Daytona Beach, Florida: Car Accidents Lawyer
Florida's No-Fault Insurance Law
In Florida, recovery for injuries resulting from a car accident is generally dictated by Florida's no-fault insurance law. The complexities of Florida's auto insurance laws means that a consultation with an experienced car accident attorney is critically important in the aftermath of an injury caused by a car accident — to make sure that you get the best possible settlement from the insurance company.
How Does Florida's No-Fault Insurance Law Work?
All Florida car owners are required to insure their cars with $10,000 Personal Injury Protection (PIP) benefits and $10,000 for property damage. The minimum state requirement of $10,000 for PIP protection is intended to pay 80 percent of your medical expenses and 60 percent of your lost wages after a car accident.
The driver causing the car accident is then theoretically responsible for paying the remaining 20 percent of your medical bills and the remaining 40 percent of your lost wages. This responsibility is theoretical because Florida law does not require drivers to purchase insurance to cover these unpaid amounts. Many drivers purchase Uninsured Motorist insurance to cover these additional amounts.
Florida's 'Permanent Injury Rule'
Florida law requires you to prove a permanent injury as a result of the car accident in order to get a recovery for pain and suffering. You can still get a recovery against the at-fault driver for unpaid medical bills and lost wages not covered by PIP.
Most settlement negotiations after a car wreck center around the determination of what is, and what is not, a permanent injury. Unless you have sustained an obviously permanent injury like a broken bone, permanent paralysis, a head injury or permanent scarring — the insurance company is likely to argue that your injuries are not permanent and deny your claim against the at-fault driver.
The insurance companies seem to have access to a long list of doctors willing to give their expert medical opinion that a person's injury is not permanent — even though your doctor may disagree. If settlement negotiations break down, the question becomes one for a jury to decide in a trial.
We Can Refer You to Medical Experts for Second Opinions
At the law office of attorney James W. Ledford, P.A., one of the services we provide our clients is access to medical providers who understand the requirements of Florida's 'permanent injury' rule and who know how to make diagnoses with this rule in mind. When you consult with us on your personal injury case, we will refer you to doctors who are willing to give you the benefit of the doubt regarding whether your injuries meet the definition of 'permanent' under Florida's law.
More Information About the Legal Process After a Car Accident
We encourage you to review our Frequently Asked Questions page and our Motor Vehicle Accidents Information Center for general information about obtaining fair compensation after a car accident.
You can also download a brochure to keep in your car — which includes helpful tips about how to respond when you are involved in a motor vehicle accident.
Contact Us for a Free Consultation After a Car Accident
If you need specific information about your circumstances after a car accident, please do not delay — contact our office today to schedule a free consultation with experienced personal injury attorney Jim Ledford. or send us an e-mail.
Before your appointment, we invite you to print out and complete the information in our Case Evaluation Form for Auto and Trucking Accidents.
