Have you recently been put out of work due to a car accident in Boynton Beach? You could be entitled to seek compensation.
Car accidents happen daily, especially in a busy state such as Florida, and the aftermath can cause immense stress on anyone. Time off work because of an accident that wasn’t your fault can lead to financial stress on top of medical bills and car damages.
If you are wondering if your lost wages from time off work due to a car accident can be recovered, here’s what the experts at Frankl Kominsky Injury Lawyers suggest.
Florida Car Accident Laws
Under Florida law, there are certain measures that must be taken after a car accident that differ from most states. That is because Florida operates under a modified comparative fault system, which means residents involved in accidents cannot file a lawsuit before contacting their own insurance companies.
Rather, they must carry a minimum of $10,000 in personal injury protection and property damage liability. Neither of these covers damage to your vehicle, so you will need separate collision coverage through another party.
Here’s what PIP and PDL both do.
Personal Injury Protection (PIP)
PIP is meant to help cover any medical bills or lost wages as a result of being in a Florida car accident in lieu of filing a lawsuit. PIP will typically pay up to 60% of your lost wages, though your Boynton Beach Car Accident Lawyer could help you negotiate a fairer settlement if needed.
Although it is a requirement for Florida citizens to carry a minimum of $10,000, that does not mean you will get all or the vast majority in your claim.
Property Damage Liability (PDL)
If you are ever found guilty or primarily responsible for a car accident, PDL is what will help you cover the other person’s car damages. In this case, the other driver who is at fault will be responsible for the financial damages they may have caused.
Not every driver in Florida carries the required coverage such as PDL. In fact, Florida is one of the top states for having the most uninsured drivers, which means it might be worth looking into adding uninsured motorist coverage.
What Can Be Recovered After an Accident?
Having the help of a highly esteemed Boynton Beach Car Accident Lawyer can make your chances of recovering financially better. Depending on the severity of your car accident and who is found primarily at fault, you could be entitled to seek more than only your lost wages.
Most people might not be aware of what they are entitled to recover without the help of a lawyer. The right Boynton Beach Car Accident Lawyer will review your claim and all evidence surrounding your case to help you determine what your next options are.
Here are some examples of damages that can be recovered after an accident:
- Lost wages
- Future lost wages
- Medical bills
- Out-of-pocket costs
- Pain and suffering
In order to better understand what your case may warrant, it’s best to consult with your attorney.
How To Recover Lost Wages
There are two ways to recover your lost wages and other damages in the state of Florida. The first and main way is to go through insurance and file a claim for PIP. Before you do this, you should speak to your attorney since there are several traps you could fall under that will prevent you from receiving the settlement you deserve.
Many insurance companies look for ways to reduce a person’s settlement based on what they say. The best way to prevent this from happening is to have an attorney advocating for you who knows the system best to make sure the right statements are expressed.
It is also possible for your attorney to negotiate with your insurance company if the first offer they give is inadequate.
The second option is only if your case permits it. It is possible for a person to step out of the no-fault system in Florida and be able to file a lawsuit against the other individual. Your attorney will be able to tell you if you are eligible to do this.
There are two criteria options that make a person eligible for filing a claim. They must meet one or both of the following:
- Damages exceeding a certain amount
- Experiences a severe injury as a result of the accident
The “severe injury” must be one or more of the following:
- Wrongful death
- On-going medical treatment
If you are able to file a lawsuit against the other driver, a settlement can be reached in one of two ways. A court case will be avoided if you and the defendant can come to an agreement on a settlement. This will take place with you and your attorney sitting down with the defendant and their attorney to negotiate a price. If no settlement is agreed upon, then there will be a court date.
If your case makes it to court, then the jury will be responsible for determining the outcome. They will look at all the evidence presented by your attorney and the defendant’s attorney. They will also look at both your economic and non-economic losses.
Economic losses are all the physical items that can be totaled up, such as your medical bills, lost wages, and ongoing medical care. Non-economic losses refer to the pain and suffering you’ve endured since the wreck that can’t be physically totaled.
Since the no-fault system is in place, the percentage of fault the jury finds you at will be added to your total which can reduce your settlement. For example, if you’re found 15% guilty for the accident since you were slightly speeding and the jury had awarded you $80,000, your final earnings would be $68,000.
Contact Us Immediately
Figuring out what to do after a car accident and how you are going to pay for any damages can be stressful. Luckily, the attorneys at Frankl Kominsky Injury Lawyers can help minimize your stress by helping you seek the extra compensation you deserve. Our 40 years in practice have given us the experience and resources to help you reach a positive outcome. Our attorneys have helped many Florida car accident victims seek the compensation they need to become financially whole again.
Do you need to speak with a Florida accident attorney? To get started, call our firm at (561) 800-8000 or leave your contact information in our online form. Someone will be in touch with you about scheduling your free case evaluation with one of our attorneys to best determine how to proceed with your case.
After, we will start building your case by collecting all of the necessary evidence we need to best guide you.
Don’t waste any more time. Call Frankl Kominsky Injury Lawyers today.