Car Accident Attorney in Pensacola, Florida

Car accidents are frightening events. In Florida, there is an average of 400,000 car crashes per year, according to the 2019 Annual Report from Florida Highway Safety and Motor Vehicles. Whether it is a small fender bender or a wreck that leads to serious bodily injuries, the experience can be shattering. If you are injured in a car accident, you’ll want to know your rights when it comes to receiving compensation. After dealing with the medical aspect, contacting an attorney to discuss your case is the next step as you recover.

Rated by a nationally respected legal service rating company, David Lee Sellers has dedicated his law practice to providing individuals with skilled legal counsel and aggressive litigation representation in a variety of cases involving personal injury lawsuits. As a native of Pensacola, Florida, David Lee Sellers is proud to serve clients throughout his hometown and in the neighboring areas of Crestview, Fort Walton Beach, and Milton.

Liability for Car Accidents in Florida

Liability dictates who is at fault when it comes to any kind of accident. Each state has differing laws regarding compensation based on liability. Florida is a no-fault state. This means that after an accident, you have to file your own personal injury insurance claim in order to get compensation. Your insurance company will essentially be charged for the damages.

Despite Florida being a no-fault state, there are some exceptions when you can file a claim against an at-fault driver. This occurs when there is a serious injury that was caused by the accident. Serious injuries include issues such as a bone fracture or permanent limitation of a body organ. Speaking with an attorney to see whether your injury is considered serious under state law will help you figure out where to file your claim.

Florida Insurance Requirements

Like many states, Florida has requirements surrounding what you must carry for your insurance as a driver. For personal injury protection benefits, you must have at least $10,000 in coverage. When it comes to property damage liability benefits, you must have at minimum $10,000. Anything above that, or things such as bodily injury insurance, is optional.

State Laws Addressing Personal Injury Claims

There are two major categories of state laws that exist in Florida that you should be aware of for your personal injury claim.

Statute of Limitations

The statute of limitations indicates how long you have to file a claim after the car accident happens. In Florida, it is four years after the incident. If you are going to file a claim, be sure to do so within that time frame.

Florida’s Pure Comparative Negligence Rule

Florida is also a pure comparative negligence state. This means that if each party holds some fault in the accident, the percentage of fault will be calculated. The amount of compensation you are given is subtracted by the percentage of fault that is yours.

Filing a Wrongful Death Claim

Some accidents are so severe that a loved one is lost. When that happens, family members may want to file for compensation on behalf of their loved one. When it comes to a wrongful death claim, the people who are able to file are immediate family members, meaning parents, children, siblings, and spouses. In order to file a wrongful death claim, the death of your loved one must be caused by the negligence of the party you are filing against.