Do I Need A Personal Injury Lawyer After An Accident In Florida?

By Veselina Dzhingarova

Personal injury law firms like Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers in St. Petersburg perform valuable services for accident victims. They act as the point of contact with insurance companies to fight for fair compensation for your injuries. They also advocate for you in court when insurers refuse to settle on acceptable terms.

A personal injury attorney can help with a wide variety of accidents. This includes car accidents, because while Florida’s no-fault insurance laws are meant to eliminate the need for personal injury lawsuits, the role of an injury lawyer simply shifted from handling liability claims to handling no-fault claims — and, in some cases, pursuing other forms of compensation. In other types of accidents, such as slip & fall injuries, you may need a lawyer’s help to prove negligence and recover damages via a lawsuit.

Perenich, Caulfield, Avril & Noyes in St. Petersburg explain why you may need a personal injury lawyer after an accident in Florida.

The Role Of The Injury Lawyer

Injury lawyers perform two functions for injured clients, regardless of the type of accident. First, whether you are bit by a dog or hit by a car, the at-fault party may have insurance to cover your losses. Injury lawyers prepare and file insurance claims, as well as communicate with the insurer to negotiate a fair insurance settlement.

Second, if the insurer refuses to make a fair settlement offer, the lawyer can help you by filing a lawsuit. The lawsuit seeks the assistance of a judge or jury to evaluate your losses and award appropriate damages.

In either case, the lawyer must prove that the other party intentionally or negligently caused your injuries. Once they establish liability, they must prove the losses you suffered due to the harmful acts.

Car Accident Claims In Florida

Florida has an additional wrinkle when it comes to car accidents. Under Florida’s no-fault system of insurance, all vehicle owners must buy personal injury protection (PIP) coverage. After a minor crash, each injured person files a claim with their insurer.

This differs from most other states. In a fault-based system, you would file against the policy for the driver who caused the crash. The benefit of the no-fault system is that everyone, including the at-fault driver, can obtain injury compensation. The downside is that Florida’s PIP coverage only pays 80% of your medical bills and 60% of your lost wages.

But you can escape these limits under two circumstances. First, you can pursue a claim against the at-fault driver for unreimbursed economic losses when you exceed your $10,000 PIP policy limit. Suppose that you had $14,000 in medical expenses and lost income after your crash. You can file a claim against the at-fault driver for $4,000 in damages.

Second, you have a claim for both economic losses and pain and suffering losses if you suffered a significant, permanent injury due to the at-fault driver’s negligence. In these cases, you can start with a PIP claim or proceed directly to a liability claim against the other driver.

Reasons You May Need A Personal Injury Lawyer

The insurance claim processes do not always proceed smoothly. In certain situations, you may need an injury lawyer.

Your Claim Was Denied

Insurers can deny your claim for several reasons, including:

●       You had no accident

●       You suffered no injuries

●       The accident did not cause your injuries

●       You received unreasonable or unnecessary treatment

●       The policyholder did not cause the crash

●       The policyholder did not act negligently in colliding with you

●       Your injuries were pre-existing conditions

Lawyers respond to claim denials by submitting evidence and legal arguments. For example, suppose the at-fault party’s liability insurer denies causation. Your lawyer can submit witness statements and, in the case of car crashes, a crash report stating their policyholder acted in a negligent manner.

The Other Party Blames You For The Incident

Florida uses comparative negligence to apportion damages in negligence claims. This means the claims adjuster or jury must determine each person’s share of the fault. The percentage of fault assigned will determine how much compensation you recover.

As a result, the at-fault party and their insurer will often try to shift the blame to you. When used successfully, this defense reduces the damages the insurer must pay if a jury finds the at-fault party liable.

A lawyer can gather the evidence to prove the at-fault party’s liability and rebut their attempts to shift the blame to you. This evidence can include witness statements, photographs, and physical evidence from the accident scene.

You Receive A Low Offer

When they accept your claim, insurers still have a financial incentive to pay as little as possible. They will often make a low offer for a few reasons. You might accept the low offer, letting the insurer off the hook for a minimal settlement. A low offer also gives the insurer room to negotiate.

Lawyers learn to negotiate in law school and hone their skills with experience. A lawyer can present arguments to persuade the insurer to raise their offer.

The Insurer Refuses To Negotiate

If the insurer refuses to negotiate, a law firm such as Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers in St. Petersburg can file a lawsuit. Most injury lawsuits never reach trial. Instead, you will file the lawsuit to pressure the insurer to negotiate a fair settlement.

Once you file a lawsuit, the insurer faces deadlines. It also risks going before an unsympathetic jury that could force them to pay a large damage award. And even if it thinks it could win the case, the insurer must pay lawyers to fight the case instead of settling and moving on. As a result, having a lawyer file a lawsuit can improve your prospects of settling your case.

Evaluating Your Need For A Lawyer

Most injury lawyers offer a free consultation to new clients. If you do not know whether you need a lawyer, schedule a few consultations. Talking to a few lawyers might help gauge your need for legal assistance. You can also interview lawyers and determine who has the skills and experience to handle your legal issues.

Not every case requires a lawyer. But in many cases, a lawyer may make the difference between giving up in frustration and receiving a fair settlement.