Should I Sue After a Car Accident?

Miami-Dade County Vision Zero reports that 368 individuals are hurt in traffic accidents in and around Miami every week. Another six individuals are killed in fatal car accidents. Over the course of a single year, this means over 19,000 will be involved in a car or truck accident that leaves them injured in some way, and 72 people will die.

Those who are hurt do not just suffer physical and emotional harm from their crashes. These injuries are accompanied by financial costs like hospital bills, therapy expenses, and lost wages. Other losses, such as emotional distress and loss of quality of life, can be more difficult to quantify but are nonetheless deserving of financial compensation.

When another person causes your Florida car accident, principles of fairness say that this individual at fault should be the one to pay you compensation. Unfortunately, things are not so simple in Florida, and the question, “Should I sue after a car accident?” does not have an easy answer.

Before Asking, “Should I Sue?” Ask if You Can Sue

Florida is among the minority of states that are considered “no-fault” auto insurance states. Unlike the majority of states, which require the driver who causes a car accident to pay damages to those who are hurt, Florida requires all drivers to carry a personal injury protection (PIP) policy.

When you are injured in most minor crashes, the law requires you to file a claim against your PIP policy instead of suing the at-fault driver. This PIP policy pays your claim, up to the policy’s limits, to compensate you for your medical bills and vehicle damage. However, your PIP policy will not compensate you for pain and suffering or other non-economic injuries.

The amount of compensation you would receive for medical bills, property damage, and lost wages through a PIP claim is a fraction of your total losses.

Your Legal Rights When Your PIP Policy Is Not Enough

Just because your PIP policy may not fully compensate you for your losses after a Florida car accident does not mean you can file a lawsuit against the at-fault driver. The law only allows you to file a lawsuit against the at-fault driver in a crash if that accident left you with a serious bodily injury. This term is defined by statute and includes injuries that:

• Leave you with a physical condition that creates a substantial risk of death
• Cause serious personal disfigurement
• Lead to a prolonged loss or impairment of the use of an organ or body member 

The law does not specify what conditions or injuries qualify as serious bodily injuries any more than this. As a result, there are a variety of injuries and harm you could suffer that could rise to the level of a serious bodily injury.

Situations Where You Should Consider Suing

Assuming you sustained a serious bodily injury in a car wreck and your PIP policy’s benefits are not enough to address your losses, then it is appropriate to consider the question, “Should I sue after a car accident?” There are several situations in which you should consider bringing a lawsuit:

Your Actual Damages Are Greater Than the Insurance Policy Limits

If you believe you have suffered losses that are not even remotely compensated through your PIP policy, filing a lawsuit is likely to be the only way you recover compensation to address all of the expenses and challenges you face. This is especially true if your financial losses are not significant, but your emotional suffering is.

Insurance Offers Less Than Your Actual Damages

Despite the measurable harm you suffered, the insurance company may not agree to compensate you fully. The evidence you provide might not be enough, and unfortunately, insurance companies have teams of professionals who work to protect the company’s bottom line rather than your best interests.

Liability Is Disputed

If the other party believes they did not cause the crash or were not the primary cause of the wreck, they may not wish to settle with you. They might even claim that you were to blame. In this case, your only option for obtaining justice would be to file a lawsuit and prove that the other party was primarily to blame for causing the wreck.

The Other Party Is Not Willing to Settle

Sometimes, even when one party is clearly at fault for causing a car accident that severely injures you, that party is not willing to reach a reasonable settlement with you. 

There Is a Negligent Third Party to Blame

Many car accidents are caused by careless or reckless drivers. However, sometimes, the party most to blame for causing a crash is one that is not directly involved in the accident. Third parties can and should be held responsible for their negligence if it leads to your accident.

Manufacturers or Designers of Defective or Poorly Designed Cars

For example, an auto part manufacturer may have crafted a defective part that was used to construct your vehicle. If that part fails and leads to a crash, that third party can be held liable through a lawsuit. 

Officials Responsible for Dangerously Designed Roads

Engineers and architects who do not consider speed, local conditions, and traffic volume when designing roads may be responsible for accidents resulting from poor road design.

The At-Fault Party Was Drunk Driving

Sometimes, an at-fault driver’s behavior goes far beyond simple negligence — if a driver collides with you because that driver was intoxicated while behind the wheel, a lawsuit may be called for. 

The At-Fault Driver Was Distracted

Engaging in distracting activities while driving puts other drivers and pedestrians at risk. If your accident was caused by someone texting, eating, or talking to passengers while driving, filing a lawsuit may be advisable.

Dangerous or Reckless Driving Caused Your Accident

Car accident lawsuits can allow you to pursue punitive damages when the at-fault driver’s actions are beyond the pale. For example, street racing and other reckless actions may be punished through punitive damages.

How an Attorney Can Help You Decide Whether to File Suit

Florida’s laws do not require hiring a car accident lawyer to represent you following a car accident. However, there can be significant advantages to doing so, such as the following:

Knowing Whether You Can Even File Suit

First, your car accident attorney can help you determine whether your injuries meet the definition of a serious bodily injury. While you may think the harm you suffered is severe and deserves full compensation, an attorney can evaluate how your injuries compare to other cases and whether there is sufficient evidence to support a finding of serious bodily injury.

Armed with this information, you can make a fully informed decision as to whether the risks of trial are worth the potential rewards you could receive.

Negotiating a Settlement

Next, assuming you have suffered serious bodily injuries, your lawyer can work with the at-fault party to negotiate a fair settlement so that you do not need to go to trial. Settlements allow you to receive the money you need faster and with fewer complications than obtaining a judgment after a trial. 

Settling your case can require considerable negotiation skills and talent. An experienced lawyer will often have negotiation skills that surpass your own. 

Your attorney can appreciate the compensation you need while balancing the strength of your case when negotiating with the other side. This approach is essential to getting the maximum compensation for your injuries through settlement talks.

Related: Average Settlement for Non-Injury Car Accidents

Securing Evidence and Witnesses Necessary for Trial

Last, if you must go to trial, you must prove your case by presenting witnesses and evidence in court. Your attorney will know how to obtain reports, documents, and photographs and introduce them in court. Similarly, your lawyer can interview witnesses, determine which ones will be helpful to your case, and ensure they will be present for your trial.

Contact an Experienced Miami Car Accident Lawyer Today

Knowing what you can do and what legal actions are available to you can be confusing after a car accident. Bernstein & Maryanoff Injury Attorneys is here to help you cut through the confusion and choose the right course of action for you and your family. 

We will give you honest advice about whether to file a lawsuit or seek compensation through other means.

If you elect to file suit, trust that our skilled and talented team of Miami car accident attorneys will devote their knowledge and talents to helping you recover the damages you deserve.

References:

Miami-Dade County Vision Zero.

• 316.027 Fla. Stat.
• 627.7407 Fla. Stat.