There is no simple answer to this question. In most cases, you may not need a lawyer to file a claim on your no-fault Florida car insurance, but you may end up wanting one.
The following provides an overview of Florida’s no-fault car insurance system. It then presents common scenarios where having a car accident lawyer working for you just makes sense.
Keep in mind that most Florida car accident lawyers will review your accident claim at no cost and advise you if retaining legal counsel would be to your benefit.
Florida is a no-fault car insurance state. This means that car accident victims must submit claims to their own insurance carriers for accident compensation regardless of who was at fault.
No-fault insurance coverage is commonly referred to as personal injury protection or PIP. Florida PIP coverage includes:
However, PIP coverage for medical care and lost wages is only at a percentage of total losses and cannot exceed policy limits. Death benefits for qualified survivors also have a maximum coverage amount.
Personal injury protection does not cover vehicle or property damage. Nor does it cover:
PIP coverage does not allow any claims for pain and suffering regardless of the victim or situation. Pain and suffering is a general term for the following and more:
Not all PIP claims are approved or paid in full by insurers. Insurers who deny PIP claims must provide a written explanation for their denial.
Policyholders can appeal a claim denial, and many do so successfully with the help of experienced car accident attorneys. An attorney can also ensure a policyholder receives a fair payout from their insurer.
To receive PIP accident coverage in Florida, a policyholder must seek initial medical treatment within fourteen days of an accident. Policyholders who do not do so could be denied their own PIP benefits.
In addition, policyholders who do not seek immediate medical attention will have difficulties filing for any additional insurance benefits or pursuing a personal injury lawsuit.
To file a personal injury lawsuit in Florida, a car accident victim must prove they suffered serious bodily injury. A serious bodily injury is one that causes:
An experienced personal injury lawyer will conduct a thorough accident investigation and gather evidence to support a claim for serious bodily injury. Parties found at least 10% at-fault for a serious bodily injury accident can be subject to liability.
A knowledgeable personal injury attorney can also help a car accident victim file a timely personal injury lawsuit. In Florida, a car accident lawsuit must be filed within two years from the date of any injury. Otherwise, any claim for compensation will be denied.
Florida’s no-fault car accident laws can complicate a serious injury accident. Find out if you qualify to file a personal injury lawsuit by having your claim evaluated at Shapiro | Delgado | Hofmann today.
Our car accident attorneys in Sarasota and Bradenton will review your situation at no cost and offer you valuable legal advice about whether pursuing a legal action in court is right for you. Shapiro | Delgado | Hofmann is a personal injury firm with a track record of success securing compensation for accident victims just like you.
Contact our office now to schedule your appointment.
