Can I Sue After a Florida Car Accident?
In the wake of a car crash, you may wonder if you can sue. The answer to this question depends on several factors, including the severity of your injuries, the circumstances of the accident, and Florida’s specific legal framework. Plus, it’s important to understand when it’s worth pursuing a lawsuit and when other avenues of financial relief are more appropriate. Talk to a knowledgeable Boca Raton personal injury lawyer to make informed decisions.
When Can You Sue After a Collision?
Florida is a no-fault state, meaning that after most car accidents, your own insurance company will cover your medical bills and certain other losses, regardless of who was at fault for the accident. This is done through your Personal Injury Protection (PIP) coverage, which is required for all drivers.
Yet it’s key to acknowledge that PIP coverage has its limits. It doesn’t cover pain and suffering, and if your injuries are severe, your medical bills could quickly exceed the PIP limit. This is where the possibility of filing a lawsuit comes into play.
Under Florida law, you can step outside the no-fault system and file a lawsuit if you suffer from a serious injury, which is defined as:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Loss of life
If your injuries meet these thresholds, you have the legal right to pursue compensation from the at-fault driver for damages that exceed what is covered by your PIP insurance. This can include medical bills beyond the PIP limit, lost wages, pain and suffering, and other losses.
When is Legal Action Worth It?
Deciding whether to sue depends on the specifics of your case. If the costs associated with your recovery far exceed your PIP coverage, suing may be necessary to recover. You also need to recognize that your case will be stronger if the other driver was clearly at fault and there is strong evidence to support your claim.
On the other hand, suing might not be the best option if your injuries are minor. Then, you may not be able to sue, and even if you could, the time and cost involved might outweigh the potential compensation. Assessing if the at-fault driver has sufficient insurance or assets could also be part of the process, too. Because even if you win your case it will be difficult to collect on a judgment when there are no assets to collect from.
Before taking action, have a conversation with a Boca Raton personal injury lawyer to explore all avenues for financial relief. For example, if you have UM/UIM coverage that may cover expenses. In many cases, negotiating a settlement with insurance companies can provide quicker financial relief without the need for a lengthy court battle.
Are you hoping to sue another driver after a car accident? The experienced lawyers at Leifer & Ramirez are here to help, whether the best path for you is negotiating a settlement or pursuing a lawsuit. Seek support to ensure that your rights are protected. Call 561-660-9421 today.
