Personal Injury

When you hire our car accident law firm, we’ll:

• Coordinate an independent investigation into the circumstances surrounding your car accident in Hillsborough County
• Gather and analyze evidence to establish the cause(s) and identify all liable parties
• Work closely with leading accident specialists and experts as we build your case and determine what it’s worth
• Handle all conversations with other parties and their insurance providers
• Negotiate fiercely on your behalf, backing our demands with facts and evidence needed to get you the money you deserve
• Have our trial attorneys argue your case in front of a judge and jury, if necessary.

Florida law explains that two types of damages – economic and non-economic – are typically available in personal injury cases.

Economic damages, which are awarded to make you financially whole after an accident, including:

• Current medical bills
• Future medical expenses
• Nursing care
• Rehabilitation
• Lost wages
• Lost income
• Disability
• Property damage
• Funeral costs, if an accident is fatal

You have to be able to prove you lost money to get these types of awards.

Non-economic damages, which are awarded to compensate for consequences that don’t have a set financial value, including:

• Emotional distress
• PTSD
• Disfigurement
• Loss of consortium
• Loss of enjoyment of life
• Chronic pain

Often referred to as “pain and suffering” damages, these are highly subjective and difficult to value in terms of dollars and cents. It’s critical to have solid evidence and expert testimony to support any demands for these awards.

In some situations, punitive damages might also be available. However, there has to be clear and convincing evidence of intentional or grossly negligent conduct for punitive awards to apply.

What if I am partially at fault for the accident?

Yes. Since Florida has pure comparative negligence rules, you can recover damages after a crash even if you contributed to the wreck. 

However, your financial award will be reduced by however much fault you’re assigned. If you’re allocated 30% of the blame for the auto accident, your damages will be reduced by 30%. 

Other parties and insurance companies will try to shift as much of the blame for a crash to you as they can. It’s important to fight back against these allegations. The more blame you’re assigned, the lower your financial award will be.

Florida “No Fault” Rule

Florida currently operates under a “no fault” car insurance system where drivers are required to carry minimum amounts of PIP (Personal Injury Protection) coverage in the event of an injury. You’re required to turn to your own provider for benefits if you’re injured in an accident, regardless of fault. 

That might soon be changing – the legislature has passed a law to make Florida a fault-based state. That would mean pursuing insurance benefits from the provider of whoever is responsible. 

Filing A Lawsuit

Insurance is the primary source of compensation for victims after an automobile accident. However, sometimes insurance providers find ways to deny claims or limit their liability.

Other times, at-fault parties have no insurance or the costs of a victim’s injuries exceed policy limits. In these (and other) situations, injured victims have the option of filing an injury lawsuit against those responsible for a wreck.

You might be able to file a lawsuit against:

• Other motorists on the road
• Truck drivers or trucking companies
• Bicyclists or pedestrians
• Employers of negligent parties
• Government entities, or
• Companies responsible for designing, manufacturing, or selling defective products.

Anyone who was negligent – or strictly liable for your injuries under the law – can potentially be named as a defendant in your car accident lawsuit.

Most auto accident cases begin with an insurance company. Whether it’s your provider or someone else’s, it’s best to have an experienced attorney representing you throughout the car accident claims process. Your lawyer can make sure that adjusters play by the rules and offer you a fair settlement – knowing that the threat of litigation in a courtroom is very real if they don’t.

DEALING WITH INSURANCE COMPANIES

Dealing with an insurance company is more complicated than it seems on its face. Insurance adjusters are trained to minimize the value of your claim and they will go to great lengths in order to do so. Keep in mind that insurance companies exist to make money first and foremost.

After an accident occurs and you contact the insurance company, the insurance adjuster will likely send you an early settlement offer. It is almost always a good idea to turn this offer down. The initial settlement offer from the insurance company will almost certainly be for less than your claim is worth.

HOW LONG DO I HAVE TO FILE A CAR ACCIDENT LAWSUIT IN FLORIDA?

You have a four-year time limit to file a car accident lawsuit. The statute of limitations begins to run the moment an accident happens or when a victim discovers their injuries (if not immediately apparent after a wreck), whichever is later.

You’ll have less time to file a lawsuit if:

• An accident is fatal (Florida has a two-year limit for wrongful death lawsuits), or
• You’re attempting to recover compensation from a government entity (government claims must be initiated within a matter of months, not years).

You might be able to toll – or pause – the statute of limitations if:

• The defendant is facing criminal charges for the accident
• The defendant is out of the state or can’t be located, or
• The victim is a minor at the time of the accident.

If you don’t file your lawsuit before the statute of limitations runs out, your ability to get compensation will be lost.

Protect yourself and make sure that your claim is filed on time is by contacting an experienced Tampa car accident lawyer near you as soon as you can after you get injured. Cuccuini Law Firm, P.A is ready to help you pursue the damages you need and deserve.