A car accident can take seconds. Dealing with everything that follows can take months or years.
Medical appointments, missed work, vehicle repairs, insurance adjusters and unexpected bills can quickly become overwhelming. And while you are trying to recover, an insurance company may already be investigating how much it can avoid paying on your claim.
The Law Office of Matthew Konecky, P.A. represents people injured in motor vehicle accidents in Palm Beach Gardens, West Palm Beach, Jupiter and throughout Palm Beach County.
Our goal is not simply to open an insurance claim. It is to identify every available source of recovery, document the full impact of the accident, and put our client in the strongest possible position to resolve the claim.
What Should I Do After a Car Accident in Florida?
Your health comes first. Seek appropriate medical attention and describe your symptoms accurately to your medical providers.
You should also:
- Report the accident to law enforcement when required.
- Photograph the vehicles, roadway and visible injuries if you safely can.
- Obtain the other driver's insurance information.
- Get the names and contact information of witnesses.
- Notify your insurance company.
- Preserve photographs, videos, dash-camera recordings and documents.
- Avoid giving an unnecessary recorded statement to the other driver's insurance company.
- Speak with a lawyer before signing releases or accepting a settlement.
Evidence can disappear surprisingly quickly. Vehicles are repaired, surveillance recordings are erased and witnesses become harder to locate.
Early investigation can make a significant difference.
Florida's No-Fault Insurance System and PIP
Florida generally requires owners of registered motor vehicles to maintain Personal Injury Protection insurance, commonly called PIP.
PIP may pay a portion of certain medical expenses and lost wages following an accident regardless of who caused the crash, subject to the policy terms and Florida law.
One particularly important rule involves medical treatment after an accident. Florida's PIP statute generally requires an injured person seeking PIP medical benefits to receive qualifying initial services and care within 14 days after the motor vehicle accident.
That is different from the statute of limitations for filing a negligence lawsuit.
Waiting to seek treatment can also create another problem: an insurance company may argue that a later medical complaint was unrelated to the crash.
Suggested internal link: Learn more about Florida PIP insurance → PIP page/blog.
When Can I Recover Compensation From the Other Driver?
PIP does not necessarily compensate an injured person for everything lost in an accident.
Depending upon the circumstances, a claim may be available against an at-fault driver and potentially other responsible parties.
Florida law also places restrictions on recovering certain noneconomic damages arising from automobile accidents. Whether the statutory injury threshold is satisfied can become an important issue in a significant injury case.
Potential compensation may include:
- Medical expenses
- Future medical care
- Lost income
- Reduced future earning capacity
- Pain and suffering when legally recoverable
- Disability or physical limitations
- Scarring or disfigurement
- Other legally recoverable losses
The appropriate value of a claim depends on the evidence, not an online settlement calculator.
Palm Beach Auto Accident Insurance Claims and Negotiation
We will review all aspects of your specific case and present you with your options so you can make the most informed decision. As an individual who has been injured, you deserve justice and to be compensated fairly and adequately. The reality is that insurance companies’ priorities are to generate income for their shareholders, not to pay claims. That means you can expect lowball offers from insurance companies if you don't know the law well enough. We will file insurance claim paperwork on your behalf and negotiate with the insurance company so that you receive the full benefit you are entitled to under the policy.
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What If the Other Driver Does Not Have Enough Insurance?
This is one of the first questions we investigate.
A serious injury can easily exceed the insurance available from the person who caused an accident.
That is why Uninsured/Underinsured Motorist coverage (UM/UIM) can be extremely important.
UM coverage may provide compensation through your own applicable insurance coverage when the responsible driver has no bodily injury coverage or insufficient coverage to compensate you fully.
There may also be additional policies or responsible parties that are not immediately obvious.
What If I Was Partially Responsible for the Accident?
Being partially responsible does not necessarily eliminate a Florida negligence claim.
Florida uses a modified comparative negligence system for negligence actions subject to the statute. Fault may be allocated among the parties, and a claimant's percentage of responsibility can affect the amount recoverable. Under the current statute, a claimant found more than 50 percent at fault for his or her own harm generally cannot recover damages in a negligence action subject to that provision.
This makes disputed-liability cases especially important to investigate carefully.
Insurance companies may have a financial incentive to shift as much responsibility as possible onto the injured person.
How Long Do I Have to Sue After a Florida Car Accident?
For many Florida negligence claims accruing after March 24, 2023, Florida law provides a two-year statute of limitations.
But do not assume every accident has the same deadline.
The accident date, identity of the defendant, nature of the claim and other circumstances can affect the applicable limitation or notice requirements. Claims involving governmental entities can involve additional procedures and deadlines.
Older accidents may also be governed by different law.
More importantly, the statute of limitations should not be treated as a reason to wait. Evidence can disappear long before a lawsuit deadline expires.
How Soon Should I Hire a Lawyer After a Car Accident in Palm Beach County?
The four-year statute of limitations in Florida should not dictate when you hire a personal injury attorney. The first step after an injury is to seek out appropriate medical attention. Without this, your claim may be invalid or result in diminished case value. These are some simple mistakes you can avoid after an accident to maximize your personal injury claim.
The next step is seeking out an experienced car accident lawyer. The sooner you hire a lawyer after a car accident, the more time the lawyer will have to evaluate the claim, gather resources, and talk to witnesses to determine how strong your car accident claim is. The quicker you act and the more evidence you gather from the moment the accident occurs, the stronger your personal injury claim will be.
Our Proven Car Accident Lawyer in Palm Beach Gardens Can Help Your Claim
There are several things that can impact your claim. When you work with our firm, you will get an experienced and proven Palm Beach Gardens car accident lawyer that will review your case and determine:
- Your own culpability, if any, for the crash
- To what degree does the other driver(s) have responsibility?
- Were there any defects in any of the vehicles involved in the auto accident and what effect did these conditions have during the accident?
- Other mitigating factors such as the weather, traffic conditions, and road construction
- Previous history related to auto accidents and driving records for all parties involved
- Was the other driver using any prescribed medications, street drugs, or alcohol?
- Were any other parties potentially involved in causing the car accident?
What Questions Should I Ask a Car Accident Attorney?
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Never settle on the first personal injury attorney you speak to. When seeking out a Florida car accident lawyer, there are a few basic questions you should always ask. These include but are not limited to:
- Who pays the costs in my case?
- Will my case go to trial?
- What is my role in the case?
- What is my case worth?
The best way to maximize compensation and be protected after a car accident is to hire an experienced personal injury lawyer.
Serious Injuries Require a Different Approach
A minor soft-tissue case and an accident involving surgery, spinal injury or permanent impairment should not be handled identically.
Serious cases may require analysis of:
- Future medical expenses
- Surgical recommendations
- Permanent impairment
- Loss of future earnings
- Vocational limitations
- Life-care needs
- Available insurance limits
- Umbrella policies
- Business or commercial liability
- UM/UIM coverage
The greater the injury, the more important it becomes to understand the long-term consequences before resolving the claim.
Frequently Asked Questions About Florida Car Accidents
Do I need a lawyer after every car accident?
No. Some accidents involving minor property damage and no meaningful injury may not require an attorney. An attorney becomes considerably more important when injuries are serious, liability is disputed, significant medical treatment is required, or an insurance company is minimizing the claim.
Should I talk to the other driver's insurance adjuster?
You should be careful. The other driver's insurer is investigating the claim for its insured and the insurance company. A seemingly casual conversation can become evidence about how the accident occurred or the extent of your injuries.
What if my pain started the day after the accident?
Not every injury is immediately apparent. Seek appropriate medical attention and tell the provider when the symptoms began and how they have progressed.
Can I recover if I already had back or neck problems?
A pre-existing condition does not automatically prevent a claim. An accident can aggravate an existing condition. Medical evidence can become especially important in distinguishing the person's condition before and after the crash.
How much is my car accident case worth?
There is no responsible way to determine that from the type of accident alone. Liability, injuries, treatment, prognosis, lost earnings, insurance coverage and many other facts matter.
Talk With a Palm Beach County Car Accident Attorney
You should not have to guess whether an insurance company is treating your claim fairly.
If you were injured in a crash in Palm Beach Gardens, West Palm Beach, Jupiter or elsewhere in Palm Beach County, contact The Law Office of Matthew Konecky, P.A. to discuss what happened and the options available to you.
Call our office today at (561) 671-5995 or click the button above to find out if we can help you.
