Who Is at Fault in Florida for Car Accidents?

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Car crashes are unfortunate incidents that can result in catastrophic physical injuries, emotional trauma, and financial damage to victims and their families. Most accidents result from violations of traffic laws or reckless driving behavior that can be attributed to one or more drivers involved in the incident.

However, the question of whether the party can be held liable for the damages depends on the type of law observed in the state where the incident occurred. If you were injured in a car crash in Florida and are unsure about your legal options, you can consult with an experienced legal team. They can discuss your case and how you should handle the specific case. A competent attorney can help you get justice for your car crash case and provide adequate guidance that it follows the fault system in your state.

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About Fault and No-Fault Systems

Fault and no-fault are legal terms used by insurance companies to define two distinct ways in which liability is determined for personal injury lawsuits, including cases involving car crashes. A vast majority of states in the United States observe a fault-based system, whereby the driver liable for the incident must provide compensation for the damages resulting from the crash. A victim can file a claim against the insurance provider of the negligent driver or pursue legal action against the driver through a personal injury lawsuit.

On the contrary, twelve states in the United States, including Florida, operate on a no-fault system. That means each driver can obtain compensation for their damages from their own insurance provider only, regardless of the party responsible for causing the accident. The no-fault system discourages personal injury lawsuits against the negligent driver, with some exceptions related to permanent physical damage and loss of function.

When Can You File a Lawsuit?

While victims of car accidents occurring in Florida might not be able to file a lawsuit in all cases, there are some exceptions to the rule according to the limits delineated by Florida state law. If you got injured in an accident and acquired permanent physical damage, disfigurement, irreversible loss of bodily function, or death, you can file a lawsuit against the negligent driver. That way you can obtain financial compensation for your damages.

Compensable damages in such lawsuits include medical bills, loss of income, costs of ongoing medical therapy, and expenses related to physical or occupational rehabilitation. You can also be compensated for incidental expenses, loss of consortium, emotional pain and suffering, etc. You can file a lawsuit against the negligent driver for compensable damages if you acquire property damages over $10,000 in total, i.e., the damages exceed the limit of your property damage liability coverage. A trusted auto accident lawyer in Palm Bay, FL will be able to go through these steps with you in greater detail.

Conclusion

If you got injured in a car crash in Florida, it is important to consult a skilled car accident lawyer and explore your legal options for obtaining financial compensation for your damages. Since Florida is a no-fault state, the local or state law might be challenging to navigate on your own, and having expert legal consultation can be significantly helpful in getting you the justice you deserve for your case. They understand how the system works and how to make it work in your favor. It’s harder to get these cases to court if you are doing it all by yourself. That’s why it’s best to reach out to a legal team that will fight for you.

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