Should you handle your Florida car accident claim yourself? Do you really need the help of an attorney? If you want the short answer, it would be that we wholeheartedly recommend reaching out to an attorney if you want to obtain maximum compensation. All too often, we see people trying to fight their own car accident claim battle. Although you will certainly find success stories online, the vast majority are overwhelmed and don’t get the compensation they deserve. Meanwhile, they’re trying to recover from various injuries at the same time.
Steps to Take After a Car Accident
Getting involved in a car accident can be scary, but a cool head will often lead to the best results with the claims and cases that follow. In the minutes after an accident, and in the days following the accident, the actions you take can make the difference. Especially if you plan to claim for damages, we assume you want a respectable compensation amount.
Later, we’ll explain how an attorney can help your case. For now, here’s our advice for anybody involved in a car accident.
Step 1 – Get Medical Attention
First and foremost, your health should always take priority. Even if you feel fine, we recommend getting medical attention. You might only feel a couple of scratches on the outside, but doctors will need to assess to ensure you aren’t bleeding from the inside. Also, we should note that adrenaline often hides serious injuries after a car accident. The adrenaline is surging around the body and this masks what has the potential to be quite damaging.
Not only is medical attention important for your health, but it’s also important for your case. If the insurance company refuses to pay, you’ll have paperwork proving your injuries. With this in mind, we recommend keeping all paperwork you receive in the days after the accident.
Step 2 – Contact the Police
If the accident is a serious one, you won’t need to contact the police because emergency services will be present anyway. When the accident is less severe, police might suggest filing a report online rather than officers attending the location. If you want to obtain compensation for injuries, filing a report is essential. Of course, the best step will always be to wait for an officer because then you can have a copy of the police report.
Step 3 – Gather Evidence and Information
Next, speak to all other drivers involved in the accident and write down their contact information. If possible, get their email address and phone number as well as their name. If you have time, and your injuries aren’t preventing you, take their license plate and insurance details too.
If you really want to make your case easier, you can even note:
- Road conditions
- Any hazards that may have caused the accident
- Weather
- Time
- Exact location
What’s more, list any observations you made about the accident. Do you smell alcohol on the other driver? Did you spot them turning around to speak to somebody in the back? Maybe they were on the phone?
Another tip we have is to take videos or photographs of the scene; the beauty of today’s world is that we all have high-quality cameras in our pockets thanks to the rise of smartphones. Get pictures of the damage to each vehicle, injuries, license plates, and anything else you think will be useful.
Step 4 – Speak to Witnesses
If the other driver wants to have a discussion about the accident, don’t ever admit blame or have a conversation about fault. One mistake at this stage and you could limit potential compensation opportunities later when working with a Florida lawyer. This being said, you should speak to witnesses, get their contact information, and even take statements on the spot. Although law enforcement should speak with witnesses, there’s no harm in doing some investigative work yourself.
Step 5 – Keep Records and a Journal
In the days after your accident, keep records of absolutely everything. This includes proof of lost wages, police reports, medical bills, and receipts for vehicle repairs. If you have any doubts about whether you can claim something, keep the receipt.
At the same time, we also advise victims of accidents to keep a journal of recovery. In Florida, non-economic losses like pain and suffering cannot be claimed through insurance. However, if we think the case warrants it, we will seek these types of damages in a personal injury lawsuit. Therefore, daily entries into this journal will show any potential judge your pain and struggles while recovering. Even if it can’t be entered as evidence, it will still help to communicate with your attorney.
Working with a Car Accident Attorney
Of course, another step in this process is to contact an attorney, but this is the whole debate of this article. Fortunately, we’ve listed some of the benefits of NOT going it alone and contacting professional help.
1. Allow You to Recover
After a serious accident, most of the steps listed above will be difficult. While you’re dealing with serious injuries, the last thing you want to do is gather evidence and contact the police. What’s more, something we haven’t even mentioned yet is the process of dealing with insurance adjusters. People often think that insurance companies are on the victim’s side, but this isn’t the case. Instead, they always have their eyes on their profit total. Therefore, they will use tricks to get the victim to admit a portion of blame; by doing this, they don’t have to pay quite so much in compensation.
The car accident lawyers at The Injury Firm have the experience and know-how you need to get the result you desire. Whether you’re making an insurance claim or need to go all the way to court, allow our team to work on your behalf while you focus on recovery. If you weren’t able to speak to witnesses at the accident location itself, we’ll gather evidence and do all the hard work for you.
2. We’re an Insurance Company’s Nightmare
That’s right, insurance companies hate it when accident victims hire legal support. Since they want to reduce the amount they pay, this is much easier when somebody tries to handle their Florida car accident on their own. As soon as you hire professional assistance, they know that things are about to get more difficult. With an attorney by your side, you’re far more likely to get the compensation you deserve.
As your attorney, we’ll explain when you should and shouldn’t speak with the insurance company. Normally, the early offers are just to get the case done and forgotten about. What’s more, they’ll also get you to sign a document that prevents you from ever claiming again. We know the tricks of insurance companies, and we’re here to make their lives difficult.
3. Claiming is Stressful and Confusing
In Florida, recovering compensation is confusing…there’s no doubt about it. Why handle all of this stress and pressure yourself when you can hire professionals who go through this sort of thing daily? At The Injury Firm, we have vast amounts of experience in road accidents of different types. We will listen to the circumstances surrounding your case and then protect your legal interests at all times. Even if you have a simple question, just get in contact and we will ease your concerns and provide the advice you need.
4. Compensation while Sharing Blame
Even if you share the blame with another road user, this doesn’t mean you aren’t entitled to any compensation at all. Normally, insurance companies will intimidate individuals and deny any claim immediately. Just because you share fault, you may still be entitled to damages in Florida. The work we perform on your behalf will shift the balance of blame in your favor, and you’ll receive compensation for the parts that weren’t your fault.
5. We Have Resources
At this time, we know that there’s pressure on your finances. While you’re not earning income, medical bills are increasing. During this, you don’t then want the financial burden of filing a report and making a claim. For many, they’re forced into an early settlement for less than they deserve. Why? Because they don’t have the resources to take the case any further.
At The Injury Firm, you guessed it, we have the resources to see your case through to the end. You will only pay us when the case is resolved, and we can take the case to court if necessary.
No-Fault Insurance Laws in Florida
While reading this, you might be wondering why insurance companies play such a large role. Isn’t it the insurance company of the guilty party who deals with it all? No, and this is because Florida has no-fault insurance laws. Essentially, this means that the cause of the accident isn’t important, each party will make a claim to their own provider. While this is simple enough for drivers, cases serious enough will commonly go beyond the limits of a standard policy. Therefore, additional compensation is only available when you reach out to the insurance company of the other driver for extra compensation.
In many cases, personal injury protection (PIP) only pays 80% of medical bills. Furthermore, only 60% of lost wages are covered. The end result is that the victim is left to absorb the rest. By working with a trained attorney, you get ALL of the compensation required to move forward after an accident.
How Will The Injury Firm Help?
Firstly, we should note that there is a strict statute of limitations in Florida with regards to car accidents. From the date of the accident, you need to make a claim within four years. After the first phone call, we will arrange a free consultation to discuss your case. If we go ahead with the case, we start working immediately. In Florida, we need to consider the law of negligence, and proving negligence is often the key to a successful claim or case.
While you focus on recovering from your injuries, we will gather evidence, talk to eyewitnesses, and start building a strong claim. All the while, we’ll provide advice because the insurance companies will start to get in touch looking for a statement. We’ll take all the paperwork you kept while also seeking anything else that’s missing; this might include police reports, medical records, statements, and other documents.
When making the claim, we’ll talk you through the first settlement offer. Typically, this is a low offer to encourage you to take the money. We’ll tell you how close the amount is to what you should expect for your type of case. We’re skilled in negotiation and our experience allows us to determine a fair offer from a poor one.
If the insurance company refuses to make a fair offer, the next step is litigation. While most personal injury cases don’t need this stage, we aren’t afraid to keep pursuing the compensation you deserve. If the insurance company tries to blame you in some way, we will have the evidence to suggest otherwise. Hopefully, the judge will see the clear evidence and rule in your favor.
Conclusion
If you’ve been in an accident, follow our advice and get in touch with us as soon as possible. According to Florida law, filing a report is essential to any case, so don’t forget this. If the police didn’t attend the accident, you should file a report if:
- You experienced injuries and are in pain/discomfort
- The damage to your car (or both combined) exceeds $500
- A vehicle was towed away after the accident
- An involved driver was drunk or driving a commercial vehicle
Reach out to our passionate and determined team today; we’ll assess your case with a free evaluation. If you choose us, we’ll protect your legal rights and help you return to some form of normality after this traumatic ordeal.
