attorney can guide you through the legal process, help gather evidence, negotiate with insurance companies, and, if necessary, represent you in court.

Jones Law Group will provide personalized advice based on your circumstances and advocate for your best interests. We’ll also make sure you’re aware of your rights after a Florida car accident and help guide you whenever needed.

We’ll make sure you understand your rights and fight to help you obtain fair compensation. You can call (727) 571-1333 or use our online contact form for a free consultation.

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Frequently Asked Questions

Do I have to hire a Florida car accident attorney to protect my rights after a crash?

No, Florida law does not require car accident victims to have an attorney represent them. Acting as your own lawyer is called pro se representation, and Florida law protects your right to do so in civil cases in federal court. 

However, you should definitely consider consulting a car accident attorney, especially if you have to take a personal injury lawsuit to court to reach a settlement. Statistics show that accident victims have better odds of recovering fair compensation when they have professional legal help.

When does my right to file a car accident lawsuit expire in Florida?

Although seriously injured car accident victims can seek compensation through the at-fault driver’s insurance company after they exceed the limits of their PIP coverage, those rights have an expiration date under Florida law.

Following the accident, a Florida plaintiff has two years to file a car accident lawsuit. A Florida judge may make an exception to the deadline if the plaintiff was unaware of their injuries at first.

However, you should not count on the courts to be flexible. Instead, make it a priority to file your claim with the help of a Florida auto accident attorney.

Do I have the right to appeal the outcome of my Florida car accident lawsuit?

There are certain circumstances under which a car accident victim can appeal their claim decision, however this is a high bar. Generally, you must prove that there was legal misconduct, an error in the court’s judgment, insufficient evidence, or new evidence that would impact the outcome of your case.