Top Factors That Could Affect Your Car Accident Case

July 11, 2022 | By Frankl Kominsky Injury Lawyers
Top Factors That Could Affect Your Car Accident Case Have you recently been involved in a car accident in Boynton Beach, Florida? If so, you may be wondering how the rest of your case will unfold. Florida has unique car accident laws compared to other states, so it’s important to know how these accidents are handled and what can impact your case.  The goal of any car accident victim is to seek immediate help and then find ways to seek compensation to financially recover from medical bills and other damages. This can be sought through insurance or a potential lawsuit if an agreement cannot be reached. Before you try to tackle this on your own, you should be aware of the top factors that could affect your car accident case and how a Boynton Beach car accident attorney can help. 

How Car Accidents are Handled in Florida

Car accident cases are handled uniquely in Florida because of the modified-comparative fault system that is in place. This guideline reduces the chance of being able to file a lawsuit against the other driver unless your case meets one of the following requirements:
  • Your medical bills exceed several thousands of dollars
  • You have suffered extreme injuries
The modified-comparative fault system requires all Florida drivers to carry a minimum of $10,000 in personal injury protection and property damage liability. This is your first solution for compensation to help cover medical bills (current and future) and lost wages from time off work after a car accident.  When you file for insurance after a car accident, your PIP will cover expenses, and so will the other driver’s PDL coverage, assuming they carry the coverage. Not all drivers follow the rules in Florida, and it’s possible you might have an accident with an uninsured driver.  If your insurance and the other driver’s PDL insurance do not effectively cover your incurred expenses, it is recommended to consult with an attorney about the next steps to take in seeking compensation to help cover damages and subsequent bills. 

Impactful Factors that Can Affect Your Car Accident Case

Not all car accidents in Florida are handled through insurance; there are some that are eligible for lawsuits when certain factors impact settlement negotiations. When a person in Florida files a lawsuit for a car accident, they have two options to recover damages: through negotiations with the other driver, their attorney, and a mediator, or in court, where a jury will be responsible for awarding damages.  Regardless of if you’re seeking compensation through your insurance, mediation, or court, here are impactful factors that can affect your car accident case and how much you receive. 

1. Injuries Sustained

The extent of injuries from car accidents play a big part in settlement negotiations. The more severe your injuries are, the more assistance you should ideally seek. Severe injuries such as disabilities, dismemberment, wrongful death, or life-altering conditions are more likely to reach higher settlements than concussions, cuts, fractures, or broken bones. It also depends on what you will need in assistance as you heal from the accident, such as if you need physical therapy or medication. 

2. Preexisting Conditions

If you have preexisting conditions before the wreck, this can impact your case even more. Preexisting conditions can count as anything from your own health to how the wreck unfolded, and they can greatly impact your case. For instance, if you were perfectly healthy before the wreck but the accident was so extreme that it left you with a disability that places you out of work permanently, this is a factor that can affect a settlement. 

3. How You Take Action

How you handle your case and how quickly you take action are also important when seeking compensation. In Florida, car accident victims have two years from the date of the crash to file a claim, whether it’s with insurance or a potential lawsuit. It is better for you to file your claim as soon as possible rather than waiting because if you file after the two-year deadline, your case may not be taken seriously and will likely be dismissed. It’s also important that you seek medical attention. If you have suffered from severe injuries and don’t do what your doctor recommends, it can signal that you are either not as hurt as you said, or once again, that your case is not that serious. Car accident victims should always handle car accident cases correctly and timely while listening to medical professionals to recover.

4. Evidence You Collect

The evidence you collect from the scene can greatly impact your claim and the way your attorney can help. Some victims may be wrapped up in the adrenaline and shock that comes with car accidents that they forget to collect certain evidence for their attorney to use later.  The best item of evidence any car accident victim can collect from the scene are photos that clearly show the accident and its effects. Take photos of your injuries, your vehicle, the other driver’s vehicles, road conditions, and anything else that can serve as proof. Also, if you notice any witnesses nearby that saw the accident, collect their contact information if they are willing to provide a statement later on. 

5. If You Hire an Attorney

Hiring an attorney can be very beneficial for your case and should not be looked over. Some people try to handle car accidents on their own without the help of an attorney, but those that handle claims this way often do not see the same results. Attorneys can greatly impact your car accident case and help negotiate with their legal skills and knowledge. Your attorney can speak to your insurance adjuster on your behalf to optimize your chances at seeking adequate compensation and advise you throughout the process about how to proceed. It’s recommended to contact an attorney right away.

How Frankl Kominsky Can Help 

If you’re in the Boynton Beach, Florida, area and have recently suffered from a car accident, let the legal experts at Frankl Kominsky Injury Lawyers help you. We understand how confusing car accidents can be, which is why we want to assist you with our high-quality legal skills.  Optimizing your chances for a successful outcome from these accidents begins with handling your case appropriately. Our forty years in practice have given us the background, knowledge, and resources to set you up for success with your insurance or other avenues.  Schedule your free consultation with us today by calling (561) 800-8000 or leave your name and contact information on our online form. We will reach out and schedule a day and time that is convenient for you to meet one-on-one with one of our attorneys.  It’s important to act quickly in these instances to receive the help you need. Let Frankl Kominsky Injury Lawyers help you seek compensation today. 

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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