A car accident can turn your life upside down in an instant. Long-term injuries may make it difficult to support your family or handle day-to-day activities. Even minor injuries can result in weeks or months of medical treatments and therapy appointments.
The medical bills and insurance headaches that follow add to your stress, and it can be difficult to know how to proceed. Floridians who attempt to manage car accident claims alone often realize too late that they’re outmatched by insurance companies. They are shocked to find their claim denied or their settlement far lower than they deserve.
If you’ve been injured in a crash, navigating the legal process without professional help is a mistake that can cost you financially and emotionally. An experienced Florida personal injury lawyer, like Attorney Mangal, is critical to protecting your rights and securing the compensation you deserve.
Dealing with Florida’s Complex Legal System
The first reason to consider working with an attorney is the Florida legal system itself. The state’s car accident laws are complicated, beginning with Florida’s no-fault insurance system. Under Florida Statute § 627.736, drivers are required to carry Personal Injury Protection (PIP) coverage, which pays for a portion of medical expenses and lost wages regardless of who caused the accident.
However, there’s a catch. PIP only covers up to $10,000, and often much less if the injury is not deemed an emergency medical condition. If your injuries are serious, like broken bones, head trauma, or long-term disability, you’ll likely need to pursue compensation outside of your PIP benefits. To do so, you’ll need to prove that your injuries meet the serious injury threshold outlined under Florida Statute § 627.737, allowing you to file a personal injury claim against the at-fault driver.
However, understanding what qualifies as a serious injury and how to prove it isn’t always straightforward. According to the Florida statute, an injury that qualifies for additional claims must include:
- Significant and permanent loss of an important bodily function
- Permanent injury
- Permanent scarring or disfigurement
- Death
While these injuries may be obvious in some cases, other victims may need help establishing that they qualify.
Timing is another consideration when working with the court system. Florida has a two-year statute of limitations for personal injury claims (per Florida Statute § 95.11) This may seem like ample time, but it will pass quickly if you’re recovering from a serious injury.
Navigating the Florida legal system demands a high level of knowledge and a deep understanding of case law. This is where a qualified Florida personal injury attorney becomes invaluable. An experienced lawyer can quickly assess whether your case meets the requirements for a personal injury lawsuit, help you avoid costly missteps, and guide you through the entire process.
Confronting Insurance Companies
No matter how friendly they seem when selling you a policy, insurance companies are businesses looking to protect their bottom line. The goal of the company and its legal team is simple: to pay you as little as possible, or better yet, deny your claim altogether.
A few of the common tactics they use to accomplish this include:
- Offering low settlement amounts early, before you understand the full extent of your injuries
- Asking you to provide a recorded statement, which they can later twist against you in legal proceedings
- Delaying or denying coverage on technicalities
- Shifting blame for the accident to reduce their own liability
When you hire a Florida car accident lawyer, they will serve as your shield from these efforts. The burden of dealing with the insurance company shifts as your attorney handles all communications and negotiations, ensuring you never say or sign anything that could hurt your case. Insurance companies know who they can push around and who they can’t. When they see a skilled attorney representing you, the game changes. You’ll have the benefit of someone dedicated to your best interests.
Maximizing Your Compensation
When you first speak to your insurance company, you might think you’re only entitled to reimbursement for your medical bills or car repairs. But Florida law allows car accident victims with serious injuries to recover much more, including:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Accident victims who go through the process without a lawyer are more likely to undervalue their claims, especially when considering damages that don’t have a clear monetary value. A skilled lawyer will research similar cases and develop a claim amount that can make a real difference in your recovery. A study by the Insurance Research Council found that injured parties who hired attorneys received settlements 3.5 times higher on average than those who went it alone.
A lawyer knows how to quantify all aspects of your loss, bringing in medical experts to prove the long-term impact of your injuries. For example, the same IRC study showed that accident victims supported by a lawyer were more likely to seek MRIs and other tests to establish the seriousness of their injuries. You need someone who will strive for a settlement offer that truly reflects your suffering and future needs, not just what the insurance company wants to pay.
Building a Strong Case
Proving fault in a car accident isn’t always simple. Even when you’re sure the other driver was at fault, you still need to prove it with evidence that stands up in court, evidence that will be analyzed and challenged by the opposing side.
A capable lawyer will:
- Obtain and analyze the police report
- Interview witnesses and take sworn statements
- Work with accident reconstruction experts
- Secure medical records and expert medical opinions
- Identify and preserve video footage or other time-sensitive evidence
Another factor in Florida car accident claims is the comparative fault laws defined in Florida Statute § 768.81. These regulations allow your compensation to be reduced by your percentage of fault in an accident. For example, if the court determines you are 20% at fault in a car crash because you failed to check your mirrors, your compensation is reduced by 20%. A competent attorney can anticipate these claims and knows how to challenge them, keeping your percentage of fault to a minimum.
Navigating Legal Procedures and Deadlines
Understanding the Florida legal system is one thing. Working in it is another. Because Florida law only gives you two years from the date of the accident to file a personal injury claim, you need someone who can keep the process on track while you recover. If you miss the two-year window, your right to compensation for your injuries will vanish even if you have a strong case.
Beyond meeting the statute of limitations, there are procedural steps that must be followed correctly:
- Filing a Notice of Claim when necessary
- Meeting medical documentation requirements
- Responding to insurance requests within specific time frames
- Preparing legal pleadings if negotiations fail
Missing a single form or deadline can derail your claim. A personal injury attorney will make certain that every document is filed properly, every deadline is met, and your case moves forward without costly procedural errors.
Peace of Mind
Recovering from a car accident is hard enough without legal stress added to the mix. You may be dealing with pain, treatments, time off work, and emotional fallout from the crash. Trying to juggle those issues with insurance negotiations and legal paperwork is a recipe for burnout.
When you hire a lawyer to handle your case, you’re offloading the burden so you can focus on what really matters: your health and your family. From day one, your attorney will advocate for your best outcome, putting their knowledge and resources to work for your benefit. This will alleviate any stress or uncertainty around the proper handling of your claim. After an accident, peace of mind is more than a convenience. It’s part of your healing process.
Contingency Fee Arrangements
One of the common reasons people avoid hiring a lawyer is the fear of the cost. Many people don’t realize that most personal injury lawyers in Florida work on a contingency fee basis, meaning:
- You pay nothing upfront
- Your lawyer only gets paid if you win
- The fee is a percentage of the final settlement or court award
This system makes legal help accessible to anyone, regardless of income. It also aligns your lawyer’s success with your own. Your attorney has every incentive to fight for the maximum compensation possible.
Don’t Handle Your Car Accident Claim Alone
Car accidents are traumatic. Dealing with the aftermath doesn’t have to be. While it’s possible to submit a car accident claim on your own, the best results come from working with a professional who has studied and trained for this task.
At Mangal, PLLC, attorney Avnish Mangal has a proven track record of fighting insurance companies and a commitment to getting clients every dollar they’re owed. If you or a loved one has been injured in a car accident, don’t attempt to navigate the legal system alone. Your path will be easier, and your case will be stronger, when you work with a seasoned legal professional.
Contact our office today for a free consultation.
