You had a car accident, and now you’re wondering what you can do to recover your losses. In this article, we’ll answer the most frequently asked question: how much can someone sue for a car accident in Florida, and how can you determine an appropriate amount to sue for your case?
How Much Can Someone Sue for a Car Accident in Florida?
The answer to this question depends on several factors, including the severity of the accident and the injuries sustained. Car accident victims in Florida have a lot on their minds right after a collision. They are apprehensive about their health and the safety of any passengers involved in their vehicle or other automobiles. In addition, they are preoccupied with contacting the police and seeking medical attention.
However, more pressing concerns emerge, such as the cost of repairing their vehicle, medical bills, and the possibility of missing work. Under Florida law, an injured victim must file a lawsuit within four years of the date of the accident. However, for the plaintiff to be reimbursed, the claim must be fair and backed by evidence.
Personal Injury Lawsuit Following a Florida Car Accident
There is no stipulation for how much someone can sue for a car accident. You will need to hire an attorney who will gather facts and information to determine the value of your claim. It isn’t fixed, as many factors determine your injury, including financial losses like medical bills. There are also intangible losses such as physical discomfort, mental distress, anxiety, and loss of enjoyment of life. Once these have been calculated, it is possible to decide on the amount you could sue, so validity is crucial. If the jury or judge deems the amount unrealistic, this could jeopardize your case.
Florida is a “no-fault” state, meaning that it does not matter who is at fault; you are obligated to file a claim under your Personal Injury Protection (PIP) insurance coverage. Your injury only qualifies for a lawsuit if it reaches specific statutory requirements.
In Florida, Is There a Ceiling on Car Accident Damages?
Florida law does not place a cap on damages in a car accident. However, the sum requested in demand must be reasonable and substantiated by facts, and damages cannot be claimed based on speculation or ambiguity. Nonetheless, the amount that someone could receive is not boundless. For example, if a jury awards $1,000,000 in damages to an injured victim but the insurance policy limit is $500,000, the plaintiff will only receive $500,000. In this case, you may also be able to sue the other driver directly.
If you have been involved in a vehicle accident, a car accident attorney will evaluate the details of your case to help you decide what your next step should be.
What are the Requirements to File a Lawsuit in Florida?
In order to file a lawsuit for a car accident in Florida, the following requirements must be met:
- The accident must have resulted in injuries.
- The other driver must have been at fault for the accident.
- There must be evidence to support the claim that the other driver was at fault.
- The victim must file a personal injury claim.
Do You Have Other Questions About Personal Injury or Car Accidents? Get in Touch with Pacin Levine!
As with any legal matter, there is no one-size-fits-all answer to what someone can sue for in a car accident. To help determine an appropriate amount to sue and take steps towards seeking financial compensation after an auto accident, get in touch with Pacin Levine today.