If you suffer injuries or property damage in a car accident caused by another person, you likely have questions about your right to compensation.
Consider the laws that govern Florida auto accident cases and how they can impact your claim.
No-fault auto insurance
Florida is a no-fault auto insurance state. This means anyone involved in an auto accident must file a claim with their own personal injury protection policy to cover damages from injuries, including medical expenses and lost wages. Fault is not a consideration.
However, victims of serious accidents resulting in substantial losses may be able to bypass the no-fault system and file a fault-based claim through civil court. Then you can request compensation for all economic and non-economic losses, including pain and suffering.
Statute of limitations
The Florida statute of limitations for a car accident lawsuit is four years from the date of the crash. This means you must file your lawsuit within that timeframe. If you miss the deadline, the court will likely dismiss the claim.
Pure comparative fault
Florida uses the pure comparative fault rule to govern auto accident claims involving shared fault. If you are partially liable for the accident, you can still recover damages. However, according to the pure comparative fault rule, the court will determine what percentage of the liability belongs to you and deduct an amount equal to that portion from your total damages.
Every auto accident case is different, but most will resolve through a settlement without ever reaching the trial phase.