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Florida Car Accident Laws Can be Complex to Navigate

Skilled Tampa attorneys help maximize benefits from insurance claims and lawsuits 

There are several Florida state laws that impact insurance claims from car accidents and the resulting lawsuits. From the verbal threshold to comparative fault rules, the knowledgeable and capable lawyers at Larson Johnson, PL work hard to ensure their clients get the benefits and damages they deserve.

Our traffic accident lawyers understand exactly how auto insurance companies operate because they all previously worked for insurance companies and their insureds. Now they use that knowledge and experience to work for you to provide the finest representation possible.

Experienced Tampa automobile accident attorneys assist clients navigating

Under Florida no-fault auto insurance laws, your insurance company is responsible for covering your medical costs even if the accident was caused by the negligence or recklessness of the other driver. However, your insurance company may not reimburse your full costs or it may dispute elements of your claim. The insurance company may also insist on taking your statement, seeking compulsory medical examinations and apportioning Personal Injury Protection benefits in a way that is not in your best interests. 

These intricate coverage and insurance policy issues can be complicated, and in our opinion, are more effectively handled with an attorney’s assistance. If not handled properly, benefits can be compromised and certain benefits forfeited. You should hire a lawyer immediately to protect your rights if you are injured and intend to pursue a claim against the at-fault driver.

How our car accident lawyers can help

Florida drivers involved in car crashes can only pursue a lawsuit seeking non-economic damages against the at-fault driver if the injuries resulting from the accident meet the verbal threshold, meaning there is a permanent injury, a loss of major bodily function, significant scarring or disfigurement or death. Those who sustain serious injuries in auto accidents may recover from the negligent party for all related damages, including but not limited to:

  • Property damage
  • Past and future pain and suffering
  • Past and future lost wages
  • Loss of earning capacity
  • Out-of-pocket expenses
  • Past and future medical bills
  • Mental anguish
  • Loss of parental or spousal consortium

Insurance companies typically seek to minimize damages, but a car accident lawyer at Larson Johnson in Tampa can fight back and get you the compensation and closure you deserve.

Comparative fault rules

A key factor in determining the damages you are entitled to, whether in court or through a settlement, is who was likely “at fault” for causing the accident. Because Florida follows a “pure” comparative fault rule, you can recover damages even if you are found to be partially at fault for the traffic crash.

If your case goes to court, the comparative fault rule means that the damage award would be reduced by your percentage of fault in the accident. For example, you might be awarded $200,000 in damages but also found to be 20 percent at fault. This would mean that you would receive $160,000, the award minus 20 percent.

Unlike some states, Florida’s comparative negligence rule is not modified but is applied “purely.” This means that you can even receive damages if you are found to be 50 percent or more responsible for the accident. Using the same example of a $200,000 award and a finding of being 80 percent at fault, you would still receive $40,000.

Talk to knowledgeable Tampa attorneys about your auto accident today

At Larson Johnson, PL, we know how the complex, time-consuming insurance claim process works. Contact us online or call us at now for a free initial consultation with an aggressive and experienced auto accident lawyer. Serving clients throughout Tampa, Brandon and the state of Florida, we have a proven record of successfully resolving even the most difficult, complex cases.