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A serious car crash has the potential to devastate the lives of the crash victim and their family for years. If you or a loved one has been hurt a crash, an attorney in our Lakeland office may be able to help you sue the other driver and obtain compensation for medical bills, lost wages, and pain and suffering.
At Morgan & Morgan, our attorneys have years of experience handling auto accident lawsuits and can help determine whether taking legal action is right for you. We can determine who can be held liable for your injuries and deal directly with insurance companies on your behalf so that you can focus on recovery.
Do I Have a Case?
This will depend on the specifics of your crash. In general, you can only file a lawsuit if someone else was negligent in causing the crash. Although manufacturers and municipalities can be sued in auto accident lawsuits, these cases are most commonly filed against negligent automobile drivers. A driver acts negligently if he or she fails to exercise reasonable care in operating a vehicle. Common include:
- Failing to stop at a red light
- Failing to watch for crossing pedestrians
- Driving under the influence of alcohol
- Failing to signal or yield
The severity of your injury is also a key factor in determining whether you have a case. Florida law only allows automobile wreck victims to file personal injury lawsuits if certain conditions are satisfied. For instance, to file a lawsuit in Florida, you must have sustained serious and permanent injuries. If you have not suffered serious injuries, you may only be able to recover compensation through your Personal Injury Protection insurance policy.
What You Need to Know About Florida’s Personal Injury Protection (PIP) Insurance
The State of Florida requires drivers to have personal injury protection (PIP) auto insurance. PIP is often referred to as “no-fault” insurance because it provides benefits to accident victims regardless of who was at fault. To receive benefits under a PIP policy, you must receive medical treatment within fourteen days.
In addition, to qualify for PIP insurance benefits in excess of $2,500, you must be receiving treatment for an “emergency medical condition.” Florida law defines “emergency medical condition” as a medical condition that requires immediate medical attention and could reasonably be expected to result in serious jeopardy to a patient’s health. Our lawyers will work with your insurance company to make sure you receive all PIP benefits to which you are entitled. Click for more information about Florida’s PIP program.
What Will My Automobile Accident Attorney Do?
Your motor vehicle accident attorney will review the facts of your case to determine if you meet the requirements to file a car crash lawsuit in Florida. If so, your attorney may file a lawsuit against the person responsible for your injuries. If your case is successful, you may be able to receive compensation for any losses stemming from the crash, including medical expenses.
When you are represented by Morgan & Morgan, your attorney may take the following steps in preparing and handling your case:
- Gather Evidence: Your lawyer will gather all evidence necessary to prove who was at fault. To determine whether a lawsuit should be filed, your lawyer may interview witnesses, take photographs of the scene and review any traffic surveillance footage that is available. In addition, your attorney may review police records to review the driving records of the other involved drivers.
- Work with Medical Experts: A medical expert may explain to the judge and jury the full extent of your injuries, as well as the medical treatment you will need in the future to fully recover. The attorneys at Morgan & Morgan work with some of the leading medical experts in the state of Florida who will evaluate your medical condition to help ensure you receive the appropriate level of compensation for your injuries.
- Negotiate with Insurance Companies: The insurance company may attempt to offer you a quick settlement in exchange for your agreement not to file a lawsuit. More often than not, the initial offer from an insurance company is not their best offer and may not provide complete compensation for your injuries. Our attorneys can negotiate directly with the insurance company on your behalf. If these negotiations do not produce an adequate settlement offer, your lawyer will prepare to take your case to court to get the compensation you deserve.
- Prepare Your Case for Trial: If your case goes to trial, your attorney will help you prepare to testify about the facts of the wreck and the full extent of your injuries. At Morgan & Morgan, our lawyers have successfully tried numerous cases throughout Florida.
How Much Is My Case Worth?
The amount of compensation you receive will depend on a number of factors, including the severity of your injuries and whether you missed work and lost income. The attorneys at Morgan & Morgan may be able to help you obtain compensation for:
- Medical Bills: You may be able to obtain compensation for past and future medical bills, including money to help cover the costs of hospital bills, rehabilitation expenses, and in-home care aides.
- Physical Pain and Emotional Suffering: Accident victims may be eligible to receive compensation for the physical pain and emotional suffering they have experienced.
- Lost Wages: If you missed work because of your injuries, you may be able to recover compensation for any lost wages. In addition, if you are no longer able to perform the essential functions of your job, you may be entitled to compensation for your reduced earning capacity.
- Punitive Damages: If the wreck involved extremely reckless conduct, you may be able to recover punitive damages, which are intended to discourage others from engaging in similarly dangerous conduct.
What If I Have Been Injured in a Motorcycle Accident?
Motorcycle cases are also filed on the grounds that another person or entity was negligent in causing the crash. These lawsuits are often filed against negligent automobile drivers who fail to recognize motorcycles in traffic or who violate right of way laws.
Are These Cases Subject to PIP Regulations?
In Florida, motorcycle owners are not required to purchase PIP insurance. Therefore, injured bikers do not need to satisfy the PIP requirements described above to file a lawsuit against the at fault driver.
Who We Can Help
The attorneys at Morgan & Morgan help victims and their families recover compensation in all types of motorcycle crash cases. Furthermore, in cases involving fatal motorcycle accidents, our lawyers can represent the victim’s spouse, children or other family members in wrongful death lawsuits against the drivers at fault for the crash. Through a wrongful death lawsuit, the motorcycle victim’s survivors may be able to obtain compensation for medical bills, funeral expenses, and loss of future income.
What If I Have Been Injured in a Truck Crash?
In most cases against commercial trucks, the lawsuit is filed against the truck driver’s employer. Our lawyers may review driving records, truck maintenance reports, and trip logs to help establish who was at fault in causing your wreck. Moreover, your attorney may work with Florida law enforcement and other authorities who may also be investigating.
Who We Can Help
The lawyers at Morgan & Morgan represent injured motorists and automobile passengers, as well as loved ones acting on their behalf. We have experience handling truck accident lawsuits involving:
- Speeding and failure to obey traffic laws
- Driver fatigue and unreasonable driving schedules
- Improperly maintained trucks
- Driver intoxication
- Defective trucks and equipment
- Improper driver training
- Overloaded trucks
Our attorneys also represent pedestrians and cyclists who have been struck by trucks, including delivery and express mail trucks.
Why Should I Hire Morgan & Morgan?
Because trucking companies have the resources to hire high-priced lawyers to defend them, it is important that you retain a lawyer with the experience and legal knowledge required to go up against powerful trucking companies. Morgan & Morgan’s attorneys are among the most skillful and respected members of the Florida bar and will aggressively represent in settlement negotiations and in court to ensure that you receive adequate compensation for your injuries.