Tampa Car Accident Attorneys

With the help of a car accident attorney, the full benefits available under your PIP policy can be used to partially compensate your financial losses due to a car accident, such as medical bills, property damage and lost wages. However, oftentimes insurance isn’t enough to fully compensate you for your damages in the event of a serious and catastrophic accident.

A driver may also be able to file a lawsuit against a third-party, not including the other driver, if the third-party contributed to the accident. For instance, if a defective car part was a factor in the collision, the plaintiff may choose to sue the manufacturer. Other occasions when third-party lawsuits occur is when an employee of a government agency is responsible for a wreck or when dangerous road conditions contribute to a serious crash. In such cases, an individual may be able to seek compensation from the at-fault party.

After determining liability, our Tampa car accident attorneys can calculate how much your case is worth. A number of factors are taken into account when estimating the value of your case, including:

Car accidents are completely unexpected, which means you probably feel like your life is turned upside down when tragedy hits you. However, during this crisis, it is important to remember the necessary steps you need to take in the minutes, days and months after a crash. Safeguard your legal rights by following these post-accident tips:

• Dial 911.

  Your number one priority following a car wreck is the safety of you and your passengers. Call the police if someone hasn’t done so already, and find out if anyone involved in the collision – including the other driver – is injured and needs an ambulance. When the police arrive, be cooperative and ask them for a copy of the police report to keep for your records.

• Seek medical attention.

  Even if you feel fine after an accident, you should always seek medical care from your doctor, an urgent care clinic or a nearby hospital to ensure you aren’t injured. People often experience an adrenaline rush in the moments following a collision which can conceal pain that crops up later, such as whiplash injuries.

• Gather information.

  While still at the scene of the accident, try to collect as much information as possible – including eyewitness accounts and contact info, photos of the accident scene, the name and insurance information of the other driver (name of insurer and policy number), the other vehicle’s license plate number, vehicle parts that broke off, etc. In the coming months, be sure to keep all documents and receipts pertaining to the accident or your medical treatment from the crash.

• Notify your insurer.

  Inform your insurance company about the accident. They will likely ask you some questions and assign you an adjuster to handle your claim. Don’t sign anything or agree to a recorded statement until you’ve first spoken with an injury attorney.

• Never admit fault.

  At no point should you admit liability to bystanders, police, the other driver or insurance agents. Such an admission of guilt could hurt your future car accident claim. It’s best to leave all correspondence to your attorney.

• Consult a car accident lawyer.

  In addition to looking out for your legal rights, a skilled personal injury attorney with the right background and experience in car crash cases can expertly navigate you through the complex and tedious legal process of filing an injury lawsuit in Florida.

Here in Florida, survivors of car crashes or family members of individuals killed in a fatal accident have a limited amount of time to file a civil claim for personal injury damages. This strict legal deadline is referred to as the “statute of limitations.”

Generally speaking, you must file your lawsuit to pursue compensation from the at-fault driver or party before this deadline or else your claim will be forever barred. There are only a few rare exceptions to the statute of limitations.

Two years might sound like a long time, but conducting negotiations and filing the necessary legal paperwork can be time-intensive. The sooner you contact us, the sooner we can start preparing your claim and secure your benefits.

Florida’s accident reporting requirements (Florida Statute 316.065) essentially say that you must report an accident to the local police, sheriff or highway patrol if:

Even if you’re partially to blame for the crash that caused you physical, emotional and/or financial harm, you may still be eligible for damage compensation. This is because Florida follows a modified comparative fault system. Under this rule, your damages would be reduced based on the percentage or degree of liability assigned to you, but you are still eligible for some compensation as long as you’re not more than 50% at fault.

For example, let’s say the police report says you were 25 percent at fault for the accident, and the other driver was 75 percent liable. In this case, you could still pursue compensation from the other driver, but your final award amount would be reduced by 25 percent to account for your own liability. If you were seeking $100,000 in damages, then this would mean you would be eligible for $75,000.

If you and the other driver are insured, and there is only minimal property damage, then you may be able to work it out without hiring attorneys. In such cases, the cost of the damage should be covered under your PIP insurance policy.

But if your accident involved moderate to serious injury and/or extensive property damage, or if the insurance company denied your claim or is “low-balling” you, then we strongly encourage you to at least talk to a qualified attorney. Even if your injury seems minor and “not a big deal,” we urge you to see a doctor and meet with our lawyers to explore your options and ensure that you aren’t getting short-changed by the insurance company or at-fault driver. We can’t tell you how many times we’ve talked to folks who thought they only had a minor injury—like a headache or neck stiffness—only to find out later that the injury was severe and long-term. The longer you wait, the harder it will be to obtain compensation. For instance, if you don’t seek medical attention until more than 14 days after the accident, PIP insurance may not cover the cost of your care.

Auto insurance is required by law in Florida. Unfortunately, many people break this rule and fail to carry insurance while driving. It is estimated by the Insurance Research Council that more than 1 in 5 Florida drivers are uninsured.

If you were hit by someone who doesn’t have auto insurance, then your best bet may be to turn to your own insurance for compensation for medical bills, lost wages and property damage. PIP coverage is a no-fault policy, which means that you should be covered under this policy regardless of who was at fault. Florida drivers can also opt into uninsured/underinsured motorist (UM/UIM) coverage to provide additional compensation in the event you are in an accident with an uninsured driver.

If your accident was so serious that you have exhausted all insurance remedies, then you may be able to sue the uninsured driver to recover the rest of your damages. Our Tampa car accident lawyers can help you explore this option.

When you reach out to our Tampa attorneys, we’ll schedule a free initial consultation to evaluate your case and explain your options. In order to better assist you, we’ll ask you to bring the following forms and documents with you to the consultation:

Sure, it’s possible that your car accident case will proceed to court if negotiations break down or you aren’t happy with the settlement offer. However, a vast majority of injury cases are settled out of court. This is because insurance companies typically prefer to avoid the cost, time and bad publicity of going to court. If your attorney is known as being an aggressive and successful trial attorney, then insurers may be particularly inclined to settle before trial.

Based on data from the U.S. Department of Justice, only 4-5 percent of personal injury cases go to trial. So there’s a 95-96 percent chance that your case will be settled pre-trial.

We can’t speak for other law firms, but here at Lorenzo & Lorenzo your initial consultation is 100 percent free—no commitment, no cost. What’s more, we work on a contingency fee basis in most cases, which means that we’ll recoup the cost of our representation from your final award. If we aren’t successful in winning your case, then you don’t owe us a penny. It’s that simple.