In Florida, auto accidents present the probability of legal claims under certain circumstances. Any accident linked to a DUI also provides the potential for a lawsuit. An Automobile Accident Lawyer Hollywood FL provides assistance for auto accident victims when they need to file a legal claim.
No-Fault Insurance Laws
Under no-fault insurance laws, all accident victims are required by law to file a claim through their own insurance. All drivers are required to purchase personal injury protection coverage. The insurance coverage provides funds to cover the expense of the victim’s medical care. The auto insurance coverage also provides assistance with auto accident repairs.
When are Lawsuits Possible?
A lawsuit is possible if the victim suffered serious injuries. Under accident laws, a serious injury is defined as a permanent condition, disability, or the loss of function or limb. The laws prevent lawsuits based on a lack of proper coverage obtained by the victim. If the medical records don’t show a serious injury, the victim is unable to file a lawsuit.
Deadlines for Lawsuits
All legal claims must be filed within four years of the accident. However, some exceptions apply to the case. For example, any brain-related injury that isn’t discovered before the statute runs out allows an extension. If the victim is a minor, the parents have until the child turns eighteen to file a lawsuit against the at-fault driver.
Are There Limits on Damages?
Yes, the state of Florida prevents any compensatory awards that exceed $500,000. The compensatory awards include the monetary expenses of the victim and/or their family. It doesn’t include punitive damages, tort-based awards, or restitution related to any criminal cases connected to the accident claim. A crime that leads to the auto accident also presents an increase in the monetary award.
In Florida, auto accidents must comply with no-fault accident requirements. The laws prevent victims from filing a claim unless they sustain serious injuries. The injuries include brain injuries, the loss of limb or organ function, and permanent disfigurements. Medical evidence is required to show the severity of the injuries. Victims who need to file a claim contact an Automobile Accident Lawyer Hollywood FL through Law Offices of McCullough & Leboff P.A. now.