A victim of a car accident can seek compensation from the individual that caused the accident. Specifically, a victim can file an insurance claim against the company that insures the negligent driver. However, an insurance claim may not be enough to provide a victim with the compensation they deserve for their injuries. If you or a family member was seriously injured in a car accident, consult with an experienced car accident attorney as soon as possible. Miami personal injury attorney Prosper Shaked has extensive experience litigating personal injury claims, and he would be honored to work with you. Prosper Shaked Accident Injury Attorneys PA is here to explain whether you can trust an insurance company after a car accident in Florida.
Should You Pursue a Settlement with an Insurance Company After a Car Accident in Florida?
If you were injured in a motor vehicle accident, you could seek compensation for your injuries and other losses by filing a claim with the insurance company for the other driver. However, Florida is known as a “no-fault” state for car insurance coverage. This means that a victim of a car accident will first have to turn to their own insurance company despite who was at fault for the crash. Fortunately, if a victim’s injuries exceed the policy limits or meet the injury threshold, the victim can file a claim with the insurance company for the other driver.
When pursuing a claim against the insurance company for the negligent driver, you should be aware that you may be met with resistance. An insurance company will likely try to minimize their liability for the driver’s actions. This means that the insurance claim adjuster assigned to the case may use tactics to diminish your claim.
One tactic that may be used to diminish your injury claim is to attempt to question your recollection of the accident. For example, an insurance claim adjuster may question whether you were distracted at the wheel or whether you could have been intoxicated. If you are concerned about speaking with or trusting an insurance claim adjuster, you should speak with an experienced attorney that could guide you through the process.
It is important to note that a victim may even run into issues if they are successful in an insurance claim after a car accident. The settlement amount provided by the insurance company may not be sufficient in comparison to the medical expenses, property damage, and other bills incurred by the victim. This is a serious issue because a victim would be unable to file a personal injury lawsuit after agreeing to a settlement.
If your injuries exceed the policy limits of the insurance company, it may be beneficial to seek a personal injury lawsuit instead. A personal injury lawsuit will not limit the amount of compensation that you can receive for your injuries and other losses. Trusting an insurance company with your case may not get you the compensation you deserve for your injuries.
To learn more about filing a personal injury lawsuit after a car accident in Florida, you should continue reading and contact an experienced personal injury attorney as soon as possible.
When to File a Car Accident Lawsuit in Florida
To recover damages after a car accident, filing a personal injury lawsuit is typically preferable to an insurance settlement. As mentioned, a victim that is severely injured may not be awarded the compensation they need for injuries and other expenses.
If you elect to file a personal injury lawsuit instead of pursuing an insurance settlement, you should be aware that your lawsuit is subject to the statute of limitations. The statute of limitations determines the length of time that a potential plaintiff has to file their case with a court of law. Note, however, that your filing deadline may be altered depending on the details of your unique case. That is why it is important to avoid making assumptions about the filing deadline for your case.
In Florida, the filing deadline for a personal injury lawsuit is two years from the date of the accident. If a victim fails to file their case within two years of the accident, the court may deny the victim the opportunity to argue their case. This can be devastating for a victim that likely does not have other options to seek compensation after two years.
There are a few benefits to filing your personal injury lawsuit as soon as possible. For example, an attorney will be more likely to take your case if the filing deadline is not quickly approaching. Additionally, if you need compensation for your injuries, waiting too long to file your case could affect your financial position. Finally, it will be easier to gather evidence for your case if you do not wait until the deadline to file.
Contact Our Experienced Miami Car Accident Lawyer to Discuss Your Case
If you or a family member need assistance filing a personal injury lawsuit, consult with an experienced attorney who sues insurance companies. Prosper Shaked Accident Injury Attorneys PA is committed to fighting for victims of car accidents that are injured due to the negligence of another driver. Our firm has worked on a variety of complex injury claims, and we are dedicated to providing you with the legal representation you deserve. To schedule a free consultation to discuss your legal options, contact Prosper Shaked at (305) 694-2676. You can also contact the firm online.