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[av_heading heading=’I was injured in an accident – do I have a personal injury case?’ tag=’h1′ style=’blockquote modern-quote modern-centered’ size=” subheading_active=” subheading_size=’15’ padding=’10’ color=’custom-color-heading’ custom_font=’#ffffff’ custom_class=”][/av_heading]
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[av_heading tag=’h3′ padding=’10’ heading=’It depends. Not every accident results in a claim. From every accident, however, there are often three things to consider:’ color=” style=’blockquote classic-quote’ custom_font=” size=” subheading_active=” subheading_size=’15’ custom_class=”][/av_heading]

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Property Damage

Is my car damaged, and if so who will pay? If the accident is the other driver’s fault they should have insurance to pay for property damages up to a minimum of $10,000. If the accident is your fault, and if you carry comprehensive property damage liability coverage, your own insurance, regardless of your fault, will pay to fix your car.

Personal Injury Protection (PIP)

Commonly referred to as no-fault car insurance, your insurance company pays for 80% of medical expenses you incur and 60% of your lost wages – whether you were at fault or not. PIP covers policyholders when driving or when passengers of their insured vehicle, when injured outside an insured car and when driving or as a passenger of an insured car that is not theirs. There are a few exceptions.

Bodily Injury claim

You will have a personal injury case if the car accident was due to the adverse driver’s negligence, you sustained some injuries which meet the injury threshold and the adverse driver carries bodily injury (BI) coverage. Be wary, however, because BI is not required. If the at fault party does not have BI you can make a claim against your policy if you carry uninsured or underinsured motorists coverage.
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[av_heading tag=’h2′ padding=’10’ heading=’Other Considerations:’ color=” style=’blockquote modern-quote’ custom_font=” size=” subheading_active=” subheading_size=’15’ custom_class=”][/av_heading]

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Statute of Limitation

You generally have a 4-year window from the date of the accident to initiate a legal proceeding, inclusive of the weekends and holidays, and missing the limitation even by a single day may bar your claim. If the claim involves an at-fault party that is a state agency, like a county vehicle, the SOL is shortened to two years and requires certain notice provisions.

Insufficient Evidence

This may lay ground for your case to be dismissed. It may occur when your memory fades, or when the evidence summarily disappears. To avoid it, be sure to preserve your evidence at the earliest opportunity, including photographs of the scene, the involved vehicles, skid marks, traffic lights and signs, sustained injuries, records of medical bills, and other documents of hospitalization.

Comparative Negligence

Or otherwise called shared responsibility can also complicate but allow certain claims to proceed. Florida law allows a claim against a responsible party and does not require that the responsible party be completely at fault, although their percentage of negligence will be the percentage of damages they are ultimately responsible for.

You are better seeking legal assistance when the deadline for filing is approaching or when you have sustained any bodily injury. For assistance and inquiries, call Board Certified Civil Trial Lawyer Hutch Brock at his firm, Brock Law, at (813) 333-7267 or send a message to Brock Law.
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