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Tampa Car Crash Lawyer
Florida traffic laws are clear regarding car crashes: the injured can file a claim with their own insurance carrier thanks to the state's no-fault system. If the damages they suffered exceed a certain threshold, they may proceed to file a lawsuit against the at-fault party. Despite such plaintiff-friendly laws, insurance companies in Tampa and throughout the state have proven that they cannot be trusted to protect the rights of the injured. That is why you need a Tampa car crash lawyer.
Fill out this form today to find out if you have a viable case and how Morgan and Morgan, the nation's largest injury firm, may be able to help.
When to Contact Morgan and Morgan About Your Car Crash Case
As a general rule, you should contact us immediately after getting injured in a car crash or as soon as possible. This also applies in situations where you are not really sure if you are entitled to compensation.
Given that we offer a free, no-obligation case evaluation, you have nothing to lose when you contact us about your case. You never know what you may learn while interacting with our legal representatives.
That said, it is also fair to mention that not every case requires an attorney's intervention. If you did not incur any damage to your property during the accident, or you got checked by a doctor and received clearance confirming that you did not suffer serious injuries, then hiring an attorney may not be necessary. Again, whenever you are in doubt, you can contact us for a free case evaluation.
Hiring a Lawyer Is Necessary Even In a No-Fault State
One of the biggest myths about getting injured in a car accident in a no-fault state is that you'll file a claim with your own insurance company, and they will be glad to process it without any questions asked. Before we even look at why that's not necessarily true, we acknowledge that a no-fault system makes it possible for the injured to file claims with their own insurance carriers even if they are at fault for the accident.
This system reduces the hectic and emotionally-draining back-and-forth process of filing a claim with the other party's insurance company.
Expect Some Resistance Even From Your Own Insurance Carrier
While your PIP insurance covers your medical expenses and lost wages valued up to $10,000, we have seen cases where some insurance carriers may not be willing to part with this money that easily. Keep in mind that insurance providers are the same nationwide; all they care about is making profits, not protecting you or your loved one, as they may make it seem in their commercials. Many people learn this the hard way, usually when filing a claim.
You Need an Attorney to Effectively Sue the Other Party
If your total damages exceed $10,000, auto insurance laws in Tampa and throughout Florida allow you to pursue a claim against the at-fault party. But you shouldn't expect their insurance carrier to sit back with an open cheque, gladly waiting for your claim.
They will likely fight back either by denying liability or offering a low counteroffer (if they can't deny liability). The first thing a skilled lawyer will do in such a situation is to evaluate your case and determine if you meet the criteria for pursuing a claim beyond the no-fault limits. Once they have that out of the way, they will help you navigate the complexities of insurance claims outside of the state's no-fault system.
Disputes May Arise Anytime During the Claims Process
We've seen such cases before; the injured party files a claim with their insurance company, and everything seems to be going just fine in the initial stages. Then, somewhere down the line, the insurance company takes a dramatic U-turn for any reason, whether it is a new piece of evidence that raises doubts about the severity of your injuries or questions about your employment records (when filing for compensation for lost wages). No matter the reason, there is always a chance that the insurance company is not following the law.
This is usually common in cases where the insurer realizes that the injured party does not have legal representation. That's why you need a lawyer from the very beginning to walk with you throughout the journey. The attorney will cover any loopholes the defendant or their insurer may want to use to avoid settling the claim.
Your PIP Coverage May Not Provide Enough Coverage
In some instances, your no-fault insurance may not cover certain types of damages, such as pain and suffering or punitive damages. The only way you may be able to recover these damages is by filing a claim with the other party's insurer. You can count on an experienced car crash lawyer to help identify any potential avenues for seeking additional compensation.
You Deserve Peace of Mind Throughout the Legal Process
Peace of mind, in cases of this kind, is not achieved by giving up your claim and walking away. That would make insurance companies richer as your pain worsens. Instead, you can attain peace of mind by having a lawyer handle the legal complexities as you focus on your recovery and well-being. That way, you won't have to deal with the frustrations of insurance companies and their claims adjusters or the mountains of paperwork while keeping an eye on strict deadlines.
Elements a Tampa Car Crash Lawyer Can Help You Prove
When pursuing compensation for your injuries and damages from your own insurance provider covered by your PIP insurance, proving fault won't be necessary. That's because of the no-fault system in place.
However, if you decide (and qualify) to step out of the no-fault system, you will need to prove certain elements of your case. Here is what they entail.
The At-Fault Party Owed You a Duty of Care
Here, your lawyer will need to prove that the other party involved in the car accident owed you a duty of care. This sets the foundation for filing a claim against them in the first place. In other words, if the party did not owe you a duty of care, it means they did not have a legal responsibility to act reasonably and responsibly while driving to prevent harm to others on the road.
The At-Fault Party Breached The Duty of Care Owed
Once the duty of care is established, the next thing the attorney will do is help gather evidence to show that the other party breached that duty. In other words, it proves that the other driver acted negligently, recklessly, or violated traffic laws, ultimately leading to the car crash.
You Suffered Serious Injuries Due to the Breach of Duty of Care
The next step of the process involves establishing the link between the car accident and the injuries you sustained. To do this, the lawyer will evaluate your case and determine the best form of evidence to prove this element. In most cases, medical records and expenses, and expert opinions may come in handy in such a scenario.
You Suffered Actual Damages Due to Your Injuries.
Damages, in this context, refer to the losses and harm you suffered as a result of the car crash. Your attorney can help calculate these damages and find ways to maximize your claim.
How a Car Crash Lawyer Can Help Maximize Your Claim
One of the biggest benefits of hiring an attorney after a car crash is their ability to maximize your claim. This refers to the ability to ensure that you get a reasonable settlement or verdict for your injuries and damages.
To do this, your lawyer will first ensure that you have a solid case. This starts all the way from the initial consultation. They will evaluate the details of your accident to get all the facts, gather the evidence needed to substantiate your claim, and identify any potential legal issues or challenges that could stand in the way of the compensation you may be entitled to.
Next, once they've understood the specifics of your case, the attorney will ensure that all damages are included in the claim. This ensures you get the compensation you deserve and that no aspect of your claim is overlooked or undervalued. The last thing you want is to find yourself in a situation where you need more money to settle your medical bills arising from the accident, but the amount you received from the insurance company cannot cover these expenses. That's the kind of situation your lawyer will protect you from.
The entire legal process does not revolve around your attorney. Your actions after the accident can maximize (or even jeopardize) your claim. A skilled lawyer will discuss the dos and don'ts of the legal process, including but not limited to what to say or not say to insurance companies and what steps to take to protect your rights.
Car crash claims are time-sensitive. Your lawyer will ensure that all deadlines are met to avoid jeopardizing your ability to seek compensation. For instance, in order to be eligible for PIP benefits in Florida, you must seek medical attention within 14 days of the accident. Failure to do so will automatically rule you out of the benefits you deserve.
In addition, you have two years from the date of the accident to file a personal injury claim against the other party.
Any attempt by the insurance company to lowball you will be met by fierce resistance from your attorney. That's yet another benefit of having legal representation. As discussed earlier, insurance companies often try to minimize payouts or undervalue claims to protect their selfish interests, even in no-fault states. You need someone familiar with the different tactics insurance carriers use to avoid liability or jeopardize claims. That's what an attorney does to preserve your claim.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Morgan & Morgan
Should I Contact the Insurance Company Immediately After the Accident?
We see a lot of misleading information about the need to contact insurance companies immediately after the accident. That is not always the right thing to do. This is not in any way meant to discourage you from reporting the accident to your insurance company. However, doing so right after the accident is never advisable.
Here is why.
When you get injured in an accident, your body may still be in shock even if you are able to make phone calls to emergency services, your loved ones, and insurance companies. However, as we mentioned earlier, insurance companies often record conversations to try to find reasons to dispute your claim. For this reason, it is beneficial to speak with a lawyer before contacting the insurance provider. They will handle all communications on your behalf, ensuring you are not being taken advantage of.
The Insurance Company Wants Me To Sign a Document. Should I?
It is possible that the insurance carrier may present you with a settlement offer after the accident, especially when they realize that you suffered serious injuries and their insured is at fault. If you accept such an offer, it means you have formally agreed to waive your right to seek additional compensation. So if you later discover that you may be entitled to a higher settlement than what you had initially accepted, your attorney won't be able to help you because the settlement agreement is usually final in most cases.
Find Out If You Have a Valid Case Today
The no-fault system may be plaintiff–friendly, but that does not stop insurance companies from protecting their selfish interests, manipulating claimants into settling for lowball offers, and using other unlawful tactics to avoid paying what they owe. At the same time, these companies continue to make billions of dollars every year selling insurance to the residents of Tampa and the entire state.
So if you have been injured in a car crash, you shouldn't beg for compensation. It is your right to obtain it if you have a valid case. Speaking of whether you have a valid case, fill out this form to have your case reviewed by a member of our team. We might be able to fight for you.
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