Every year, car accidents are a leading cause of accidental injuries and fatalities in North Florida, and when these accidents happen, those involved need to know how they can recover. The state enforces a no-fault rule for car accidents, meaning drivers are generally expected to claim against their own auto insurance to recover their losses from an accident regardless of who caused the accident. However, there are exceptions to this rule, and you could have more options for recovering your damages than you initially expect.
Spohrer Dodd Trial Attorneys is a team of experienced attorneys who have years of successful cases behind us. We put our clients first in every case we accept, helping them determine the optimal path to recovering their damages and maximizing the compensation they secure from the party responsible for their injury. If another driver’s negligence or misconduct has resulted in an accident, insurance may only cover a portion of your total losses, and you will need trustworthy legal counsel to navigate the rest of the legal proceedings that might follow your insurance claim filing process.
Our firm is ready to assist you in overcoming the challenges that lie between you and your recovery in Baldwin, FL. We take time to listen to each client’s story, helping them explore the full scope of the damages they can seek from a defendant and streamlining their recovery process as much as we possibly can. No matter how your recent accident happened, we can help hold the at-fault driver accountable for the harm they’ve caused.
Florida’s no-fault rule for car accidents means that if your own auto insurance can cover the damages you sustained in a recent accident, there is no need to worry about proving liability. However, establishing fault for the incident can help you avoid insurance premium increases, and proving liability will also be essential if your damages exceed your insurance coverage.
You have the right to file a civil suit against the driver who caused your accident if you can prove they are directly responsible for causing damages that your auto insurance cannot repay. Your Baldwin car accident attorney can be an invaluable asset when it comes to navigating the insurance claim filing process after your accident, but they can be even more helpful when it comes to pursuing a personal injury claim against the at-fault driver.
A few of the common causes of car accidents that generate complex insurance claims and contested personal injury claims include:
This is not an exhaustive list of all the various ways auto accidents might happen in the Baldwin area. No matter how your recent accident happened, it’s advisable to seek out an experienced attorney who can help you determine your most viable options for recovering your losses. Your attorney can help you obtain another driver’s cell phone records and vehicle computer data, traffic camera recordings, and statements from eyewitnesses to help you prove fault. If your case entails complex technical issues, a good attorney can consult expert witnesses for you who can explain the specifics of how your accident happened.
Your recovery from your recent accident will begin with a claim against your own auto insurance policy. Every driver is required to carry personal injury protection with their auto insurance, and every driver has the option of buying additional types of coverage that may help them recover more compensation after an accident. Your Baldwin car accident attorney can help you deal with your insurance carrier, verifying that they handle your claim appropriately and deliver a reasonable settlement offer under the terms of your policy.
If your insurer deals with you in bad faith or if you need to prove that you did not cause the accident to prevent a premium increase, your attorney can assist you with this as well. Once you have recovered as much as possible from insurance, you can proceed with filing a personal injury claim against the at-fault driver.
Under Florida’s personal injury laws, the plaintiff can claim compensation for:
Depending on how your auto accident happened, it is possible for other factors to influence your final case award. Therefore, if the defendant caused the accident through DUI or any other illegal misconduct, they may owe you punitive damages and/or restitution along with your other civil damages. Alternatively, if you bear partial responsibility for causing your accident, this will diminish your recovery.
The state previously upheld the pure comparative negligence law, allowing a plaintiff who shared fault with a defendant to recover compensation less a percentage equal to their percentage of fault for the incident. Now the state enforces a modified comparative negligence law with a 50% fault threshold. As long as the plaintiff is less than 50% at fault, they can still recover their damages, and they will have their fault percentage deducted from their case award. However, if their fault exceeds 50%, they cannot claim compensation from the liable party.
No matter how complex or straightforward you believe your impending car accident case to be, you have the greatest chance of maximizing your recovery with an attorney’s assistance. Spohrer Dodd Trial Attorneys has built a strong professional reputation thanks to our commitment to our clients’ recoveries. Whatever your case entails, we can help develop an individualized legal strategy to maximize your compensation in the most efficient manner.
A: Most car accident victims will receive settlement checks from their insurance carriers within a few weeks of filing their claims. Having an experienced Baldwin car accident attorney help with the claim filing process will significantly reduce the time it takes to receive your settlement, and you will be prepared to address any disputes that arise regarding your claim. The state follows the no-fault rule for car insurance claims, so proving liability is not an issue for most claimants, but some car accident victims will still encounter disputes with their insurance carriers and may need help recovering fair compensation for their claims.
A: Florida’s no-fault rule for car accidents may appear to prevent you from filing a civil suit against the driver who caused your accident, but this isn’t necessarily true. While you do need to file a claim against your own auto insurance at first, if your damages exceed your coverage and another driver is clearly to blame for the accident, you have the right to file a civil claim against them. Consult a Baldwin car accident attorney if you are unsure whether you have grounds to file a personal injury claim against another driver.
A: The state enforces a four-year statute of limitations for personal injury claims. This means you must file your suit within four years of the date your accident occurred. This is more generous than the two-year statute of limitations that most other states enforce for personal injury claims, but it is still advisable to seek trustworthy legal counsel as soon as possible after your accident to increase your chances of success with your claim.
A: Technically, no, you are not legally required to hire an attorney to file any type of civil claim for damages. However, you have a significantly higher chance of winning your case if you have legal representation. Your attorney can significantly reduce the time it takes you to prove liability and secure compensation for the damages you suffered. You will also be prepared to address any disputes regarding liability for your damages, and your attorney may reveal recovery opportunities you did not realize were open to you.
A: Spohrer Dodd Trial Attorneys makes legal representation accessible to those who need it most with contingency fee billing. Under this billing arrangement, you will not pay anything for our services until we secure compensation for you, and your contingency fee will only be a portion of your total case award. If our team cannot secure compensation for the damages you suffered for any reason, you are not required to pay any legal fees, so there is no financial risk to hiring Spohrer Dodd Trial Attorneys to represent you in a car accident claim.
Spohrer Dodd Trial Attorneys has successfully represented many past clients in a wide range of auto accident claims, and we know the various legal challenges you might encounter as you seek compensation for the damages you suffered. When you hire our firm to represent you, you will have access to a responsive and experienced team of legal advocates who can answer any questions you have as they arise. Our goal in every case we accept is maximum client recovery, so if you are ready to learn how an experienced Baldwin car accident attorney can help you with your claim, contact us today and schedule your free consultation with our team.