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Tampa Personal Injury Blogs from November, 2013

Pursuing Compensation in a Car Accident Case in Florida


After being involved in a car accident in Florida, you need to familiarize yourself with the 'no-fault' car insurance system. What this means is that you generally turn to your own car insurance coverage first when seeking to recover damages in your case. There are minimum insurance requirements in the state of Florida to make sure every driver has adequate coverage if involved in an accident. There are still cases; however, where you can hold a negligent driver responsible for your injuries. You can step outside of the no-fault system and pursue a claim against the driver at fault if the injuries in the case are considered permanent. When filing a claim under the at-fault liability policy, there are state laws to consider, including:

  • You only have four years from the date that the accident took place to file the initial complaint
  • Florida uses a comparative fault rule
  • There must be a 'serious injury' involved

When it comes to showing liability and collecting compensation in Florida, comparative fault is used. This means that if the jury decides your damages end up equaling $100,000, the amount of fault on the other person has to do with the amount you can receive. In this case, if you were deemed to be 20% at fault for the accident occurring and the other driver 80% at fault, you are only eligible to receive 80% of the damages. If we are using this example, you would receive $80,000 rather than the full $100,000. In order to receive the maximum possible compensation, team up with a Tampa personal injury attorney from Mandelbaum Trichler Law Center, P.A for help. We can assist you in showing fault of the other driver and fight for the full damages that you deserve. Contact us for a free case evaluation.

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