Frequently Asked
Florida Personal Injury — Common Questions
Answers from Cohen & Cohen Law, the family-owned South Florida firm that has handled 100,000+ cases since 1970.
Car Accident
What should I do immediately after a car accident in Florida?
Following a car accident in Florida, it is important that you prioritize safety and call the police to report the incident. It’s also wise to seek medical help for injuries even if you don’t feel injured. Once these steps are taken, be sure to exchange information with other drivers and document the scene with photos or videos. Finally, consult an experienced Florida car accident attorney, who can help protect your rights and explain your options to pursue compensation.
Is Personal Injury Protection coverage (PIP) mandatory for Florida drivers?
Personal Injury Protection (PIP) insurance is mandatory for all drivers in Florida. This means that all registered vehicles in the state must have PIP coverage. It’s a “no-fault” insurance system, meaning you can file a claim with your own insurance company for medical expenses and lost wages following a car accident, regardless of who caused the accident — subject to a particular limit.
Is there a time limit for filing a car accident claim in Florida?
In Florida, the statute of limitations for filing a personal injury claim from a car accident is generally two years from the date of the incident. Failure to file within this period can cause you to lose the right to seek compensation.
What types of damages can be claimed in a car accident in Florida?
In Florida, the damages you can claim after a car accident may include economic and non-economic losses. These could potentially cover medical expenses, lost wages, pain and suffering, property damage, rehabilitation costs, and compensation for long-term effects. In rare cases of extreme negligence, punitive damages may be awarded. Your Florida personal injury attorney can assess the potential damages in your unique case.
How can a personal injury attorney help with a car accident claim in Florida?
An experienced Florida car accident attorney can assist in gathering evidence, negotiating with insurance companies, determining liability, calculating damages, and pursuing fair compensation.
Truck Accident
What steps do I need to take immediately after a trucking accident in Florida?
Immediately after a trucking accident in Florida, your priority should be to assess any injuries and seek emergency medical attention as needed while moving to safety away from traffic. Once safety is secured, promptly call the police to report the incident. Afterward, document the scene, exchange information with the involved parties, and gather contact details from any witnesses. It is also important to notify your insurance company and consult with an experienced trucking accident attorney as soon as possible to protect your rights and explore your legal options.
How is liability determined in a trucking accident in Florida?
Florida follows a modified comparative negligence system for determining liability in truck accidents. In some instances, this system allows multiple parties, including the truck driver, trucking company, and even the injured party, to share the fault for the accident. However, those who suffer injuries due to negligence can seek compensation only if they are deemed 50 percent or less at fault. If someone is injured and found to be more than 50 percent responsible for the accident, they are barred from claiming damages.
Can a trucking company be held responsible for hiring a reckless driver in Florida?
Trucking accidents in Florida can arise from various factors, including driver negligence, poor truck maintenance, and violations of safety regulations.
Trucking companies can be held accountable for negligent hiring practices. This means if a company hires a driver with a history of accidents or traffic violations without conducting proper background checks, they may be liable for accidents caused by that driver. Even if a driver has experience, a trucking company must thoroughly investigate their driving record to ensure safety at all times.
Is there a time limit for filing a trucking accident claim in Florida?
In Florida, the statute of limitations for filing a trucking accident claim is generally two years from the date of the accident. However, specific provisions and exceptions may apply, depending on the type of truck accident claim. An experienced trucking accident attorney can evaluate your case during a free initial consultation.
How can a personal injury attorney assist with a trucking accident claim in Florida?
Accidents involving trucks can be complex and overwhelming. If you’ve been injured in a trucking accident in Florida, it’s crucial to understand your legal rights. A Florida personal injury attorney experienced in truck accident cases can help you navigate complex regulations, assess liability, negotiate with insurance companies, calculate damages, and pursue fair and appropriate compensation.
Motorcycle
What should I do immediately after a motorcycle accident in Florida?
Experiencing a motorcycle collision can be incredibly stressful, but taking the right steps afterward is crucial. First, prioritize your safety and seek immediate medical attention for any injuries. Once you are safe, call the police to report the accident. It’s essential to document the scene thoroughly with photos and videos of the crash site, including any visible injuries. Afterward, exchange information with the other parties involved and gather contact details from any witnesses. Finally, consult with an experienced Florida motorcycle accident attorney to help you pursue fair compensation for the various losses you may have suffered.
Are motorcycle riders required to wear helmets in Florida?
Motorcycle riders under 21 years old must wear helmets while operating or riding a motorcycle in Florida. Riders over 21 can forgo a helmet if they carry an insurance policy with at least $10,000 in medical benefits coverage. However, it is generally wise for every rider to wear a helmet for safety purposes, regardless of age or experience.
Is there a time limit for filing a motorcycle accident claim in Florida?
The statute of limitations for filing a personal injury claim for a motorcycle accident in Florida is generally two years from the date of the incident. Failure to file within this period can cause you to lose the right to seek compensation.
What types of damages can be claimed in a motorcycle accident in Florida?
In Florida, individuals injured in a motorcycle accident can claim various types of damages, including medical expenses, lost wages, pain and suffering, property damage, rehabilitation costs, and compensation for long-term injuries.
Unlike car drivers, motorcycle riders are not required to carry personal injury protection (PIP) insurance because PIP insurance in Florida does not include motorcycles. However, motorcyclists can still seek compensation through other means like uninsured/underinsured motorist coverage or by filing a lawsuit against the at-fault party. An experienced Florida motorcycle accident attorney can assess your case and determine potential recovery.
How can a personal injury attorney assist with a motorcycle accident claim in Florida?
An experienced Florida personal injury attorney can help navigate legal complexities, gather evidence, and negotiate with insurance companies. They can help to pursue appropriate compensation by calculating damages, determining liability, and representing your interests in court.