Automobile Accidents
Every individual operating a motor vehicle within Florida has a duty to exercise reasonable care in the operation of that motor vehicle. Florida state law identifies a driver's failure to use reasonable care as negligence. Negligence represents the first requirement for a successful lawsuit.
Once you have established the negligence of a party, you must show that their negligence caused the accident that resulted in your lawsuit. "Causation," in a legal sense, can be a complex issue, but suffice it to say that if the negligence of the party resulted in the injury to person or property for which you have sued, causation exists.
And, finally, in order to maintain a suit as the result of an automobile accident, you must prove that you have suffered damages. Damages include economic injury, such as lost income or wages, medical and funeral expenses, lost support and services, and replacement value or repair costs of personal property damaged in the accident. Damages may also include non-economic injuries such pain, suffering, mental anguish, and inconvenience as a result of bodily injury that result for the accident.
The State of Florida has a "No-Fault" law, which requires your auto insurer to pay for non-economic damages, regardless of who caused the accident. By way of exception, you may be entitled to collect non-economic damages from the at-fault party if you can establish that the bodily injury resulted in:
STATUTE OF LIMITATIONS
You should note that you may only file your suit within four years from the date of the accident. Florida law prohibits any suit filed after the four-year period. If you think that you might have a claim against another party as the result of a car accident, you should consult Webb & Scarmozzino as soon as possible to ensure that your suit is filed within the four-year period.
AUTOMOBILE INSURANCE
Florida law mandates a certain minimum automobile liability insurance coverage for all automobiles registered in the state. Depending on the terms of the individual policy, liability insurance typically covers the cost of property damage, including the cost of repair or replacement for any property damaged as the result of an accident. Liability insurance also pays medical bills and lost wages as a result of bodily injuries incurred in an accident.
Florida law requires that each car registered in the state have a minimum of $10,000 in insurance coverage for one person injured in an accident, and a minimum of $20,000 for all persons injured in an accident. In addition, Florida requires a minimum $10,000 in coverage for property damage. While Florida law also mandates $10,000 in coverage for when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver, you can waive this requirement through a written request to your insurer.
Basic reparations or medical payments coverage, collision coverage, and comprehensive coverage are three types of additional, optional insurance coverage. Basic reparations coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, comprehensive coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.
Once you have established the negligence of a party, you must show that their negligence caused the accident that resulted in your lawsuit. "Causation," in a legal sense, can be a complex issue, but suffice it to say that if the negligence of the party resulted in the injury to person or property for which you have sued, causation exists.
And, finally, in order to maintain a suit as the result of an automobile accident, you must prove that you have suffered damages. Damages include economic injury, such as lost income or wages, medical and funeral expenses, lost support and services, and replacement value or repair costs of personal property damaged in the accident. Damages may also include non-economic injuries such pain, suffering, mental anguish, and inconvenience as a result of bodily injury that result for the accident.
The State of Florida has a "No-Fault" law, which requires your auto insurer to pay for non-economic damages, regardless of who caused the accident. By way of exception, you may be entitled to collect non-economic damages from the at-fault party if you can establish that the bodily injury resulted in:
- significant and permanent loss of important bodily function;
- permanent injury;
- significant and permanent scarring or disfigurement; or
- death.
STATUTE OF LIMITATIONS
You should note that you may only file your suit within four years from the date of the accident. Florida law prohibits any suit filed after the four-year period. If you think that you might have a claim against another party as the result of a car accident, you should consult Webb & Scarmozzino as soon as possible to ensure that your suit is filed within the four-year period.
AUTOMOBILE INSURANCE
Florida law mandates a certain minimum automobile liability insurance coverage for all automobiles registered in the state. Depending on the terms of the individual policy, liability insurance typically covers the cost of property damage, including the cost of repair or replacement for any property damaged as the result of an accident. Liability insurance also pays medical bills and lost wages as a result of bodily injuries incurred in an accident.
Florida law requires that each car registered in the state have a minimum of $10,000 in insurance coverage for one person injured in an accident, and a minimum of $20,000 for all persons injured in an accident. In addition, Florida requires a minimum $10,000 in coverage for property damage. While Florida law also mandates $10,000 in coverage for when you are involved in an accident with an uninsured, underinsured, or hit-and-run driver, you can waive this requirement through a written request to your insurer.
Basic reparations or medical payments coverage, collision coverage, and comprehensive coverage are three types of additional, optional insurance coverage. Basic reparations coverage covers bodily injury and medical expenses of an at-fault driver who does not have medical insurance. Collision coverage pays for damages incurred by the at-fault driver in accidents involving collision. Finally, comprehensive coverage pays for damage to a vehicle not caused by collision, including damages caused by theft, vandalism, flood, fire, and explosion.
2121 West First Street, Ft. Myers, Florida 33901 239.334.1600 239.334.7979 (fax)
