A car accident is never an easy situation to deal with. While you are likely focused on recovering from your injuries in the aftermath of an accident, you will still have to deal with the legal process of making sure you get compensation for the damages suffered. These damages come in many forms, including much more than just medical bills and lost wages — emotional, physical and financial disruptions compound to create an easily overwhelming situation.
The complex process of filing an injury claim in the wake of a car accident does not make the process any easier, either. Fortunately, you’re not alone. Tom Ueberschaer, as your experienced car accident attorney, will handle the legal aspects, allowing you to focus on recovery. Still, it is important to know what factors to consider that can affect the outcome of your case.
Legal Representation
Even if you view your case as relatively straightforward, it is always beneficial for your case to have professional legal representation. With a personal injury case, you will be going up against an insurance company, and their entire business model depends on them denying as much coverage as they can get away with. They will combat claimants by making excuses to invalidate their cases or try to trick people into settlements for far less than their claim is worth.
Insurance Coverage
The initial aspects of your car accident case are heavily dependent on the at-fault party’s insurance. Their limits typically dictate how much compensation you can get from them alone, and it may not be enough to cover all your damages. When you initially contact them, they will try to convince you to settle for less than your case is worth, so having Tom on your side can help prevent settling for less than what you deserve.
Limit of Liability
Policy limits are monetary maximums that insurers will pay out for certain events. For example, the liability coverage limit may be set at $50,000, which would not be enough to cover damages that total more than that. The at-fault party can still be pursued for what is left, but their insurance company will not have to pay anything greater than the policy limit.
Statute of Limitations
In Florida, there is a two-year statute of limitations for car accident claims for accidents occurring after 3/24/23, typically starting from the date of the accident itself. It’s important to note that after 2 years in Florida, you must file suit if the claim has not been settled.
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Ask Tom Today!The Severity of Your Injuries
The severity of your injuries directly influences the value of your overall car accident case since injuries are the primary source of monetary damages. Medical evaluation is an important aspect of building your case, and it can take quite some time to gather all the necessary medical records. This is especially true for injuries with long-term implications, as compensation would also need to consider future expenses.
Modified Comparative Negligence
Florida utilizes a modified comparative negligence rule in car accident cases. That means you can only receive compensation based on how much you were responsible for the accident. If you suffered $100,000 worth of damages and were deemed 10% responsible for the accident, you can receive no more than $90,000 worth of compensation. Florida’s modified version additionally dictates that you cannot recover any damages if you are more than 50% responsible for an accident.
Proving Negligence
To demonstrate negligence in Florida, which is necessary to recover compensation, you must show several aspects of the at-fault party’s actions. You must establish that they owed you a duty of care, that they violated this duty, that the violation led to the accident and that the accident caused the injuries you sustained. Evidence and witness testimony will be necessary to make your demonstration of the other driver’s negligence as convincing as possible.
Steps To Take After a Car Accident in Florida
Once you’ve called emergency services, if you can, you should strive to collect evidence like photos and identify witnesses. Make sure you also get all necessary medical attention, as the records from medical visits will be essential for your case.
Representation From Tom Ueberschaer, P.A.
Tom Ueberschaer, P.A. offers legal services that have been put to work for people throughout Pensacola and the Gulf Coast since 1996. We work on a contingency-based fee system and do not get paid unless we win your case. Contact us for a free consultation today!