St. Petersburg Car Accident Attorney
Experienced car accident attorney in St. Petersburg fighting for your rights after an injury caused by someone else’s negligence
If you’ve been injured in a car accident in St. Petersburg, you’re probably overwhelmed with questions. Who pays for my medical bills? Will my insurance cover everything? Can I file a lawsuit, and if so, how does that work?
Florida’s no-fault insurance laws can make it difficult to understand your rights after a car accident, especially when you’re already dealing with the pain and stress of an injury—that’s where we come in.
Whether you’re facing mounting medical expenses, lost wages, or a long-term disability, the experienced St. Petersburg car accident lawyers at Palmer Lopez will make sure you understand all your legal options so you can get the full compensation you deserve.
Hurt in a car accident in St. Petersburg and unsure where to turn?
We can explain your options and guide you through the process. Schedule a free consultation today.
Car accident case results
Where does Florida rank in car accidents?
Florida has the unfortunate distinction of having the second-highest number of fatal car accidents in the U.S. after California, with 17,115 deaths in car accidents reported in 2022 alone.
This alarming statistic is likely due to a number of diverse factors, including Florida’s large population, high volume of tourists, and significant number of older drivers and motorcyclists. Additionally, distracted driving, speeding, and impaired driving are common factors in many of these accidents.
What am I entitled to after a car accident in Florida?
After a car crash in Florida, what you’re entitled to depends on the specifics of your case, including the severity of your injuries and the circumstances of the accident.
Florida is a no-fault state, which means your own insurance typically covers your expenses, regardless of who caused the accident. However, in certain cases, you may be eligible to seek additional compensation through a personal injury lawsuit.
What is the difference between a lawsuit and an insurance claim?
In Florida, lawsuits and insurance claims are ways to seek compensation after a car accident, but they serve different purposes and follow different processes.
Florida car accident insurance claims
An insurance claim is a request for compensation made directly to an insurance company. Florida is a no-fault state, which means most car accident cases start with a claim against your own personal injury protection (PIP) insurance, regardless of who caused the accident.
- Purpose. To cover immediate economic losses such as medical bills, lost wages, and property damage.
- Who pays? Your own (PIP) insurance pays for injuries, and the at-fault driver’s property damage liability (PDL) insurance pays for property damage.
- Limits. PIP benefits will cover 80% of medical expenses and 60% of lost wages up to your policy limit, which is typically $10,000. Pain and suffering are not covered under PIP.
- Process. Usually involves filing forms, providing evidence of your damages, and negotiating with the insurance company.
Florida personal injury lawsuits
A lawsuit is a legal action filed in court to seek compensation from the at-fault party for damages that exceed what insurance covers. You can file a lawsuit if your injuries meet Florida’s serious injury threshold, which includes significant and permanent loss of bodily function, disfigurement, or wrongful death.
- Purpose. To recover damages beyond what insurance covers, including pain and suffering, full medical expenses, and lost earning capacity.
- Who pays? The at-fault driver (or their liability insurance) is responsible for compensating you if the lawsuit is successful.
- Process. A lawsuit involves filing a complaint, going through pretrial procedures, and potentially going to trial if a settlement isn’t reached.
If your injuries are minor, an insurance claim will likely be your only option. However, if you’ve suffered serious or permanent injuries, you may be able to pursue a lawsuit to secure full compensation.
Key differences between Florida car accident insurance claims and personal injury lawsuits
- Scope of compensation. Insurance claims cover basic economic losses, while lawsuits can recover additional damages like pain and suffering.
- Complexity. Lawsuits are typically more complex and time-consuming than insurance claims.
- Fault requirement. Insurance claims don’t require proving fault (due to Florida’s no-fault system), but lawsuits require evidence that the other party caused the accident.
- Threshold to file a lawsuit. Lawsuits can only be filed if the injuries meet Florida’s serious injury threshold.
What is considered serious bodily injury in Florida?
In Florida, some injuries go beyond the scope of what no-fault insurance can cover and are considered “serious” under the law. These are catastrophic injuries that cause permanent harm, impair essential bodily functions, or leave visible and lasting physical changes.
If you’ve suffered one of these life-altering injuries, you may qualify to file a personal injury lawsuit to recover compensation for the full extent of your losses, including pain and suffering and long-term care needs.
The types of injuries that may qualify as serious under Florida law include:
- Permanent vision or hearing loss. The loss of eyesight or hearing, significantly impacting the victim’s daily life.
- Traumatic brain injuries (TBIs). Severe brain damage causing long-term cognitive, physical, or emotional impairments.
- Spinal cord injuries. Injuries leading to partial or total paralysis or permanent loss of movement or sensation.
- Amputations. The loss of a limb or body part that permanently affects the victim’s ability to perform daily activities.
- Significant scarring or disfigurement. Visible, long-term physical changes, such as deep scars or burns, especially on the face or other prominent areas.
These types of injuries are not only physically devastating but also financially and emotionally burdensome. Florida law provides an opportunity for victims with such injuries to seek compensation beyond basic insurance coverage.
If you’re facing the aftermath of a serious injury, you should reach out to a local St. Petersburg personal injury attorney with experience in car accident cases to help you start building a strong case.
What additional compensation can I get in Florida through a personal injury lawsuit?
If your injuries meet Florida’s serious injury threshold, a personal injury lawsuit allows you to seek damages not covered by PIP, including:
- Pain and suffering. Compensation for the physical pain as well as the emotional and mental trauma you’ve endured as a result of the accident and your injuries.
- Future medical expenses. Costs for long-term treatments, surgeries, rehabilitation, and assistive devices that are expected in the future.
- Full lost wages. Recovery of 100% of lost income, including future earning capacity, if your injuries prevent you from returning to work or advancing in your career.
- Loss of consortium. Compensation for the impact of the injury on your relationships, including loss of companionship or support for your spouse or family members.
- Disfigurement or disability. Damages for permanent physical impairments or visible scars that alter your quality of life.
- Property damage. Reimbursement for the full cost of repairing or replacing your vehicle and any other damaged property.
While insurance claims are limited by policy coverage and no-fault rules, a personal injury lawsuit allows you to pursue damages directly from the at-fault party. This ensures that you’re fully compensated for both economic and non-economic losses, especially in cases involving severe injuries.
How much can you get for pain and suffering in Florida?
In Florida, there is no cap on pain and suffering damages for most personal injury cases, meaning the amount you can receive depends on factors like the severity of your injuries and their impact on your life. An experienced attorney can help maximize these damages by presenting strong evidence and demonstrating the full extent of your losses.
Do I need a lawyer after a car accident in Florida?
In minor car accidents with minimal injuries and straightforward insurance claims, you likely won’t need a lawyer. However, in cases of serious injuries, hiring an attorney is often essential to ensuring you receive full compensation, especially under Florida’s modified comparative negligence law.
This law reduces your compensation based on your percentage of fault for the accident and bars recovery if you are found more than 50% at fault.
Insurance companies often use Florida’s modified comparative negligence rule to shift more blame onto you, reducing their payout. For example, if you’re awarded $100,000 in damages but are found 20% at fault, your compensation will be reduced to $80,000. Without legal representation, you may struggle to counter these tactics and prove the other driver’s negligence.
An experienced attorney can gather evidence, negotiate with insurance companies, and ensure that fault is assigned fairly. For serious injuries with significant medical costs, lost wages, and pain and suffering, having a lawyer can make the difference between a fair settlement and leaving money on the table.
What makes Palmer Lopez the right choice for your car accident case?
St. Petersburg is home to many law firms, but here’s why Palmer Lopez should be your first call after a car accident:
Proven success in car accident cases
Our track record speaks for itself. We’ve secured substantial settlements and verdicts for car accident victims, even in cases involving complex liability or severe injuries.
Personalized attention
At Palmer Lopez, we understand that every car accident is unique. We take the time to get to know you, your case, and your goals, tailoring our approach to your specific needs.
Direct attorney communication
You won’t be passed off to an assistant or paralegal. When you work with us, you’ll have direct access to your attorney for regular updates and clear guidance throughout your case.
Extensive legal expertise
Whether it’s dealing with Florida’s modified comparative negligence laws or negotiating with tough insurance companies, our deep understanding of personal injury law means we’re ready to handle every challenge your case may present.
Where can I find the best St. Petersburg car accident attorney near me?
If you’re looking for an experienced car accident attorney who truly cares about your case, look no further than Palmer Lopez. Our team has the knowledge, resources, and proven track record to fight for the full compensation you deserve. From navigating Florida’s complex car accident laws to standing up to insurance companies, we’ll be by your side every step of the way.
If you’ve been injured in a car accident in St. Petersburg, trust the firm that puts your needs first. Contact Palmer Lopez today for a free consultation, and let us help you get back on the road to recovery.
References
Stats of the States – Accident Mortality. (2021, August 6). www.cdc.gov. https://www.cdc.gov/nchs/pressroom/sosmap/accident_mortality/accident.htm
