Best Car Accident Lawyers Tampa, FL, Of 2024 – Forbes

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Florida laws allow those injured in a car accident to file a lawsuit to recover damages from the other driver if that person is most responsible for the accident. Determining fault, filing a lawsuit and navigating the legal process are complicated and best done with the assistance of an attorney. This comprehensive guide will help you select a highly qualified lawyer to aid your litigation.

Florida Statute of Limitations

The statute of limitations places a deadline on how long you have to take legal action after suffering an injury in a Florida car accident. For injuries resulting from negligence, which are typical in car accidents, Florida state law gives you four years to file a lawsuit.

That time limit only applies if you were injured, though. If you intend to file a wrongful death lawsuit after an immediate family member has died in a car accident, this statute gives you only two years to take action from the date of the death.

Florida Laws for Car Drivers

Driving laws are similar in most states, both to make it easier for out-of-state travelers to visit and to decrease the likelihood of accidents. Whether you are a resident or visiting driver, the following are some of the most important Florida laws you should be aware of:

  • Move Over Rule. When a police vehicle is stopped on the edge of a two-lane road, you are required to reduce your speed to 20 mph under the speed limit and move to the far lane.
  • Passenger Restraints. All passengers in a car must wear a seat belt unless they are under four years old. Children under age 5 must be secured in an age-appropriate child seat or booster seat
  • No-Fault Insurance Rules. If you own a car that is in Florida for 90 days or more in a single year, you are required to purchase no-fault insurance for it.

Identifying Fault for a Car Crash

As of March 24, 2023, the rules for determining fault changed in Florida from a pure comparative fault standard to a modified comparative fault standard.

Under the new rules, a plaintiff can only get compensation if they are no more than 50% at fault in the accident. Furthermore, if you successfully sue someone under these regulations, your compensation will be reduced by your own level of fault. So if you are 20% at fault for a car crash and have damages of $100,000, you are only entitled to recover $80,000.

Additionally, Florida is a no-fault state. Before you can file a lawsuit against a responsible party, you must file a claim with your insurance company against your personal injury protection (PIP) coverage. Only after you have reached the limit of that policy can you file a personal injury lawsuit against the at-fault party for the remainder of any damages.

How Can an Attorney Help You?

An attorney assists you in every step of the process of getting compensation for a car accident injury. When you make a claim against your PIP, your lawyer collects evidence of the severity of your injuries to maximize your compensation from the insurer.
If you sue the other driver, your attorney investigates who was at fault in the accident, file your lawsuit and respond to inquiries from the opposing lawyer. An experienced lawyer prevents you from missing deadlines or making mistakes that harm your lawsuit.

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