Did you know that in Florida, there’s no law that you have to hire an attorney when seeking compensation for a car accident? While that’s true, we’re going to tell you something—you should hire one anyway.
If you’re the victim of a car accident, it is important that you get the compensation you deserve. Working with our Fort Lauderdale car accident lawyers at BK Law gives you the best possible chance for getting a positive outcome in your case.
Our lawyers are knowledgeable and skilled in taking on the insurance companies on behalf of injured clients. We have a successful record of winning significant financial awards because we know personal injury law inside and out, and we don’t rest until we’ve done everything we can for our clients.
Call our personal injury lawyers in Fort Lauderdale for a free case evaluation. We’ll spend time with you to discuss your accident and go over some of the options that may be available to you. We’ll also offer some initial advice and recommendations on possible next steps.
We know this is an incredibly painful time for you. The devastation of being in a car accident takes its toll both physically and emotionally. And, of course, the bills don’t stop coming just because you’re injured. We can help.
Read on to learn what to do and not do after a car accident, how long you have to file a lawsuit, and when to get an attorney for a car accident in Fort Lauderdale.
Table of Contents
- Do You Have to File an Insurance Claim in Fort Lauderdale?
- Do You Have to File a Personal Injury Lawsuit in Fort Lauderdale?
- How a Lawyer Can Help After a Car Accident in Fort Lauderdale
- What Happens When an Accident Wasn’t Your Fault in Florida?
- Steps to Take After a Car Accident in Fort Lauderdale
- What Not to Do After a Car Accident in Fort Lauderdale
- What is the Statute of Limitations in Florida?
- When to Call a Lawyer in Fort Lauderdale?
- What to Provide Your Lawyer in Fort Lauderdale
- What Damages Can an Attorney Help Me Get For My Car Accident?
- How BK Law Can Help After a Car Accident in Fort Lauderdale
Do You Have to File an Insurance Claim in Fort Lauderdale?
If you want to receive compensation from your insurance company for your injuries, you must file a claim. Many insurance companies have rules regarding notifying them of accidents and filing your claim, so be sure to carefully review your insurance policy. In Florida, you are required to report any motor accident where someone has been injured or killed, or where property damage is over $500. You have 10 days from the date of the accident to report it. Filing an insurance claim is the first step to recovering damages for your injuries. You file your claim directly with the insurance company. The court is not involved at this stage and has nothing to do with the filing and settling of an insurance claim. This is considered a settlement out of court. This doesn’t mean, however, that you don’t need an attorney during this process. You most definitely should have a car accident lawyer in your corner to protect your interests, negotiate with the insurance companies, and maximize your settlement offer.
Do You Have to File a Personal Injury Lawsuit in Fort Lauderdale?
No. As a no-fault state, Florida requires all drivers to carry personal injury protection (PIP) insurance that they can use to cover injuries in the event of an accident. There’s no need to file a lawsuit for that compensation. However, if the insurance company refuses to settle fairly or denies your claim, you can file a lawsuit against them to recover your damages. In addition, if your losses exceed your PIP coverage or are especially severe, you can seek compensation from the other driver’s insurance company and file a lawsuit if there’s a dispute. Florida limits the amount of time you have to bring a lawsuit to four years from the date of the accident. We know—it sounds like you have a long time. But you’d be surprised at how quickly that time flies. Don’t wait to get started when there’s so much at stake.
How a Lawyer Can Help After a Car Accident in Fort Lauderdale
Car accident lawyers take care of pretty much everything when it comes to handling your car accident case. Just a few of our many services include:
- Listening to your side of the story. We’ll meet with you to discuss the accident and get details directly from you. The more you tell us, the more information we have to build your case.
- Independently investigating the accident. We don’t just go by external reports, we dig into the accident ourselves. We’ll review all the evidence, including crash reports and witness statements, surveillance footage, vehicle damage, and hospital records.
- Consulting with leading Florida experts. We’ll work with experts, including accident reconstructionists, medical professionals, and automotive experts.
- Strategizing with you. Client communication is important to us. We’ll make sure you’re informed and involved in all major decisions.
- Negotiating with insurance companies to get you the highest possible settlement offer. We know how to stand tough when it comes to dealing with insurance companies who think they can get away with lowball offers.
What Happens When an Accident Wasn’t Your Fault in Florida?
Florida is a no-fault state, which means fault doesn’t matter and you’re required to turn to your own insurance regardless of who caused the accident. However, as noted above, if your injuries exceed your PIP coverage or if your injuries are especially serious, you can seek damages from the other driver’s insurance company. In such a situation, fault may come into play to determine the proper allocation of damages under the comparative fault theory, which bases compensation on percentage of fault.
Steps to Take After a Car Accident in Fort Lauderdale
Here are some steps to take after an accident to ensure that things go smoothly when you file your case:
- Stay near the accident site in a safe area
- Call 911
- Assist others who may need immediate assistance
- Exchange contact and insurance info with other drivers
- Exchange contact info with witnesses
- Notify your insurance carrier
- Capture details about the accident site and take pictures
- Note vehicle damage, injuries, weather, and road conditions
- Make sure to get medical attention
- Hire a personal injury lawyer
What Not to Do After a Car Accident in Fort Lauderdale
The period after a car incident is difficult both logistically and physically, especially if you’ve suffered any long-term injuries as a result of the accident. It’s important, however, to keep in mind the things you should avoid doing if you want to have the best chance at success in your car accident case.
Do Not Leave the Scene
Florida law makes it a crime to leave the scene of a car accident without first meeting statutory duties such as exchanging insurance information or contacting law enforcement. If you leave, you could be charged with a misdemeanor or even a felony depending on the nature of the accident.Do Not Lie to the Police
While you may not want to admit fault or take on blame, you should always be honest with the police and answer questions truthfully. Failure to do so could result in a criminal charge. If the police note in the accident report that you were evasive or uncooperative, this may give the insurance companies’ ammunition to minimize or deny your claim.Do Not Admit Liability
Don’t admit liability. Just stick to the facts of what happened without acknowledging issues of blame.Do Not Post on Social Media
Avoid talking about your accident on social media. Insurance companies know how to look for things like this in seeking ways to avoid paying out your claim. What may feel like a harmless post to you can contain plenty of material for experienced insurance investigators who know how to manipulate your words or draw conclusions from what you post.
To learn more, schedule a free consultation with us today.
What is the Statute of Limitations in Florida?
The Statute of Limitations refers to the time that you have in which to bring a lawsuit. In Florida, for personal injury suits such as car accidents, you have up to four years from the date of the accident to make your claim.
When to Call a Lawyer in Fort Lauderdale?
You’re technically not legally obligated to call a lawyer for your Fort Lauderdale car accident, but it is highly recommended you do so, especially if:
- You have suffered a long-term mental or physical illness that was directly caused by the accident
- Your medical bills have exceeded the amount that your PIP will cover
- The other driver has tried to change their name or hide their identity in an attempt to avoid any court cases
- If you need help finding financial aid or awards to cover excess costs if the settlement was lower than you would have liked
- If you need to bring your case to court and want a lawyer to help you present your case to the jury
- If you are not at fault and you want help proving negligence in court
- If your insurance company denies your claim then you will need an attorney to represent you when you file a claim
What to Provide Your Lawyer in Fort Lauderdale
There are a number of things you should provide to your lawyer when you meet to discuss your case, including:
- The other driver’s personal information, including their vehicle registration number
- Any photo or video evidence
- Copy of the police report
- Medical records
- Receipts
- Witness statements
- Insurance policy
- Any tickets or citations received
What Damages Can an Attorney Help Me Get For My Car Accident?
There are two key categories of damages in car accident cases. These are called economic damages and non-economic damages.
Economic Damages
Economic damages, also called “special damages,” are for losses that are easier to calculate financially because they usually leave a paper trail and come with receipts. These could include:- Lost income
- Medical bills
- In-home care
- Rehabilitation
- Medical devices
- Future earnings
- Ongoing medical care
Non-Economic Damages
Non-economic damages, also called “general damages,” pertain to losses that are more personal in nature and not as easy to measure in monetary terms. They could include:- Emotional distress
- Pain and suffering
- Reduced quality of life
- Loss of consortium
- Scarring
- Amputations
- Cognitive impairment
- PTSD
How BK Law Can Help After a Car Accident in Fort Lauderdale
At BK Law, we work tirelessly for our clients and take pride in going above and beyond to deliver. When you hire our personal injury law firm, you’re getting award-winning lawyers and top-notch legal representation. You’re dealing with a lot right now, and we understand the stress and strain you’re under as a result of the accident. We’re here to help relieve some of that burden. Let us deal with the law so you can focus on your recovery. It’s the best thing for you and your family. Don’t hesitate. Give us a call today at our Fort Lauderdale law offices to arrange a consultation. Remember—your first consultation is absolutely free and you don’t pay anything unless we win.
Personal Injury Practice Areas
Car Accident
Truck Accident
Uber Accident
Scooter Accident
Bicycle Accident
Boating Accident
Medical Malpractice
Wrongful Death
Slip and Fall
Construction Accident
Jet Ski Accident
Workers Compensation
Catastrophic Injury
Pedestrian Accident
Pool Accident
Premises Liability
Bus Accident
Motorcycle Accident
Dog Bite Accident