South Florida Injury Lawyer Blog
If you’ve been injured in a car accident in Florida and your expenses exceed your insurance policy limit, you may still be able to receive additional financial compensation for your injuries. However, you need an experienced personal injury attorney to help you. Our team is an expert in investigating every aspect of your case to help you get the money you need and deserve.
Florida PIP policies and your options
Florida requires that everyone who has been in an accident involving a self-propelled vehicle (car, truck, motorcycle, etc.) turn to their PIP coverage first. Every Florida auto policy must carry Personal Injury Protection (PIP), which covers up to 80% of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, regardless of who caused the crash. If the injuries cause a loss in wages, PIP can cover up to 60% of these lost wages, up to $10,000.
But if you’ve been seriously injured, this is clearly inadequate. Your insurance policy limit will be reached quickly and you will need more money to cover your expenses and compensate for your losses. Our team can review every aspect of your car insurance and medical insurance policies to maximize the compensation you receive through these policies. Then, as your legal representatives, we can scrutinize the insurance policies of any and all people or entities who may have been negligent in any way, contributing to your injuries.
Do not try to go up against an insurance company on your own. They know how to exploit loopholes in their policies, they can twist ambiguities in the law, and they have perfected strategies that frighten or trick you into making statements or signing agreements that will limit your compensation. Unfortunately, it is their job to do what’s best for the company, not what’s best for you. That’s why you need someone working for you who knows more than they do and can beat them at their own game.
Getting the compensation you need
Insurance companies do not always negotiate “in good faith,” which means they are not doing their best to be fair and timely in their negotiations. Because of my years of experience, I can recognize this behavior quickly and can require that they cooperate in good faith, or I’ll take your case to court. Most insurance companies will quickly begin to negotiate fairly, because court cases expose them to great risk. Juries often favor injured parties and grant significant awards. Even if you were partially at fault for the accident, you might be eligible for compensation. Florida follows the “modified comparative negligence” system. This means that, in a lawsuit, fault is distributed between parties. If you were 50% at fault for the accident or less, you can recover your damages, though your compensation will be reduced in proportion to your percentage of fault
For example, if you were in a serious car accident and PIP covered only a fraction of your medical expenses and lost wages due to your insurance policy limit, you could sue a third party for additional compensation. If the court awarded $1,000,000 but apportioned to you 40% of the fault for the accident, you would still receive 60% of the award, or $600,000. In addition, for serious negligence, additional punitive damages may be awarded, which can be significant.
Since insurance companies cannot trust what a jury will do or how much they will award an injured party, they rarely risk going to court. And since I have a track record of winning significant awards for my clients, insurance agents in Florida are often willing to cooperate in my cases and negotiate fair compensation.
As an expert in personal injury law and a lifelong Florida resident, I’m dedicated to helping injured Floridians get the compensation they need to live as comfortably as possible following an injury. I will dive deeply into the details of your case to discover any and all factors involved in your accident to present the strongest argument for compensation. I have a long track record of winning significant awards in court or settlements. Contact me today at (954) 448-7288 so that we can discuss the details of your accident.