Brandon Car Accident Attorney
Experienced Brandon car accident attorneys dedicated to helping you recover maximum compensation after a car crash caused by someone else’s negligence
If you’ve been involved in a car accident in Brandon, understanding your rights to compensation can be confusing, especially with Florida’s no-fault insurance system. While Florida is a no-fault state, meaning your own insurance typically covers medical bills and lost wages, you may still be entitled to additional compensation if you’ve suffered serious injuries.
If a recent car accident has left you with catastrophic injuries that require long-term medical treatment and time away from work, you probably have questions like:
Who pays for these additional expenses? When am I allowed to file a lawsuit in Florida after an accident that wasn’t my fault? What happens if I was partially at fault for the accident?
At Palmer Lopez, we understand how stressful it is to navigate complicated insurance policies and state laws after a serious crash, but our experienced Brandon car accident attorneys are here to make the process as simple as possible. With more than 35 years of experience helping Florida car accident victims get the full compensation they deserve, you can trust us to answer your questions and explain your legal options so you can make the best possible decision for your claim.
Have questions about your rights after an accident in Brandon? We’ve got answers!
Contact our office today to learn how we can help maximize your claim.
Car Accident Case Results
Client reviews and testimonials
At Palmer Lopez, we’re honored to be able to help our clients reach settlements that truly make a difference in their lives—real stories, real results.
Attorney Joey Lopez did a phenomenal job helping me with my case from start to finish. He always took the time to answer my questions and concerns, making sure I understood everything that was going on. It was clear he had my best interests in mind and was passionate about his work. I couldn’t be happier with how my case was handled. If you are looking for someone who will go to bat for you and work hard to get the job done, Attorney Joey Lopez is your guy!
Tyler G.
If you are going to need to navigate a personal injury situation, I cannot recommend Marty Palmer enough. Marty provides professional, personal attention from start to finish, making the entire process much easier and less stressful. He offers sound counsel and tells you what you need to hear, not just what you want to hear. His expertise in navigating legal processes and jargon is invaluable, and his commitment to his clients is evident in every interaction. Highly recommended!
Michele M.
My experience with Palmer Lopez has been the best client/lawyer relationship possible. From our first discussions until the resolution of our action, everything was of the highest standard. Mr. Lopez and his staff guided me through the details of our action, always with courtesy and patience, keeping me informed at every juncture. Every obstacle or question was dealt with in a timely fashion, and all inquiries resolved. When a legal matter arises in my life, I will consult with Palmer Lopez before taking any action.
Brad K.
Is it dangerous to drive in Florida?
Unfortunately, the answer to this question is yes. There are hundreds of thousands of car accidents in Florida every year, and in both 2022 and 2023, Florida had the 3rd highest car accident fatalities in the nation after California and Texas.
In 2023, there were almost 400,000 car crashes in Florida, which led to over 252,000 injuries and about 3,423 fatalities. In Hillsborough County alone, there were 27,472 crashes that led to 18,872 injuries and 237 deaths that year.
Why are there so many car accidents in Florida?
There are several factors that contribute to the high number of car accidents in Florida. Some of the most common reasons include:
- Heavy traffic. Florida is one of the most populous states in the U.S., with millions of residents and a large number of tourists visiting every year. The combination of high population density and constant influx of tourists results in congested roadways, increasing the likelihood of accidents.
- Tourism. As a top travel destination, Florida sees many out-of-state visitors who may not be familiar with local roads and driving conditions. These tourists, often navigating unfamiliar highways and streets, may make sudden stops or wrong turns, leading to accidents.
- Distracted driving. Like in other states, distracted driving is a major problem in Florida. The use of smartphones, GPS devices, and other distractions while driving leads to many accidents each year.
- Aging population. Florida has a significant elderly population, and older drivers may experience slower reaction times, vision issues, or health-related impairments that can contribute to accidents.
- Drunk driving. Florida has a high rate of DUI-related accidents, especially in tourist-heavy areas where alcohol consumption is common. Impaired driving reduces reaction times and decision-making abilities, leading to more crashes.
- Speeding and reckless driving. Florida’s open roads and highways often see speeding and reckless driving, which increases the risk of accidents, especially during high-traffic periods.
- Diverse driving styles. Florida’s large mix of residents from different states and countries means that drivers bring a variety of driving habits and practices to the road, which can lead to confusion, miscommunication, and accidents.
- Weather conditions. Florida’s frequent rainstorms, especially in summer, can make roads slick and dangerous. Sudden downpours reduce visibility and increase the chances of hydroplaning, contributing to more accidents.
These factors combined make Florida particularly prone to car accidents, making it essential for drivers to exercise caution and remain alert to avoid becoming part of these troubling statistics.
Who pays if someone hits your car in Florida?
In Florida, the no-fault insurance system means that your own personal injury protection (PIP) insurance is responsible for covering your medical expenses and lost wages after a car accident, regardless of who was at fault. This system is designed to provide immediate medical treatment and compensation without needing to prove fault, which can take time.
However, PIP coverage has its limits. It typically covers 80% of your necessary medical expenses and 60% of lost wages, up to $10,000. This means you may not be fully compensated for all of your losses if your medical bills or wage losses exceed those amounts. For more severe injuries, this can leave a significant gap in coverage.
In cases of serious injuries that result in permanent disabilities, significant disfigurement, or death, you may be able to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver. This would allow you to seek additional compensation for damages that PIP does not cover, such as pain and suffering, long-term care, and other expenses related to your injuries.
As for property damage, Florida’s no-fault law does not apply. To cover the costs of repairing or replacing your vehicle, you’ll need to file a claim under the at-fault driver’s property damage liability (PDL) insurance, which is separate from PIP. This ensures that the responsible party’s insurance pays for the damage to your car.
If you’ve been seriously injured or your losses exceed what PIP covers, it’s important to consult with a local Brandon car accident attorney. They can help you understand your rights and guide you through the process of filing for additional compensation from the at-fault driver.
What types of injuries are considered serious injuries under Florida law?
Under Florida law, certain injuries may be considered “serious” if they result in substantial permanent injury, the loss of an important bodily function, or significant scarring or disfigurement. These types of injuries allow victims to pursue a personal injury lawsuit to recover additional compensation beyond what’s covered through PIP or PDL insurance.
Examples of these serious injuries include:
- Traumatic brain injuries (TBI). Significant brain damage that causes long-term cognitive, physical, or emotional impairments.
- Spinal cord injuries. Injuries that result in partial or total paralysis or permanent loss of movement or sensation.
- Amputation. Loss of a limb or a body part, permanently impacting the victim’s ability to perform daily activities.
- Significant scarring or disfigurement. Any injury that causes visible, long-term physical changes, such as deep facial scars or burns.
- Permanent vision or hearing loss. The loss of eyesight or hearing that significantly impacts daily life.
These types of injuries meet the legal threshold for filing a personal injury lawsuit in Florida, as they are considered substantial, life-altering conditions.
How much can someone sue for a car accident in Florida?
In Florida, there is no specific cap on the total amount someone can sue for in a car accident, but the amount of compensation a person may be entitled to depends on several factors, including the severity of their injuries, the circumstances of the accident, and the types of damages being sought.
Here’s a breakdown of the potential compensation you may be entitled to after a serious car accident in Florida:
Economic damages
These cover measurable financial losses, including:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Property damage (vehicle repair or replacement)
- Rehabilitation and therapy costs
Non-economic damages
These compensate for more non-monetary losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or consortium
Florida does not impose caps on these types of damages, known as compensatory damages, in car accident claims. However, there are damage caps on punitive damages, which are only awarded in cases where the defendant’s actions were intentional or grossly negligent (such as in DUI-related accidents) to punish the at-fault party.
Florida law places a cap on punitive damages at 3 times the amount of compensatory damages or $500,000, whichever is greater.
What if I’m partially at fault for the accident? Can I still get compensation?
Yes. Florida follows a modified comparative negligence system, meaning that your compensation will be reduced based on your percentage of fault in the accident, and you can recover compensation as long as you were not more than 50% at fault.
As an example, if it’s determined that you were 25% at fault for an accident and you were awarded $100,000 in damages, your compensation would be reduced by 25%, which would leave you with $75,000.
Because your degree of fault can significantly impact the amount of compensation you ultimately receive, it’s crucial after any serious accident to consult with an experienced car accident attorney. They can help gather evidence, negotiate with insurance companies, and work to minimize your degree of fault in the accident.
Insurance companies may attempt to place more blame on you to reduce their liability, so having legal representation can make a significant difference in your case.
Get help from an experienced Brandon car accident attorney
If you or a loved one suffered a catastrophic injury or wrongful death in a car accident in Brandon, we understand that navigating the legal and insurance complexities can be overwhelming. At Palmer Lopez, our experienced car accident attorneys are here to help you understand your rights and ensure you receive the full compensation you deserve.
With over 35 years of experience helping Florida car accident victims, we have the legal knowledge to thoughtfully answer your questions, explain your options, and guide you through every step of the process.
Don’t let the insurance companies dictate your outcome—
trust Palmer Lopez to fight for your rights and maximize your claim.
Contact us today for a free consultation and let us help you get the justice and compensation you deserve.
References
Crash Dashboard. (n.d.). Florida Department of Highway Safety and Motor Vehicles. https://www.flhsmv.gov/traffic-crash-reports/crash-dashboard/
Early Estimate of Motor Vehicle Traffic Fatalities in 2023 Summary. (n.d.). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813561
