After experiencing a car accident, there’s often lots of confusion regarding damages and compensation. While trying to recover from an accident, you’ve also got five different devices open researching what you can and can’t claim. Every state seems to have different rules, you aren’t sure whether claiming is possible, and you want to know whether you can sue for more than damages after a car accident.
Don’t worry, the first thing we should say is that The Injury Firm is here to help. With plenty of experience in the field, we know what it takes to claim compensation and ensure that you don’t pay for medical bills and lost wages when you weren’t to blame for the initial accident. We’ll protect your legal rights, gather evidence, and negotiate with insurance companies on your behalf.
The second thing is that you’re going to learn everything you need to know in this detailed guide. You’ll learn how to sue for damages, how the laws work in Florida, and the potential to sue for more than damages after a car accident.
Car Accident Laws in Florida – PIP, No-Fault State, and Comparative Negligence
Before anything else, it’s important to understand the laws in Florida because this underpins everything else that we’ll discuss in this guide. First and foremost, Florida is considered a ‘no-fault’ state, and this often causes confusion. Why? Because people think that they can only receive the amount available through Personal Injury Protection (PIP) insurance. This isn’t the case.
Being a no-fault state means that your first claim will always be through your own insurance provider. As long as you receive medical attention within 14 days of an accident, PIP covers around 80% of all medical expenses. In addition to this, PIP also offers 60% of lost income. With this, you get help after an accident when you’re forced into medical care and aren’t well enough to work.
However, there are limitations to PIP and these are highlighted with more serious accidents. For example, you’ve just seen that it doesn’t cover all medical expenses nor are you refunded for all lost wages. For those who need emergency care, there’s also a cap on what an individual receives after an accident. As soon as you’ve received the maximum amount, it’s impossible to recover more, and this is where comparative negligence comes in.
If another driver was responsible for your accident, even if you share some of the blame, you’re entitled to compensation to cover the related expenses. Working with a personal injury attorney, the pure comparative fault rule means that you can receive damages, even if these damages are reduced by your share of the blame.
As an example, let’s say that the total damages are $50,000. However, the jury has decided that you’re 20% responsible for the accident. In this case, you will receive 80% of the damages since this is the percentage that the negligent party was responsible. Depending on the circumstances, you could even receive compensation after you were found to be 60% responsible and the other party 40%. However, this works on a case-by-case basis and we recommend speaking with a car accident lawyer.
Ultimately, the truth is that victims are entitled to compensation for damages caused by another driver. If PIP isn’t enough to cover medical bills, lost wages, and other damages, a car accident attorney will help to file a personal injury claim to recuperate the rest.
Before moving on, we should note that the statute of limitations in Florida is currently four years. In other words, you’ll need to file a claim against the other driver within four years of the accident. Otherwise, you’ll lose the ability to do so. Just because you have four years, this doesn’t mean that you should wait to contact The Injury Firm. The sooner we get involved, the easier it is to gather evidence and build a strong case on your behalf.
Can I Sue for Damages?
One of the most common questions after experiencing a car accident is whether you can sue for damages or not. Unfortunately, we can’t provide a definitive answer in this guide because it all depends on the accident, the extent of your injuries, and various other factors. For personalized advice, arrange a free consultation with a personal injury attorney today.
Although we can’t provide personalized advice, what we can do is talk about general cases and the circumstances in which victims normally sue for damages. For example, this could be when your insurance company doesn’t cover the cost of all losses after a car accident. While Personal Injury Protection is certainly useful, the 80% limit on medical expenses and overall cap can still wreak havoc for victims.
If you weren’t to blame for the accident at all, this is another area where you may want to consider suing for damages. If the other party was negligent, they’re responsible for the associated damages whether this is pain and suffering, lost income, medical expenses, or other damages.
Throughout this guide, we’ve focused on the drivers and assumed that one party (or both) was responsible for the accident. Yet, this isn’t always the case. In the past, we’ve seen people injured as a result of a faulty vehicle. Car manufacturers have a responsibility to develop safe vehicles, so you could file a product liability claim if the vehicle was faulty and caused your accident.
If you’ve experienced a serious injury as a result of negligence from another driver or a vehicle manufacturer, please feel free to contact The Injury Firm today. Every case has complexities and intricacies that deserve the attention of an experienced and knowledgeable car accident attorney. Don’t go it alone when we have a full understanding of the Florida laws and how to obtain compensation after an accident.
Negligence, Injuries, and Damages
One of the most frustrating things about accidents on Florida roads is that a large percentage are avoidable. Why? Because they’re caused by negligence. For example, in 2017, alcohol was responsible for 5,100 accidents in Florida. What’s more, the biggest cause of accidents in Florida is still distracted driving. Unfortunately, this comes in many forms including:
- Eating food
- Drinking
- Turning around to talk to people in the back
- Looking into the rear-view mirror
- Taking a phone call
- Texting
- Watching TV or videos on a tablet/mobile
Elsewhere, people are negligent and reckless on the road when they ignore traffic signals, drive over the speed limit (or significantly under it!), use poor lane discipline, and don’t obey the road markings.
Sadly, negligent and reckless driving has the potential to cause serious accidents and serious injuries. Over the years, we’ve seen personal injury cases with spinal cord damage, traumatic brain injuries, paralysis, and even death. Even in moderately severe accidents, this can still cause broken bones. As you can probably imagine, the most serious cases result from the most serious accidents and injuries.
Before looking at whether you can sue for more than damages, we first need to learn what these damages are after a car accident. When working with a personal injury attorney, your case could contain the following:
- Medical expenses (existing and future)
- Pain and suffering
- Lost wages
- Emotional anguish
- Rehabilitation
It’s important to remember that the main aim of compensation is to recover costs resulting from an accident that wasn’t the victim’s fault. However, can you sue for more than damages after a car accident?
Suing for More Than Damages
Sadly, some people pass away in a car accident and it’s a horrible loss knowing that it could have been prevented. The inevitable legal proceedings that follow are painful, so it’s critical to work with a caring and compassionate legal team. Wrongful death lawsuits have additional damages that aren’t normally applied to less serious accidents. This includes loss of companionship, funeral expenses, loss of consortium, and loss of protection and guidance.
With this in mind, it shows how each case is unique and how the damages recovered also change from one lawsuit to the next. However, it’s also possible that you can sue for more than the damages you experienced as a result of the accident, and this is called punitive damages.
Punitive Damages
While all the damages we’ve covered so far are called compensatory damages, punitive damages take the attention away from the plaintiff and put the spotlight on the defendant. Though you will get extra compensation from punitive damages, the idea is actually to punish the negligent driver and prevent such a situation from arising again.
During your research, you may have found that punitive damages aren’t an option in Nebraska, Louisiana, and a small number of other states. In Florida, you may receive punitive damages in two scenarios, and it all comes down to the personal injury attorney proving one of the following:
- Gross Negligence – This is where not only the life and safety of others but also the rights of others were put at risk due to the careless or reckless driving of the guilty party.
- Intentional Misconduct – On the other hand, this is where the driver took unnecessary risks while knowing that the actions put other road users in danger.
The reason that these two factors are uncommon in personal injury cases is that most can’t be described as intentional misconduct or gross negligence. While the guilty party might show some negligence or reckless driving, it doesn’t fall into the realms of these two more serious categories. As such, it would be unfair to punish the drivers beyond compensation to the victim.
However, this isn’t to say that punitive damages are never awarded, and it isn’t to say that your case shouldn’t include punitive damages. After an initial meeting with a car accident lawyer, you’ll quickly learn the best course of action for your case.
In Florida, there’s a cap on what victims can receive where punitive damages are awarded. In the vast majority of cases, victims can only receive the greater of $500,000 or three times the compensatory damages.
We said that this was applicable in the ‘vast majority’ of cases, and this is because there’s an exception to the rule (as there so often is in the legal world!). If you can prove that the defendant sought financial gain and showed intentional misconduct for this purpose, the limit is increased to the greater of four times the compensatory damages (or $2 million).
Compensatory damages include medical bills and other expenses that arise as a result of the car accident, and punitive damages allow drivers to sue for more in the case of intentional misconduct or gross negligence.
Taking Legal Action After a Car Accident
If you’re to recover compensation after a car accident, legal assistance is essential. Without it, insurance companies will take advantage of your inexperience and lack of knowledge in the field. Soon enough, an adjuster is trying to play down your injuries and the amount you receive doesn’t cover your costs (if you receive anything at all!).
With any car accident, the first job is for your car accident attorney to determine liability. Although it might seem obvious to those involved in the accident, you still need to prove that the other driver is liable on a professional platform. An experienced lawyer will communicate with eyewitnesses, gather evidence, keep all documentation, and prove liability correctly.
The Injury Firm will negotiate with insurance companies while still having the resources to take the case to court if no acceptable settlement is offered.
Can you sue for more than damages? In severe cases, you may claim punitive damages where gross negligence or intentional misconduct is present. Also, your case will contain damages that have already occurred as well as expenses likely to arise in the future. For more help and information, contact the hard-working team at The Injury Firm today. As well as a free consultation, you won’t pay for anything until the conclusion of the case itself and then only if you win!
