Kibbey Wagner, PLLC | February 24, 2023 | Personal Injury
Personal injury claims in Florida can be complex legal matters, and navigating these situations is often daunting.
To make matters worse, many myths and misconceptions exist about Florida’s injury process and what victims can expect.
Myth 1: It’s Impossible to File a Car Accident Lawsuit in Miami
Although Florida is a no-fault state regarding car accidents, this doesn’t necessarily prevent drivers from filing lawsuits against negligent drivers who cause a wreck.
In most cases, car crash victims will pursue compensation directly through their personal injury protection (PIP) policy. Per Florida law, all motorists must have valid coverage of at least $10,000 to help cover any damages sustained after a crash.
However, in some cases, Florida statutes allow you to pursue a separate claim against the driver at fault. Whenever you suffer serious injuries, such as permanent disfigurement or disability, you can file a lawsuit and hold the negligent driver responsible.
Myth 2: Victims of Car Crashes Always Receive Large Payouts
It’s no secret that some personal injury claims result in significant financial settlements. However, not every case will involve big dollars.
Florida law is designed to ensure that victims receive the compensation they deserve. PIP and other insurance policies can help victims recover the costs of their injuries, but most won’t exceed baseline compensations.
Insurance companies will engage in a comprehensive review of the situation to determine the amount of coverage they’ll provide. In most cases, these figures are limited to your individual policy. While the minimum coverage in Florida is $10,000, some policies may cover two or three times that amount.
For additional compensation, a lawsuit may be the better option.
Myth 3: If I’m Partially Responsible for a Crash, I Won’t Receive a Settlement
Although a few states have strict laws that prevent car crash victims from recovering damages when they share blame for a crash, Florida does not follow this practice.
Florida is a no-fault state, and PIP insurance covers damages regardless of who caused the accident.
Florida allows anyone to file a personal injury claim, even if they were responsible for causing the accident. However, under the state’s contributory fault standards, compensation is reduced by whatever percentage of fault is determined. If you were 80% to blame for an accident, your payment would be reduced accordingly.
Myth 4: A Personal Injury Lawyer Is Expensive
Most insurance companies prefer to work directly with the victims to settle after an accident. In many cases, insurers attempt to avoid legal intervention by convincing victims that lawyers are expensive and unnecessary. Sadly, insurance adjusters usually try to settle for the least amount of money and offer unfair compensation.
Personal injury lawyers don’t generally charge any fees up front. In fact, most Palm Beach Gardens personal injury attorneys work on a contingency basis and take a fee only if they successfully recover damages.
Because personal injury lawyers are experts, they know how to approach car crash claims to help victims recover the maximum damages.
Myth 5: There Are Limits for Recovering Damages in Florida
A few states around the country set strict limits for damages victims can recover in a personal injury claim.
However, this is different in Florida. Under current laws, there are no caps on how much financial compensation you can recover after a personal injury (with an exception for punitive damages awards). You can even file a claim for future economic losses, such as those caused by permanent disabilities that stem from an accident.
When it comes to non-economic damages, such as pain and suffering or loss of enjoyment, many states also enforce strict caps on the amount of money someone can claim. In Florida, victims aren’t bound by non-economic caps and may file a claim in the amount they deem necessary.
Know the Truth About Personal Injury Settlements
Knowledge is power — don’t let myths and misconceptions keep you from pursuing the compensation you deserve after being injured. If you’ve been hurt in an accident, consider reaching out to an experienced Palm Beach Gardens personal injury lawyer for legal advice and assistance. Most attorneys in the area offer a free initial consultation as well.
Contact the Personal Injury Law Firm of Kibbey Wagner, PLLC in South Florida For Help Today
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner, PLLC, at your nearest location to schedule a free consultation today.
We proudly serve Martin County, St. Lucie County, Palm Beach County, and its surrounding areas:
Kibbey Wagner, PLLC – Stuart
73 SW Flagler Ave
Stuart, FL 34994
Kibbey Wagner, PLLC – Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 202
Port St Lucie, FL 34986
Kibbey Wagner, PLLC – Palm Beach Gardens
300 Avenue of the Champions Ste 220
Palm Beach Gardens, FL 33418