What To Expect After A Car Accident: Florida Personal Injury Claims 101

Accidents are one of the most common causes of injuries and fatalities across Florida. If you’ve recently been in an accident, or want to be prepared in case one happens, this article will guide you through what steps to take to protect your ability to claim personal injury compensation.

Keep reading to learn more about:

• What to do immediately after a car accident in Florida.
• How to file a personal injury claim and what evidence you will need.
• Why you might not want to accept an initial settlement offer and what might happen at trial.

I Have Just Been In A Car Accident – What Should I Do?

If you’ve just been involved in an accident, here are the steps you should take to ensure your safety and protect your rights:

1. Check For Injuries: First, make sure that you and everyone in the car with you are okay. If anyone needs immediate medical attention, call 911 right away to get emergency services on the scene.
2. Get to Safety & Call the Police: Once you’ve ensured everyone’s well-being, move to a safe location if possible. Then, call the police to report the accident. If emergency services are needed, let the authorities know when you call.
3. Exchange Information with the Other Driver: If it’s safe, exchange contact and insurance information with the other drivers involved. This includes taking note of their names, phone numbers, insurance details, and driver’s license numbers.
4. Document The Scene: Take pictures of the accident scene, the vehicles involved, the other driver’s license, and the surrounding environment. This visual evidence can be critical later on if there’s a dispute over what happened.
   1. Quick Tip: If you’re unable to take pictures of the scene yourself, call someone you trust who can help document the accident for you.
5. See A Doctor—Even If You Feel Fine: Injuries from car accidents don’t always show up right away. It’s a good idea to see a doctor as soon as possible, even if you don’t feel any immediate pain, to rule out injuries that may become more apparent later.
6. Contact a Personal Injury Attorney: If you’ve suffered any kind of injury, reach out to a personal injury attorney as soon as possible. An attorney can help you start the claims process and ensure that you’re taking the right steps to maximize your compensation. If you’re unable to afford medical treatment, they can also assist in securing medical care through arrangements such as a letter of protection.

By following these steps, you’ll be in a stronger position to file a claim and recover compensation for any injuries or damages you’ve sustained.

What Are The Initial Steps In Filing A Personal Injury Claim After A Car Accident In Palm Beach County, Florida?

1. Contact Your Insurance Company: Start by notifying your own insurance company about the accident. You’ll need to file a claim under your Personal Injury Protection (PIP) coverage, which is required under Florida law. This will help cover your medical expenses regardless of who was at fault.
2. Notify The At-Fault Driver’s Insurance: Report the accident to the other driver’s insurance company. This is necessary if you plan to seek compensation for injuries or damages beyond what your PIP covers. (And remember to be careful about what you say so you do not accidentally undermine your claim.)
3. Handle Vehicle Damage Claims: If your car was damaged, you can either use your own collision coverage (if you have it) or file a property damage claim with the at-fault driver’s insurance.
   In Florida, every policy includes property damage coverage, so either option is available. There can be advantages and disadvantages to either course of action, but your personal injury attorney can help you figure out which is best.
4. Coordinate Repairs: Once you’ve decided which insurance provider to use for the repairs, contact them to confirm whether you need to use an approved repair shop so that the repairs can be guaranteed.
5. If You’re Having Trouble, Ask A Personal Injury Attorney: If you’re facing difficulties with the insurance companies or have injuries, consult a personal injury attorney. They can handle negotiations and ensure you’re protecting your rights throughout the claims process.

Attorney Luke Moreau is a dedicated personal injury lawyer who has helped countless accident victims in Florida navigate the complexities of injury compensation. He is always seeking new ways to ensure the injured obtain maximum compensation and has obtained significant settlements and courtroom victories across the state.

Have you or a loved one been injured in a Florida car accident? Contact The Law Offices of Luke T. Moreau, ESQ. today to schedule an initial consultation.

Call For A Free Consultation - (954) 466-2185

What Documents And Evidence Do I Need To Support A Personal Injury Claim In Miami-Dade County, FL?

To improve your chances of full and fair compensation, be sure to take photographs of the damage to both vehicles and document the scene of the accident. It is especially important to get photographs of your injuries – and seek a medical professional’s opinion as soon as possible.

If you have an attorney, send them a copy of your driver’s license, your auto insurance card, and any health insurance or Medicare or Medicaid cards you might have. Similarly, medical records and hospital bills will be key pieces of evidence to prove the cost of your medical treatment.

Beyond this, you may need to gather additional documentation to help prove specific damages. For example, if your claim includes compensation for lost wages, you will need evidence showing what you normally earn and how much time at work you’ve lost due to your injury.

How Is Fault Determined In A Florida Car Accident Claim?

At the scene of the accident, fault is initially assessed by the responding police officers. They will document the scene, speak with witnesses and drivers, and provide their opinion on who was at fault. However, the police report itself is not admissible as evidence in a personal injury trial in Florida. This is because the officers didn’t witness the accident firsthand—they only documented their observations and what they believed happened.

Ultimately, fault is determined in different ways depending on the resolution of the case. It can be:

• Provisionally decided by insurance carriers during the claims process.
• Agreed upon in a settlement between the parties involved.
• Decided by a jury if the case goes to trial and no settlement is reached.

Regardless of how fault is decided, it’s based on the testimony of drivers and witnesses, physical evidence like vehicle damage, and any available video footage – each of these elements plays a critical role in establishing what happened and who is legally responsible.

What Should I Do If I Receive A Settlement Offer From An Insurance Adjuster After A Car Accident In Palm Beach County, FL?

If you receive a settlement offer from an insurance adjuster, it’s important to proceed carefully. Insurance companies often prefer to settle claims rather than go to trial, and they may present you with several settlement offers during the process.

1. If You Have An Attorney: Immediately forward the settlement offer to your attorney. They will review the offer and advise you on whether to accept or reject it based on the specifics of your case, ensuring you get the compensation you deserve.
2. If You Don’t Have An Attorney: It’s highly advisable to consult a personal injury lawyer before accepting any settlement offer. Insurance companies are known for offering low settlements, especially to individuals without legal representation. These offers are often far below what your claim may actually be worth.

One well-known example highlighting the dangers of first-time settlement offers is the Cardinale v. Thompson case in Palm Beach County. In this case, an insurance adjuster visited an injured person in the hospital just hours after an accident, offering a settlement of $1,500 on a $100,000 policy—long before the full extent of the injuries was known. This shows how insurance companies may try to settle quickly, before you fully understand your injuries or the long-term costs involved.

In short, always consult an attorney before accepting a settlement offer to ensure your rights are protected and you receive fair compensation. If you’re not already represented, finding an attorney is the best way to make sure the offer is in your best interests.

What Happens If My Florida Car Accident Claim Goes To Trial?

If you are unable to reach a settlement with an insurance company, your case will go to trial. Here is what you can expect if this happens:

• You and the others involved in the accident will be required to appear in court and testify. You’ll share your side of the story, including details about the accident, your injuries, and the medical care you’ve received.
• After testimony is given, the evidence in your case will be presented to the court. This may include photos, medical reports, and any video footage that might be available.
• Next, the court will hear from expert witnesses, doctors, and character witnesses who can testify about the injuries you suffered and the effect that these injuries have had on your life.
• Once all of the evidence is presented and both attorneys have made their arguments, the jury will deliberate. They will decide whether you are entitled to damages and how much compensation you should receive if you are.

Attorney Luke Moreau is a dedicated personal injury lawyer who has helped countless accident victims in Florida navigate the complexities of injury compensation. He is always seeking new ways to ensure the injured obtain maximum compensation and has obtained significant settlements and courtroom victories across the state.

Have you or a loved one been injured in a Florida car accident? Contact The Law Offices of Luke T. Moreau, ESQ. today to schedule an initial consultation.

Call For A Free Consultation - (954) 466-2185

What Is The Role Of An Injury Attorney Throughout The Personal Injury Claims Process?

An attorney plays two roles in every personal injury case: educator and advocate.

• As an educator, your attorney will keep you informed throughout the entire claims process. They explain each step, helping you understand what’s happening and what to expect next.
• This is especially important when you need to make informed decisions about whether to accept a settlement offer or bring your case to trial.
• As an advocate, your attorney champions your rights. Whether they need to go up against the opposing insurance company, your own insurance provider, or in front of a judge and jury – they are there to fight for your best interests. An attorney can even help handle much less glamorous (but no less important) conversations with doctors, repairmen, and more.
• And because going to court is rare but necessary in some cases, it is especially important to have a lawyer with courtroom experience. If your lawsuit reaches the trial stage, there are many details that must be brought up correctly before a judge.

Case Study: Personal Injury Claims In Action After An Accident

In 2016, our firm handled a particularly memorable case. Our client was driving in his pickup truck with his teenage daughter when they were hit by another car. As any parent would, he stuck out his arm to protect his daughter during the crash and severely injured his shoulder in the process.

Unfortunately, the at-fault driver’s insurance policy was capped at only $10,000 – not nearly enough to pay for the medical care he needed to treat his shoulder injuries. As a result, he lived with an injured shoulder and struggled to work for nearly four years. That is, until we got a hold of his case.

We helped find nearly $200,000 of additional insurance coverage to pay for all the suffering he endured – and to pay for the shoulder surgery he so badly needed. With our help, he was able to recover what he had so nearly lost and sacrificed for his daughter. Fortunately, this is just one example of personal injury law at work.

Have You Just Been In A Car Accident? We’re Here To Help.

For more information on What To Expect After A Car Accident In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 466-2185 today.