Key Biscayne, FL Car Accident Lawyer
If you or a loved one was injured in a car accident in Key Biscayne, you may be dealing with medical bills, struggling with insurance paperwork, and wondering how to support your family if you are too injured to work. After a car accident, you should consider taking your case to a car accident attorney.
Insurance may be able to provide for some injuries, but filing a lawsuit for your car accident injuries may entitle you to higher compensation and help cover all of your needs. Call the Law Offices of Prosper Shaked today to speak with Key Biscayne car accident lawyer Prosper Shaked. A free consultation can help you understand whether you should take your case to court instead of accepting an insurance settlement. For your free consultation, call our law offices today at (305) 694-2676.
Can You Sue for a Car Crash in Key Biscayne with No-Fault Insurance?
Florida is a “no-fault” auto insurance state. This means that every Florida car insurance policy must cover the policyholder up to a certain level regardless of who caused the accident. That means that the driver that caused the crash should still have coverage up to their policy’s limit even though they caused the crash. It also means that the victim of a car crash can recover from their own policy without needing to prove the other driver was at fault. This system is in contrast to a fault-based system where the at-fault driver’s insurance pays – but only after it is decided that their driver is at fault.
This sounds like no-fault coverage would cover most car accident scenarios, but Florida law only requires drivers to carry $10,000 in no-fault coverage. This coverage, also known as personal injury protection (PIP) coverage can be increased if you are willing to pay more, but many drivers only carry this minimum amount. That means that if your medical bills are worth more than $10,000, your policy does not have enough money to pay for your injuries. Instead, you will need to file a claim with the other driver’s insurance or take them to court.
Under a no-fault insurance system, you must use your insurance first, but you can go after the at-fault driver’s insurance after meeting certain requirements. First is the situation described above, i.e. if your injuries are worth more than $10,000. No matter what your policy can cover, you are allowed to take the at-fault driver to court if your injuries are worth more than $10,000 in medical expenses and other damages. Alternatively, if your injuries are “permanent,” even if they are worth less than $10,000, you can also go to court.
Suing for Car Accident Injuries in Key Biscayne, FL
When you use your no-fault insurance, you may get compensation without needing to prove the other driver was at fault. However, the compensation you get may be capped at the $10,000 and may require you to pay a deductible. On top of that, some insurance policies have strict rules that they will only pay a certain percentage of the damages for medical expenses or lost wages. In some cases, this is not enough compensation to fully cover your needs, and you must take your case to court.
In a car accident lawsuit, Florida law allows you to collect compensation for any financial harms you suffered because of the motor vehicle accident. This includes damages for your medical expenses, any wages you miss during your recovery, and direct compensation for the pain and suffering your injuries caused. In addition, you may be entitled to “punitive damages” if the other driver violated serious laws or caused excessive or intentional harms.
To prove your car accident case, you must show a few factors. First, you must identify some duty that the other driver owed you. This is usually the duty to drive carefully, as a reasonable driver would. Alternatively, the duty may include following traffic laws. Second, you must prove that the at-fault driver breached that duty. Running a red light, driving over the speed limit, or driving in a generally dangerous manner should all qualify as a breach. Third, you must prove that this breach of duty caused your injuries. Lastly, you must show that you suffered injuries which the court can compensate by ordering the other driver to pay damages.
To take your case to court, you may have strict deadlines to follow. It is important to talk to an attorney as early as you can so they can help guide you through the process of negotiating with the at-fault driver and their insurance company, and so they can file your case on time.
Key Biscayne Car Accident Lawyer Offering Free Consultations
If you were injured in a car crash, you could be entitled to compensation that can pay for your medical expenses, lost wages, and pain and suffering. If you lost a loved one in a car crash in Key Biscayne, FL, you may be entitled to additional damages for your loss. For a free consultation on your case, contact the Key Biscayne car accident attorneys at The Law Offices of Prosper Shaked today. Our number is (305) 694-2676.