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Pensacola Car Accident Attorneys
If you have been injured in a car accident, the Pensacola car accident attorneys at Stevenson Klotz Injury Lawyers want to help you receive monetary compensation.
Florida tort law provides an avenue to compensation through a fault-based system in cases involving severe consequences. How you pursue your claim may significantly impact whether you receive compensation and the amount you receive. When an accident leaves you shocked and wondering what to do, our attorneys can put our combined 54 years of experience to work for you.
Car Accident Attorneys Taking New Cases
Our attorney team is currently taking new cases. We invite you to contact our Pensacola car accident attorneys today to see how we can help you in this difficult situation.
A car accident attorney is a trained, educated, and licensed advocate for the accident victim. In the case of a car accident attorney, they help the client understand their legal case. Then they pursue it on their client’s behalf through a range of legal actions both inside and outside the courtroom.
Do I need a car accident attorney?
If you have physical injuries, it’s worth a conversation to see if you need a car accident attorney. When a victim has serious injuries, pain and suffering may be a significant part of compensation. The insurance company wants to pay as little as possible. You need to know what the case is truly worth, and you need to build the legal claim so that the insurance company fairly pays the claim. A car accident attorney assists you with all these important steps.
Are you wondering if you need a car accident attorney? The best way to know is to ask! Our consultations are free. Come have a conversation with us and learn more.
Types of Cases Our Pensacola Car Accident Lawyer Handles
Car accidents occur in many forms, and understanding the type of accident will help determine the cause and who is at fault. The most common types of accidents include the following:
- Head-on collisions: Commonly caused by fatigued or distracted driving, head-on collisions are among the most deadly, often resulting in severe injuries.
- Rear-end collisions: The most common type of auto accident is a rear-end crash, often resulting from one car following another too closely or driving aggressively. The person operating the vehicle behind the other car is typically at fault.
- T-bone collisions: Side-impact crashes occur when one vehicle collides head-on into the side of another, creating a T-shape. The most common cause is running a red light or stop sign at an intersection, and the person who violated traffic laws is almost always at fault.
- Sideswipe collisions: Poor lane changes or failing to merge for vehicles exiting or entering from a ramp can result in sideswiping. It happens when two cars collide at their sides.
- Pedestrian or bicycle accidents: Collisions between vehicles and pedestrians or bicycle accidents can result in severe injuries, given the vulnerability differences between the involved parties. The most common incidents occur at crosswalks, and the driver is often at fault.
With years of experience practicing tort law and handling these and similar cases, our Pensacola car accident lawyer and legal team know where to look for evidence of fault and recoverable damages. They will help you gather the evidence necessary to prove negligence and identify all available damages for your claim. The first step in identifying damages is to evaluate the consequences of your injuries.
Common Car Accident Injuries
Whiplash is the most common car accident injury. It occurs when the impact forces the head and body back and forth aggressively, placing strain on the neck. The result is micro tears in the soft tissue that cause painful swelling and stiffness. It can vary in severity and potentially cause on-and-off flare-ups for years. Other potential injuries include:
- Concussions and other traumatic brain injuries
- Muscle strains and sprains
- Bruises and lacerations
- Head, neck, back and spinal cord injuries
- Bone fractures
Severe car accidents can result in mental and emotional injuries as well. For example, anxiety, depression and post-traumatic stress are common among accident victims and can have a debilitating impact. Our Pensacola car accident lawyer helps our severely injured clients recover non-economic damages to compensate for those losses.
Car accident statistics in Escambia County
Between 2019 and 2021, Escambia County had an average of approximately 6,500 car crashes each year. Roughly 4,200 of those accidents resulted in injuries, and 66 resulted in fatalities. Comparatively, the three-year average for codable crashes in the entire state from 2019 to 2021 averaged more than 380,000 per year, with nearly 3,170 resulting in fatal injuries.
How can an attorney help me get compensation for a car accident?
At Stevenson Klotz Injury Lawyers, we are a team of experienced, skillful attorneys that fight for our clients. There are several different ways that we can help you get compensation for a car accident.
- Understanding whether you have a claim
- Guiding you through what you can do right now to help your claim
- Proving your injuries and your right to damages
- Knowing the different types of compensation and how to value them
- Answering questions about comparative fault and how it may impact compensation
- Taking formal legal steps to file and pursue the claim
- Negotiating on your behalf
- Advising you on accepting or rejecting settlement offers
- Determining what evidence is critical and where to focus
- Speaking on your behalf at court appearances
- Pursuing your claim while you focus on your recovery
The whole reason our Pensacola car accident attorneys practice law is to stand up for the little guy. We believe in superior customer service, and we want you to feel confident in your case. Contact us today to discuss how we can help you get compensation for your accident.
Car Accident Claims
How do car accident claims work in Florida?
Florida has a unique system for car accident compensation. Nearly all drivers are required to carry car insurance minimums of no fault insurance. The insurance covers the first $10,000.00 of medical, lost wages, or funeral expenses. A claim may go outside the no-fault system when injuries are:
- Serious – a significant or permanent loss of an important bodily function
- Permanent injury to a reasonable degree of medical probability
- Disfigurement or scarring
- Death
If a claim qualifies to go outside the no-fault system, the difference is significant. Instead of bringing the claim to your own insurance company, you may file against the responsible party and their insurance. Instead of claiming only limited damages, you may seek pain and suffering and other non-economic damages. How the claim works depends on whether the case meets the threshold to go beyond the no-fault system.
(Source: Fla Stat. § 627.737)
What is the basis for a third-party car accident claim in Florida?
To have a third-party car claim in Florida, someone else must be at fault for the accident. Fault may arise in many ways, including:
- Speeding
- Following too closely
- Failing to observe traffic signals and right of way
- Stop sign and red light violations
- Improper turns and lane changes
- Drunk driving, driving under the influence of drugs
- Reckless driving
- Distracted driving
- Aggressive driving/Road rage
- Inadequate vehicle maintenance
- Poor vehicle manufacturing or road design
The party responsible for the accident may not even be a vehicle driver. Usually, they are, but our attorneys can investigate the entire circumstances to determine who may be responsible for the accident.
What if I may have done something to cause the accident?
Don’t assume you have no case if you’re accused of having a role in the accident. Florida uses a generous system of comparative fault to protect the rights of victims. Fault may impact the amount of compensation that you receive.
What Is the Process of a Car Accident Claim?
Filing directly with the insurance company
Sometimes, you can negotiate a fair result directly with the insurance company. Even so, this isn’t a simple process. You need to examine in-depth what the case is worth and skillfully negotiate. When we represent you, we handle these important tasks on your behalf.
Bringing a legal claim
If necessary, you file a formal claim. The case goes to civil court. It determines if the other side has legal fault and what they should pay. In the process, our attorneys build the case through subpoenas, depositions, and direct contact with witnesses. We work with experts that may be necessary for various evidentiary elements.
Reaching a settlement or going to trial
During a formal legal claim, settlement negotiation still plays an important role. We may have formal mediation sessions or speak directly with the other party’s legal counsel. If you reach a resolution, we finalize the paperwork. The case ends, and you collect your compensation. If the parties cannot agree on a settlement, you may try your case in front of a jury. We can represent you at all stages of the proceedings and work towards your personalized goals.
The process to receive compensation for a car accident varies from case to case. In some cases, there may be in-depth work to verify specific medical details. Sometimes, legal motions and documents are critical. Our lawyers serve you by identifying these issues and pursuing your case in a way that’s calculated for success.
Florida Car Accident Laws That Can Impact Your Claim
In a Florida car accident case, there are three laws you should understand because they can impact the value of your claim and how you access compensation. Those laws include the statute of limitations, no-fault auto insurance and the modified comparative negligence rule. If you have questions about how each affects your claim, an experienced attorney can explain, starting with whether you are eligible to file a fault-based claim.
No-fault auto insurance
Florida is one of only a few states with no-fault auto insurance. All drivers must have personal injury protection insurance to cover reasonable medical expenses, a portion of lost income and potential death benefits. To accommodate victims with severe injuries and substantial economic and non-economic losses, Florida mandated a serious injury threshold that allows you to bypass the no-fault process and file a liability claim against the at-fault driver.
Those who qualify must experience a permanent injury, permanent or significant loss of bodily function, disfigurement, scarring or death. If you have questions about your ability to file a fault-based claim and recover significantly more in compensatory damages, our Pensacola car accident lawyer will review your case and offer guidance.
Statute of limitations
For accidents that occur after March 24, 2023, the statute of limitations on a car accident lawsuit in Florida is two years from the date of the accident. If your accident occurred prior to that date, your statute is 4 years. Regardless, if you miss that deadline, you likely cannot seek damages through the court. However, certain conditions may warrant an extension:
- The at-fault driver successfully concealed their identity in Florida to avoid a process server.
- The injured person’s incapacitation stopped them from filing.
- The at-fault driver left the state during the two years following the accident.
The sooner you file your claim, the more beneficial it is for your case. Most cases resolve through a settlement without ever reaching the court.
Modified comparative negligence
Florida follows the modified comparative negligence rule to govern cases involving shared fault. If you are partially liable for the accident, you can still recover some damages as long as you are not more than 50% at fault. The court will determine what percentage of liability applies to both parties and deduct your portion from the total damages. For example, if you are 10% liable for $20,000 in damages, you can still recover $18,000 with a strong legal representative on your side.
Car Accident Claim FAQs
What’s the first thing to do after a car accident?
Call emergency services after a car accident if there is even a slight chance that anyone is injured. Florida law requires you to report any accident with injuries or apparent damages of $500 or more, so almost all accidents need to be reported. Seek medical attention if you are hurt or if you are unsure if you are hurt. After that, secure evidence at the accident scene and gather witness information.
How do I get the most out of a car accident claim?
To get the most out of a car accident claim, thoroughly document the case. Learn what laws and categories of compensation apply. Although you may want to reach a settlement before trial, prepare evidence as though you will present the case in court. Our attorneys offer full-service representation to make the most of your claim.
How long do I have to bring a Florida car accident claim?
If your accident happened after March 24, 2023, you have two years from the date of the crash to file. If your accident happened on or before March 24, 2023, you have four years from the date of the crash to file. If a death occurs, survivors have two years from the person’s death to file. Within no-fault insurance, you have two weeks from the car accident to seek medical care to qualify for full PIP reimbursement.
(Sources: Fla. Stat. § 627.736(1)(a); Fla. Stat § 95.11)
How often do car accident claims go to court?
Most car accident claims do not go to court. By building the evidence and having an honest evaluation from our attorneys, you can understand what your case is truly worth. Then, we negotiate to reach a settlement that is fair. In rare instances where the other side is unwilling to pay a fair amount, or if you simply want your day in court, you may choose to take your car accident claim to court.
When we meet car accident victims, they’re often worried about having to testify on the witness stand. Our attorneys understand what issues may impact whether your claim goes to court. Rest assured that if you choose to take your case to court, we’ll be prepared and by your side the entire time.
When To Contact Our Pensacola Car Accident Lawyers
If you suffered severe injuries and property damage because of a negligent driver, contacting a Pensacola car accident lawyer is the first step in recovering the compensation you deserve. At Stevenson Klotz Injury Lawyers, we understand the struggles that you and your family face after an accident.
We believe in frequent communication and quality work to give you peace of mind. Your legal issues are unique, and we are prepared to represent you to the fullest extent of the law.
To help alleviate some of the financial burdens, we work on contingency, charging no upfront fees for our services and only receiving payment if we win. Contact Stevenson Klotz Injury Lawyers in Pensacola, Florida, at 850-444-0000 to schedule your free consultation today.