It's not a common occurrence to be victimized in a major auto accident. You or someone you love could have to pay for medical expenses and lost wages while you heal from the serious injuries that resulted from the crash. You might think that insurance companies will take care of the expenses for the incident, but it's not always the scenario. In such a scenario it's easy to be frustrated and it's only natural to be concerned about your rights as a victim.
If you'd like to know more about your rights under the law and options following a collision Contact our experienced Gainesville lawyer for car accidents for a discussion about your case now.
What Are Your Rights Under Florida Law?
If your losses are significant and extensive, it's likely that the insurance settlement you receive is enough. It is good to know that Florida legislation permits you to seek compensation from the courts if your accident was caused by the negligence of someone else. A few examples of negligence that could cause a car crash include:
- Auto Accidents
- Bicycle Accidents
- Burn Injury
- Bus Accidents
- Catastrophic Injury
- Dangerous Road Accidents
- Distracted Driving Accidents
- Drunk Driving Accidents
- Broken Bones & Fractures
- Head-On Collision
- Hit & Run
- Internal Injury
- Motorcycle Accidents
- Pedestrian Accidents
- Rear-End Collision
- Rideshare Accidents
- Rollover Crash
- Scooter Accidents
- Spinal Cord Injury
- Taxi Accidents
- Tractor-Trailer Accidents
- Traumatic Brain Injury
- Truck Accidents
- Uninsured Driver Accidents
- Wrongful Death
There are numerous other errors that can cause a crash and your attorney for car accidents can assist you in determining whether negligence was a factor in your crash. If it was, you may demand compensation from the party responsible for the losses you suffered, such as medical bills, income loss or income, pain and emotional distress as well as loss of enjoyment from life, and much more.
Hiring an Attorney to Negotiate With Gainesville Insurance Companies
If you file the insurance company with a claim, you might be shocked when you get a rejection or an insufficient settlement offer. In reality, insurance companies care with their profit margins just like other company, and adjusters are typically trained to minimize liability whenever feasible. This is why it is advisable to seek the advice of an experienced lawyer when negotiating with insurance firms.
An experienced lawyer can help you write an appealing demand letter and gather evidence to back your claim. Our team will carefully examine any settlement proposals to make sure they're fair before you agree to the offer. If you accept a settlement offer, you forfeit your right to seek any additional compensation you may be entitled to for your injuries. Therefore, it is essential to confirm that the settlement will pay for your losses prior to signing.
Select the Gainesville Car Accident Law Firm that is right for you
Choose an attorney who will protect your rights following an auto accident could be a difficult process. There are several options and might not know what you should look for when choosing a law firm. Some of the characteristics to look for are:
- Expertise in managing car accident cases
- We will explore every avenue to receive compensation including trial
- We will provide individualized attention to your instance
- We will keep you informed of any developments that may affect your case.
- Knows the kinds of injuries you've sustained
Gainesville Car Accident FAQs
If you've suffered injuries by a car crash in Gainesville You may be experiencing anxiety and uncertainty. Maybe you have questions and need answers. Meldon Law Gainesville personal injury lawyers from Meldon Law may be able to assist. To find answers to the most frequently asked concerns our clients frequently have, read below and for any additional concerns regarding the specifics of your situation, please contact us now by calling 800-373-8000 or online to arrange a complimentary consultation.
What Does a No Fault State Mean for Florida Drivers?
Many people are unclear about what the law of no fault in Florida is really about for those engaged in a car collision. This doesn't mean that there is no blame to be taken for causing the accident or that there is no need to consider who is responsible. However, "no fault" means anyone who drives a vehicle that is registered within the state is legally required to buy Personal Injury Protection (PIP) insurance coverage that is at minimum $10,000. This insurance coverage is applicable to their medical expenses and any loss of wages due to the accident regardless of the person who caused the accident.
In reality, many will discover that the minimum coverage of $10,000 is inadequate to cover the damages they actually suffer. It is vital to determine the person who was responsible for an accident, and who's insurance company is responsible for paying the cost of damages.
What Happens if I Was Hit by a Driver Who Has No Insurance?
It's a sad truth that if you get hurt in an auto accident even if you weren't the cause, you could be liable for thousands of dollars for medical expenses since the other driver has no insurance. An option to help reduce this risk is to carry Uninsured/Underinsured Motorist coverage yourself. Although it's not mandatory in Florida but it is advised for all Florida drivers have this type of insurance to safeguard them and their loved ones in the case of an accident involving an uninsured or underinsured motorist.
I Was Injured and the Costs of My Injuries Exceeded the Limit of My PIP Policy. What Now?
If this occurs you may need to submit a personal injury claim with the responsible party's insurance provider to get additional insurance coverage that could be used to cover your losses in addition to the coverage provided under PIP. PIP policy.
Can I File a Personal Injury Lawsuit Against the Other Driver Even if I Was Partially at Fault for the Accident?
Yes. Florida is a state with a pure law of comparative negligence. That means, even though partially responsible for your accident, you might be entitled to reimbursement for the injuries you sustained. But, the proportion of the blame you owe for the accident could be taken out of whatever settlement or you might be awarded. For instance in the event that you received $100,000, but were was found to be at least 15 percent responsible for the incident, you'd get $85,000.
The Other Driver's Insurance Company Has Offered Me a Settlement. It Seems a Little Low for the Extent of My Injuries. What Should I Do?
It's a typical tactic that insurance companies employ to offer an immediate, low-cost settlements that do not represent the full magnitude of the damage suffered by the victim, which include ongoing medical treatment, lost wages, earning capacity lost and suffering and pain. They rely on the idea that the person who has suffered prefers a quick payment but will not realize the actual cost of their long-term losses until long following the time that release from liability is signed. When the person signs up for a speedy settlement only to later realizes that their damage is greater that the settlement they were awarded the person will be prohibited from seeking additional compensation.
A seasoned personal injury lawyer will help you determine whether the settlement you've been offered is fair one that is based on your present injuries as well as the anticipated damages.
What if the Insurance Carrier Denied My Claim?
Insurance companies deny claims more often than people are aware of. They do this because of many reasons, like:
- The policy you or another driver holds doesn't provide coverage for accidents of the type which you were involved in.
- Another driver is not insured and you do not have coverage for uninsured motorists.
- You and the other driver were intoxicated by alcohol or drugs intoxicants at the time of crash.
- Your damages were greater than the maximum amount that are covered by the insurance.
- You didn't report by the deadlines required.
- You have made false or misleading statements.
- You didn't pay the insurance premiums.
If your claim was rejected, your attorney may contest the decision and provide proof of the accident as well as the injuries you suffered.
What Damages Can I Claim?
Damages can be both economic and non-economic. They could be ascribed to:
- Present, past and future medical expenses related to injuries sustained in the accident, as well as the costs of long-term health insurance
- Accessibility equipment like lifts and wheelchairs, as well as home improvements that are necessary to be accessible, like ramps
- Loss of wages
- The loss of future earning capacity
- Property damaged
- The pain and suffering
The Other Driver's Insurance Adjuster Wants a Copy of My Medical Records. Should I Release Them?
But you should consult with the attorney you consult first. Your medical data is secured and secure which is why it should be disclosed in limited instances.
What Must Be Proven in Order to Obtain an Award in a Car Accident Case?
To be successful in defending your claims on a personal injury lawsuit you must establish the other driver's negligence through evidence such as:
- The driver has the duty of care in operating their automobile in a secure and secure manner;
- The driver acted in breach of their duty to care
- The breach that occurred caused your injuries.
- Damages. This is particularly relevant when the damages exceed the amount that is offered by the insurance policy of the driver who was at fault, such as the policy, PIP, or your uninsured motorist insurance.
What is Hydroplaning?
Hydroplaning, also referred to in the form of "aquaplaning," may occur during wet weather in which a tire slides over the water and then loses connection with road similar to waterskiing. In the event of hydroplaning, drivers might experience the sensation of a "tug" at the wheel when the tire slides over the water's surface. Hydroplaning can cause a driver to slide or skid and lose control of the vehicle.
Be cautious on wet Florida roadways and avoid hydroplaning. Gainesville accident lawyer Jeffrey Meldon explains the 5 elements involved in hydroplaning. Are you aware of the five factors? Motorists should be ready for the possibility of hydroplaning any time when they encounter wet weather particularly during the rainy season. The wet season in Florida, which runs from June through October could bring anything from mild rain to blinding downpours that can be accompanied by hurricane-like conditions. For a better chance of avoiding hydroplaning you must slow down and keep your vehicle maintained.
What Factors Cause Hydroplaning?
A combination of factors such as speed, the amount of water on the road as well as the level of tire inflator, depth and the load placed on the vehicle could cause hydroplaning. In general hydroplaning is due to "driver error" in speed and tire maintenance, creating a fatal accident.
- Speed. Hydroplaning does not usually occur at speeds less then 50 mph unless when deep pooled, erupting water is present. The faster a vehicle travels it, the less time the tire is able the ability to "wick away" water, increasing the chances that the car will be "waterborne" and hydroplane.
- Water Depth on the Road. Deep, pooled water in the shoulder, in dips, ruts, and low-lying areas reduce tire contact with roadway and can cause hydroplaning. Avoid pools of water.
- The Inflation of Tires. As speed increases the tire that is not properly inflated can lose as much as 40 percent from its road contact. This can cause the tire to be removed from interaction with roads.
- Tread Depth. A good tread on the tire allows water to drain by allowing access to the road. The more tread on a tire allows it to "wick" away more water. Experts suggest replacing tires when tread is less than 1/16th inch, or when "tire bars" are visible.
- The process of overloading. Overloading a car can cause instability of the vehicle and can cause hydroplaning force forces. Overloading can cause a vehicle to roll over and lose control.
Contact Our Gainesville Car Accident Attorney for a Free Consultation Today
If you contact our knowledgeable legal team, you'll talk directly to any of our Gainesville car accident lawyers. Meldon Law Meldon Law, we have assisted numerous victims of car accidents within and around Gainesville. We will utilize all our efforts and resources to get the the maximum amount of compensation for you, therefore, please contact our office now toll-free at 800-373-8000 to get assistance. Contact Meldon Law now when you've been injured in an accident that was serious to your vehicle. We are in your neighborhood and are here to assist you. We are proud of our work as well as the results we achieve for our clients.
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