Florida Car Accident FAQ

You’re cruising down the coast, the windows are rolled down, and the Florida breeze is running through your hair. All of a sudden, the picturesque scene crumbles away as you’re hit by another vehicle.

Accidents are unpredictable and can happen at the fault of another’s negligence to even the most experienced drivers. This can leave them feeling lost with countless unanswered questions. Some may be asking about how to proceed in the immediate aftermath, while those left with serious injuries may be wondering how they will be able to pay for future medical expenses.

At Henderson & Futchko, P.A., our personal injury attorneys have represented more than 2,500 car accident victims, and we’re here to offer guidance with our compassionate legal expertise.

What should I do after I’m involved in an auto accident?

Safety should be the main priority, so the first thing you should do after an accident is to check for injuries and get medical attention for any parties that are seriously hurt. If that step isn’t necessary, call the police and report the accident. This official report will be important for insurance claims or a personal injury case.

Should I give a recorded statement to the insurance company of the other driver?

Following an accident, an insurance adjuster from the company of the at-fault driver will reach out to you. You will need to speak wisely or consult an attorney first. Insurance companies often use the information provided in recorded statements against you in a case to reduce the amount of money they have to pay. That is why we recommend speaking with a car accident attorney who will know what information is necessary to help determine liability.

How long do I have to file a car accident lawsuit?

All states have a statute of limitations, which sets a limit on the amount of time one has to file a lawsuit. In Florida, that time limit is four years from the date of the accident. However, if someone died as a result of a car accident, the family can bring a wrongful death case, which must be filed within two years on the date of the person’s death. If you miss this deadline, your case will not be considered, which is why this filing deadline is crucial to keep in mind.

What kind of damages can I recover?

If you decide to file a personal injury claim, you may be entitled to one of the following damages.

Economic Damages: These are the out-of-pocket expenses as a result of the accident. Some examples include medical bills, lost wages, and property damage.

Non-Economic Damages: Although these do not have a direct economic loss, you may still receive damages for pain and suffering, disfigurement, loss of consortium, and emotional suffering you may have endured.

There is a third type of damage that can be awarded in addition to the actual damages awarded called punitive damages. These are given to punish the at-fault party and to deter others from conducting the same actions. For instance, punitive damages may be awarded if the at-fault person was under the influence and had repeated drunk driving violations.

Do I need to hire a lawyer?

Although it’s possible to file a case on your own, having an experienced personal injury attorney fighting for you will increase your chances of a favorable outcome. It can also take the burden off of your shoulders so that you can focus on the most important thing— your health. At Henderson & Futchko, P.A., we carefully assess the details of your case and make sure you receive the compensation for all of your accident-related costs.

Don’t wait to contact us. The sooner we hear from you, the sooner we can get started on working toward the positive outcome you desire. If you'd like an experienced Brevard County personal injury attorneys from Henderson & Futchko to evaluate your case, please send us an email call (321) 320-7162 for personalized and legal services.

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