If you are injured as a passenger in a Florida car crash, you need to understand how the law applies in our state so that you know how to proceed with a claim. We’ll explain what you need to do and how a personal injury attorney may be able to help.
Passenger Injury Claims in Florida
When a driver is injured, liability may be an issue. However, passengers are not usually liable for car accidents, which makes your case easier to file.
If you have suffered a serious injury due to negligence, a skilled Florida personal injury attorney can help you determine what your options are to receive compensation and who you should try to hold accountable.
If you were a passenger in a one-car accident where the driver hit an object, in almost all cases the driver will be liable for your injuries.
If you were a passenger in a two-car accident, one or both drivers may be found liable for your injuries.
Additionally, some accidents involve faulty vehicle parts. If this is the case in your accident, you may be able to file a claim against the vehicle or parts manufacturer.
Remember, you can only file a lawsuit if negligence is involved in an accident. This means someone had a duty to you but failed to carry out their duty, which caused your injuries and resulted in financial costs to you.
Situations in which you may not be able to file a claim would be a single-car collision with a deer that jumped out in front of the vehicle, or injuries that did not require medical treatment, such as bruises or scrapes.
How to File a Florida Passenger Injury Claim
You will need to collect insurance information from all of the drivers involved in the accident, unless one of the drivers was hit from behind and could not have reasonably caused the accident. Even then, getting the information is better than not getting it.
Since Florida is governed by Personal Injury Protection laws, your own insurance plan must cover up to $10,000 in medical costs before you can file for damages. You will need to keep careful documentation of your medical treatments before you file a claim with the driver’s insurance company.
The insurance company will process your claim and determine who is at fault through an investigation. If the driver is determined to be at fault for your injuries, you can expect to receive payment from his or her insurance company.
The compensation will be for medical expenses, lost time from work, and pain and suffering based on certain limits. If you believe you are entitled to more compensation than the insurance company is willing to offer, you may need the help of a Florida car accident attorney.
Get Help from a Qualified Passenger Injury Attorney
Personal injury cases can get complicated, especially if more than one driver or passenger is involved. That’s why you need a skilled personal injury lawyer to help you through the process.
We will fight to get you the best possible compensation from the parties who are responsible. Call today for a free case review. We’ll look at all the facts of your case and let you know what options are available in your situation.
About the Author:
Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.
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