What To Do After An Accident While On Vacation In Florida
From Pensacola Florida to the town of Key West, Florida has 1,197 miles of coastline, 11 national parks and 30,000 lakes. So whether you are watching the sunset in Key West, hitting one of the beaches or taking the family to Disney World and Universal Studios, you will probably drive your own car or rent one. The last thing you want is an accident, but they do happen. If you have been injured while driving in Florida, you have the right to retain a personal injury attorney and file for compensation for your losses.
Car Accident Laws In Florida
Every licensed driver in Florida is obligated to drive their vehicle in a way that does not put other drivers at unnecessary risk of harm, as well to obtain insurance. Florida is a no fault state and its residents are required to carry Personal Injury Protection (PIP) insurance. If you are injured in an auto accident by a Florida driver, PIP covers 80% of your medical bills up to $10,000 and $5,000 in death benefits. If you are badly injured that can’t begin to touch your overall costs.
Proof Of Negligence In Florida Tourist Accidents
If you are injured in an accident because of someone else’s negligence, you (the plaintiff) have the right to sue the at fault driver (defendant) for damages and compensation. You do have to allege to certain facts. They include:
● The At Fault Party: You must know who the defendants are
● Duty: It is the defendant's duty to drive in a reasonable manner to avoid causing harm.
● Breach: You have to show the defendant breached (failed to follow) that duty.
● Proximate Cause: You must show that the other party’s breach was directly responsible for your injuries.
● Damages: You have to show you were hurt in some way, physically, financially or emotionally or some form of legally recognized way.
A good Florida personal injury lawyer can help a tourist to gather evidence to show to the at- fault driver's insurance company that they need to settle the claim quickly and for the full value of the claim. Your personal injury attorney can after you file a claim take care of all the details, even after you have returned to your home state.
The Claims Process for Florida Tourist Accidents
Your personal injury attorney will take certain steps to increase your chances for a positive outcome and to help move the case along for you. The first step will be the attorney will file a claim with the defendant’s insurance company asking for a settlement amount and detailing the information about the accident and why the other driver was at fault for the accident. Some of the evidence your personal injury attorney will gather to prove the other driver is at fault are:
• Police Report:
Florida law requires drivers involved in car accidents to contact local police. The police will interview everyone involved, check the damage to the vehicles and the surrounding area. The police will then write a detailed report. Since they are a neutral party, your attorney will obtain that as soon as possible.
Your attorney will then begin to collect medical records, bills and often will send you to one of his specialists in case they need expert testimony if the case goes to trial. Often collecting medical information will take some time so patience is called for. In case of death, coroners report is also valuable information.
• Visual Evidence:
Often, your personal injury attorney will hire an investigator or have one on staff to go and take photos of the accident scene. They will interview witnesses possible you. This will help add to your proof that the other driver was at fault.
Whether you are still in Florida or have returned to your home state, the expert legal team at Goldman, Babboni, Fernandez, and Walsh can help you build a strong defense against the at fault driver. With decades of experience, If you find yourself in an accident that is not your fault in Southern Florida, give us a call. We will provide a free consultation to see how we can help you. If you have hired legal help in your home state we can work with your attorney to pursue your case here in Florida. Call us today to learn more!