We frequently hear the question, “Should I hire a lawyer after a car accident?” The answer can vary, but many injury victims decide they don’t need representation if they’re not at fault. After all, how could the insurance company deny your claim if you’re clearly the victim? Unfortunately, our law firm sees this happen every single day.
Contact us today for a free consultation.
What “No-Fault” Really Means in Florida
Personal Injury Protection (PIP) insurance — also known as no-fault insurance — attempts to minimize burdens on the court system. In Florida, all drivers must carry this form of insurance. In most accidents, each driver’s own PIP coverage will pay for their losses. This might sound positive, but any not-at-fault car accident lawyer can explain why this harms victims.
Even if you’re not at fault from a legal perspective, it doesn’t necessarily mean you’ll receive fair compensation. For instance, no-fault insurance coverage has a cap of $10,000 in Florida. Fortunately, not being at fault also means you may be able to file a lawsuit. Even so, Personal Injury Protection insurance could stand in the way.
How PIP Affects Your Ability to Sue
If you’re not legally at fault in an accident, your insurance rates shouldn’t increase, and you should be protected from lawsuits. However, Florida’s PIP rules can also limit your ability to sue the at-fault party. Under state law, you can only pursue a lawsuit if you or a loved one has experienced:
- 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
These are the criteria of Florida’s tort threshold. Injury victims whose economic losses exceed the damage cap can sue for additional economic recovery. However, only those who meet the tort threshold can sue for additional non-economic damages. Because navigating these rules is complex, the best time to speak with a lawyer after a crash is always now.
Why You Still Need to Protect Yourself
Perhaps you were harmed due to the negligence of a rideshare driver or trucker, negligent highway maintenance, or countless other wrongful acts. Regardless of the underlying circumstances of your accident, you may need to protect yourself beyond PIP coverage.
Medical bills, lost wages, and other expenses can quickly exceed the $10,000 PIP cap. Even worse, no-fault insurance will not reimburse you for things like pain and suffering, emotional distress, and other non-economic damages.
This is why you need an experienced legal team on your side.
Why You May Still Need Legal Help
Many people ask, “Do I need an attorney if I wasn’t at fault in a car accident?” because they assume fair compensation is automatic. In a perfect world, it would be. Unfortunately, the reality is far different.
Here is why: Insurance companies are profit-based. The more they pay out in claims, the less money their shareholders put in their pockets. It doesn’t matter if the other driver is clearly at fault in your accident. It doesn’t matter if you obviously exceed the tort threshold. Insurers will try to lowball you or deny coverage entirely.
Insurance Companies Aren’t on Your Side
Insurance companies don’t work for you and they’re not even truly on the side of their own policyholders. Every year, up to 15% of car accident claims are denied, leaving countless victims without the compensation they deserve.
Insurance companies work to minimize payouts, especially when it comes to costly medical bills, lost wages, and vehicle repairs. Their priority is protecting profits, not protecting you. If you’ve been injured and are entitled to substantial compensation, you deserve every dollar you’re owed.
Do not let insurance adjusters railroad you and minimize or deny your legitimate claim. Contact us for a free consultation.
When It’s Worth Hiring a Car Accident Lawyer
If you’ve been injured in a car accident, it’s always worth speaking with an attorney. An experienced car accident attorney can quickly assess your situation and explain what to expect. In some minor cases, such as when damages are under $10,000 or injuries are minimal, legal representation may not be as critical.
But for claims involving pain and suffering, emotional distress, or potential punitive damages for extreme negligence, an attorney can make a substantial difference in your recovery. If you want to maximize your compensation and protect your rights, it’s best to seek legal help, particularly in the following situations.
The Other Driver Denies Fault
If there’s no clear evidence of what happened in a car accident, the other driver may try to deny fault to stop you from securing fair compensation.
Remember, liability coverage only kicks in under certain circumstances. If the tort threshold criteria is not met, then your own insurance will cover up to $10,000 of your losses. However, the other driver’s denial means you’ll face issues even when the tort threshold is passed. This makes it critical to have an attorney on your side.
Medical Bills or Lost Wages Start to Pile Up
Whether you were in a truck accident, struck by a negligent driver, or involved in any other collision, remember that the other driver’s insurer doesn’t work for you. They do not care if your medical bills or lost wages start to pile up.
Even if you didn’t suffer permanent injuries, an attorney may be able to help you secure damages above and beyond PIP coverage.
You Receive a Lowball Settlement Offer
It surprises most people to learn that the majority of personal injury cases are resolved with settlements. This is beneficial for both parties, since they can avoid court. Victims get quicker payouts, and insurers typically pay less than they would in damages.
Unfortunately, insurance adjusters are very likely to give you a lowball offer. While they may promise to cover all your losses and medical bills, they understand that they could lose much more in non-economic damages.
This is why you should hire a lawyer after a car accident before ever speaking to the insurance company. Don’t be manipulated by the insurance company. When you work with Long & Jean P.A., our legal team will deal with adjusters for you.
What a Lawyer Can Actually Do for You
Victims have many questions after experiencing a collision due to another person’s negligence. Clearly, anyone being sued for negligence could benefit from legal representation. However, injured individuals will also find legal representation advantageous.
That’s because personal injury attorneys can use their experience to potentially change the outcome of your case. Far too many people face disputed liability, serious injuries, expensive property damage, or denied claims. In any of these situations, a legal professional can take various actions to improve your odds of fair compensation.
Gather Evidence and Deal with Insurance
Most people don’t realize just how difficult evidence collection can be. Even if you took pictures or video after your accident, what about police reports? Do you know how to gain access to traffic camera footage? What about securing the video from the other driver’s dashcam?
A personal injury attorney can gather all this evidence and more. Legal professionals can also deal with insurance companies on your behalf. And since adjusters know that attorneys understand the law, they’re typically more likely to offer a fair settlement from the start.
Keep You from Being Blamed
Those who have never been seriously injured in a car accident are lucky for many reasons. One of these reasons is that they’ve never had to deal with insurance companies trying to shift blame to them. Adjusters are heavily trained to do this, especially in a state like Florida.
That’s because we live in a modified comparative negligence state. That means any fault on the part of the injury victim will reduce their compensation. If the victim is found to be 50% or more at fault, they’re barred from financial recovery altogether.
Don’t risk insurance companies tricking you into accepting blame. We will handle them on your behalf.
Maximize Your Compensation
Evidence gathering, handling paperwork, and avoiding the “blame game” are all vital services that law firms offer. However, the goal of all this work is to maximize compensation. A skilled attorney can negotiate a fair payout to help you avoid court and secure compensation quickly.
And if insurers refuse to properly compensate you, a legal professional can file a lawsuit on your behalf. From that point, they can present the necessary evidence to maximize a court award. This can mean compensatory, non-compensatory, and even punitive damages.
Don’t Make These Post-Accident Mistakes
When deciding whether you should hire a lawyer after a car accident, focusing on potential missteps is critical. It only takes one mistake to derail your entire case. A personal injury attorney has experience in these matters. This means they can help you avoid errors that could result in reduced, delayed, or denied compensation.
Here are just a few of the mistakes accident victims make when they try to navigate the system on their own:
- Delays in care: Insurers can claim your injuries are unrelated to the wreck if you delay seeking care.
- Low settlements: Injury victims often don’t realize just how much they’re entitled to and may accept an unfair settlement.
- Missed deadlines: There are important filing deadlines. Delayed filing could result in denied justice.
- Unknowingly accepting fault: Insurers know how to lead victims into admitting partial or total fault. Let a lawyer do your talking for you.
This is just the tip of the iceberg when it comes to potential mistakes after an accident. At Long & Jean, P.A., we know that you’re concerned about the future. Still, you should never let this result in rash decisions. If someone else’s negligence caused you harm, you deserve compensation. Let us help.
Contact us today for a free case evaluation.
Why Long & Jean is the Right Choice for Your Case
If you’re injured in a serious auto collision, there’s no shortage of attorneys to take your case. Unfortunately, not all law firms are created equally. Many just want to accept a quick settlement. Oftentimes, this is to the detriment of their client. Some are unwilling to take cases to trial. Still others don’t have the knowledge and experience to handle complex cases.
At Long & Jean, P.A., our primary goal is to do what’s best for our clients. We’ll always try to get a fair settlement without litigation. However, we are willing to file a lawsuit when it’s necessary. We’re tired of seeing our neighbors and clients taken advantage of by insurance companies and a system focused more on reducing courtroom cases than victims’ rights.
If you’re asking yourself if you should hire a lawyer after your car accident, we can help answer that question. Our law firm is always ready to assist and is just a call away. Contact us today at (954) 597-6770 for your free consultation.
