After an auto accident, it’s important to understand your legal rights. Specifically, in certain situations, you may be able to file a car accident lawsuit in Florida. This is not possible in all circumstances, though, and you’ll need to understand the process and build a strong case.
Diaco Law is here to help. Our experienced litigators have successfully represented many car accident victims in lawsuits, and we’ve recovered millions. We’ll work with you to determine if suing is right for you and will help you navigate the civil justice system.
To find out more about how a Tampa car accident lawyer can help with the lawsuit process, give us a call or contact us online today to schedule a free consultation. You can also read on to learn about the process of filing a lawsuit in the Sunshine State.
1. Make Sure Your Injuries are Serious Enough to Sue
Florida is a no-fault state, so for more minor injuries, you’ll rely on your own personal injury protection (PIP) coverage to pay for medical bills and partial lost wages. However, under Florida Statutes § 627.737, you can pursue a claim to get broader damages from the at-fault driver, including compensation for pain and suffering and emotional distress.
This statute allows you to take action against a driver who is to blame for an accident if you suffered:
- Injuries that cause significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
Diaco Law can help you determine whether your injuries are serious enough to pursue a claim.
2. Identify Defendants and Gather Evidence
You will also need to determine who you can take legal action against if you want to pursue a car accident claim. This could include:
- A negligent driver
- An employer of a negligent driver under vicarious liability laws, making companies responsible for a staff member’s on-the-job actions while performing work duties
- The designer or manufacturer of a defective vehicle
- Auto parts manufacturers who released a defective product
- Road design or maintenance professionals
No matter who you pursue a claim against, you must show they breached a legal duty or failed to fulfill an obligation and that this failure directly caused the crash and the harm you endured. Evidence from the crash scene, witness testimony, expert testimony, and police reports are some of the different kinds of evidence that can help you prove fault.
3. Take Action Within the Statute of Limitations
If you are pursuing a claim, you must take action within the state’s statute of limitations. Generally, under Florida law, you will have two years to pursue your car accident claim. If you wait too long, the claim can be time-barred.
4. File Your Paperwork With the Court
Finally, if you have identified defendants and you believe you have a valid claim, you should file a civil lawsuit with the appropriate court. Diaco Law can take care of this process for you.
Contact a Florida Car Accident Lawyer for Help
Filing a lawsuit is a major step with many technical requirements. Diaco Law will be there for you throughout the process to help you maximize your chances of a successful claim. Call us or contact us online to schedule a free consultation and learn how we can fight for you.