Seeking Justice After A Car Accident

Our Melbourne, FL car accident lawyer understands that the aftermath of a car accident can be a confusing and stressful time, fraught with uncertainty about the future. Our experienced legal team is committed to guiding you through every step of the process, advocating for your rights, and diligently working to resolve your case as quickly as possible while seeking the compensation you deserve. With our comprehensive knowledge of Florida’s laws and procedures, we aim to provide you with peace of mind during this challenging time. Contact the Law Offices of Arcadier, Biggie & Wood today to schedule your free consultation.

Florida’s No-Fault Insurance System

One of the foundational aspects of Florida’s car accident laws, which extends to Melbourne, is the no-fault insurance system. Under this system, drivers are required to carry Personal Injury Protection (PIP) insurance. When an accident occurs, regardless of who was at fault, individuals first turn to their own PIP insurance to cover medical bills and certain other out-of-pocket expenses. This system means that many accident claims are settled without determining fault.

However, this doesn’t mean that a person injured in a car accident can never step outside the no-fault system. If the injuries are deemed severe, the victim can pursue a claim against the other driver directly, aiming to recover a broader spectrum of damages.

Reporting A Car Accident In Melbourne

In the aftermath of a car accident, it’s essential to be aware of the state’s reporting requirements. Florida law mandates that any car accident resulting in injury, death, or property damage over a certain threshold be reported. The parties involved must notify the local police department — in Melbourne’s case, the Melbourne Police Department — particularly if the accident occurred within the city’s limits.

Statute Of Limitations

Victims generally have two years from the date of the accident to file a lawsuit for personal injuries. However, it’s essential to act promptly, as certain circumstances might alter these general timeframes. Our Melbourne car accident lawyer can help you pinpoint your case’s deadline and build a strong case backed by versatile and meaningful evidence. 

Pursuing Compensation After an Accident

Following a car accident, victims are often confronted with a multitude of challenges. These range from dealing with the immediate physical injuries and the psychological aftermath to the intricate process of filing for compensation claims.

At the Law Offices of Arcadier, Biggie & Wood, we are dedicated to guiding you through each phase of the compensation claims process, ensuring that you secure the full extent of the remuneration you are entitled to.

Deciphering Your Compensation Rights

Embarking on the journey to claim compensation begins with a critical step: comprehending your legal rights. The legal framework governing car accidents in Florida is multifaceted, with nuances that could easily overwhelm the unguided victim.

We are here to illuminate the path for you. Our commitment is to simplify the legal jargon, offering you transparent and practical counsel, thereby empowering you to make informed decisions about your claim.

We can assist you in identifying and pursuing claims across several categories, including but not limited to:

Medical Expenses

This encompasses a comprehensive range of medical costs, from emergency care at the accident scene to hospital stays, surgical interventions, medication, rehabilitation, and any future medical treatments necessitated by injuries incurred in the accident. Our approach ensures that both immediate and long-term health care needs are meticulously accounted for in your compensation.

Lost Wages

The financial impact of being unable to work, whether temporarily or permanently, can be significant. We seek compensation not only for the income lost during your recovery period but also for any future earnings affected by your injuries. This includes assessing the potential for lost earning capacity, especially in cases where victims are unable to return to their previous employment or work at the same capacity.

Pain And Suffering

Beyond the tangible losses, car accident victims often endure substantial physical pain and emotional distress. Our legal strategies aim to quantify these non-economic damages, advocating for compensation that acknowledges the depth of your suffering. This includes anxiety, depression, loss of enjoyment of life, and the physical discomfort and limitations imposed by your injuries.

Property Damage

The financial burden of repairing or replacing your vehicle, along with any personal property damaged in the accident, is a tangible and immediate concern. We meticulously document all property damage, collaborating with appraisers and experts as necessary, to ensure that you receive full compensation for these losses.

Common Causes Of Car Accidents

• Distracted Driving

Distracted driving stands as a leading cause of car accidents, both in Melbourne and nationwide. Engaging in activities such as texting, using a GPS, eating, or adjusting the radio while driving diverts attention from the road, increasing the risk of an accident.

• Speeding

Another prevalent cause is speeding, including driving over the speed limit or too fast for current road conditions. High speeds diminish the driver’s ability to safely navigate curves and avoid obstacles, also increasing the stopping distance required.

• Impaired Driving

The dangers of impaired driving, due to alcohol, drugs, or medication, cannot be overstated. Such impairment significantly reduces a driver’s ability to control their vehicle, making it both illegal and hazardous.

• Weather Conditions

Melbourne’s susceptibility to severe weather, such as heavy rains, fog, and hurricanes, can compromise road safety. These conditions often result in slippery roads and reduced visibility, contributing to the likelihood of accidents.

• Reckless Driving

Reckless driving involves a willful disregard for road safety rules, including unsafe lane changes without signaling, tailgating, and ignoring traffic signals, all of which can lead to accidents.

• Traffic Violations

Running red lights and stop signs is a frequent cause of intersection collisions. These violations often result in severe injuries due to the unexpected nature of such accidents.

• Vehicle Defects

Though less common, vehicle defects resulting from manufacturing errors or inadequate maintenance can also cause accidents. This highlights the importance of regular vehicle checks and maintenance.

• Road Conditions

Poor road conditions, such as potholes, insufficient signage, and unclear road markings, contribute to accidents by confusing drivers or damaging vehicles, leading to loss of control.

• Driver Fatigue

Driver fatigue is as dangerous as substance impairment. A lack of sleep can slow reaction times and impair decision-making, increasing the risk of accidents.

• Inexperienced Drivers

Inexperience can lead to poor judgment and mistakes on the road, such as misjudging stopping distances or failing to respond appropriately to road hazards.

Infographic

Car Accident Statistics

According to the National Safety Council, car accidents are the leading cause of personal injury in the United States. In 2021, there were over 6 million car accidents in the United States, resulting in over 3 million injuries and 40,000 fatalities. Drunk driving and speeding are two of the most common causes of fatal car accidents.

If you have been injured in a crash caused by another party, reach out to one of our car accident lawyers to find out what type of financial compensation you may be entitled to.

FAQs

Who pays for medical bills in a car accident in Florida?

In Florida, which operates under a “no-fault” insurance system, your own personal injury protection (PIP) coverage generally pays for your medical bills regardless of who was at fault for the accident. PIP coverage typically covers 80% of your medical expenses up to a predetermined limit, which is usually $10,000, although this can vary depending on your specific policy. If your injuries are severe and meet certain legal criteria, you may also be entitled to file a lawsuit against the at-fault driver for additional compensation, which could include the remaining 20% of medical expenses not covered by your PIP, as well as future medical costs. Consulting a knowledgeable car accident attorney can provide a more detailed understanding of how medical bills are handled in your specific case.

What happens if you lose a car accident lawsuit in Florida?

If you lose a car accident lawsuit in Florida, you generally won’t be able to recover any compensation for your injuries, damages, or losses related to the accident. Additionally, you may be responsible for covering the legal costs, including court fees and potentially the attorney’s fees of the opposing party, depending on the specifics of the case and any agreements made beforehand. Losing a lawsuit can also have implications for any related insurance claims you may have filed, potentially affecting your insurance premiums. It’s essential to consult with a knowledgeable attorney to understand the ramifications fully and to explore any other legal avenues that may still be available to you.

How long do you have to see a doctor after an auto accident in Florida?

In Florida, it is crucial to see a doctor within 14 days of the auto accident to qualify for Personal Injury Protection (PIP) benefits, which typically cover 80% of your medical bills up to a certain limit. Failing to get medical attention within this two-week window could result in a denial of PIP benefits, leaving you responsible for your medical expenses. Furthermore, timely medical attention is essential for documenting your injuries, which could be crucial should you later decide to pursue additional compensation from the at-fault party. Always consult with an experienced attorney to understand the full scope of your rights and obligations following an auto accident in Florida.

How long does an insurance company have to settle a claim in Florida?

In Florida, insurance companies are generally required to settle claims in a timely manner. According to Florida Statutes, once you have provided your insurance company with all the necessary information and proof of loss, they have 90 days to either settle the claim or deny it. Failure to meet this timeframe could result in penalties for the insurance company. However, the actual time it takes to settle a claim can vary depending on the complexity of the case, the thoroughness of the investigation, and other factors like negotiation between parties. Consulting with an experienced attorney can provide you with specific guidance tailored to your situation and can help ensure that your claim is processed in a timely and fair manner.

Who may be liable for my losses after a car accident?

Determining liability for losses after a car accident in Melbourne, FL, can be a complex process involving multiple parties. While drivers are often the first to be considered at fault, liability could also extend to vehicle manufacturers for defects, local municipalities for poorly maintained roads, or even bars and restaurants that overserved a drunk driver. In some cases, multiple parties may share liability. Florida’s comparative fault system also means that even if you are partially at fault for the accident, you can still recover damages, although your compensation will be reduced by your percentage of fault. Consulting with an experienced car accident attorney can help you identify all potentially liable parties and navigate the complexities of Florida’s liability laws to maximize your compensation.

The Law Offices of Arcadier, Biggie & Wood, Melbourne Car Accident Lawyer

2815 W. New Haven, Suite 304, Melbourne, Florida 32904

Contact Our Auto Accident Lawyer Today

In the aftermath of a car accident, choosing the right legal representation can make all the difference in your pursuit of justice and fair compensation. At the Law Offices of Arcadier, Biggie & Wood, we pride ourselves on our expert understanding of Florida’s complex liability and insurance laws, our dedication to client welfare, and our proven track record of successful outcomes. With years of experience specifically in handling car accident cases in Melbourne, FL, our team is uniquely equipped to guide you through the legal maze that often follows such incidents. We commit to advocating on your behalf, from initial consultation to settlement or courtroom verdict, ensuring that your rights are protected every step of the way. For a legal partner who prioritizes your best interests and strives for the most favorable resolution, look no further than the Law Offices of Arcadier, Biggie & Wood.