Car accidents can be life-altering events, leading to physical injuries, emotional distress, and financial burdens. Drivers are responsible for operating their vehicles carefully and cautiously to prevent injury to others. Unfortunately, car accidents remain a common occurrence in New Port Richey and across Florida. While some accidents are mere inconveniences, many cause substantial harm to individuals and property, with the unsettling truth that most could have been avoided.
At Wendy Doyle-Palumbo, our personal injury team is well-equipped to represent you in dealings with negligent drivers and their insurance companies, striving to get you the best possible compensation. While initiating an injury claim may seem daunting during recovery, you should not bear the burden of medical bills, lost income, pain and suffering, and other losses alone.
We will leverage our extensive experience to assist you in pursuing a comprehensive and equitable financial recovery after a serious auto accident. Contact us at (727) 233-2134 to schedule a consultation.
At Wendy Doyle-Palumbo, we recognize the intricacies and challenges associated with car accident cases in New Port Richey, FL. Here’s why you can rely on us to manage your case:
Experiencing a car accident can be overwhelming and stressful. Knowing what steps to take immediately following the accident can help protect your health, your rights, and your ability to receive fair compensation. If you’ve been involved in a car accident, here is a guide on what to do:
Identifying the responsible party can be confusing, given the numerous potentially accountable entities, including:
When establishing liability for a collision, evidence such as accident-scene photos, witness statements, and police reports becomes invaluable. The legal team at Wendy Doyle-Palumbo can scrutinize the details and evidence surrounding your crash to ascertain the parties at fault and who are, consequently, liable. We manage a range of car accident claims, including incidents involving:
Florida is one of the no-fault car insurance states in the U.S. Under Florida’s no-fault law, following a car crash, your personal insurance coverage typically assumes responsibility for covering your financial losses, including medical expenses.
PIP coverage does not fully cover all your losses related to the accident. By law, your insurer is obligated to provide the following benefits:
While PIP coverage may assist with compensation after a minor accident, if you have sustained a “serious injury” in a crash, you can pursue a personal injury claim against the at-fault driver.
The concept of liability is pivotal when pursuing a claim against another driver. To establish liability, a claimant must prove that the at-fault driver failed to drive safely and exercise reasonable caution to prevent injury to others. Additionally, it is crucial to show that the negligent or reckless actions of the at-fault driver led to your injuries and associated losses, such as medical expenses and lost wages.
Proving liability in a car accident necessitates evidence, and the assistance of an experienced New Port Richey car accident attorney can simplify this process. An attorney can promptly initiate an investigation into the accident’s cause and gather essential evidence to bolster your claim, including:
While Florida is still a no-fault state for auto insurance, fault or liability matters if there is a need to file a third-party injury claim. Before HB 837, accident victims in Florida could recover compensation no matter how much at fault they were for a crash. Under the new modified comparative negligence rule, individuals who suffer injuries due to negligence can only recover damages if they are found to be 50 percent or less responsible for their injuries. If a person is more than 50 percent at fault for the accident, they are barred from recovering any damages. This rule, however, does not apply to medical malpractice cases in Florida, which remain an exception.
The amount of compensation a person can receive under the modified comparative negligence rule is proportionately reduced by their percentage of fault. For example, if a victim is found to be 25 percent at fault for an accident and their damages total $100,000, their compensation will be reduced by 25 percent to $75,000. This adjustment reflects their share of responsibility for the accident. Conversely, if an individual is more than 50 percent at fault, they are not entitled to any compensation under the new law.
The new law benefits insurance companies by potentially reducing their payout obligations. Under the previous pure comparative negligence system, insurance companies had to pay claims regardless of the plaintiff’s degree of fault. Now, they owe nothing if the claimant is more than 50 percent responsible for the accident. Insurance companies may leverage police reports and other documents to assert that a claimant is predominantly at fault. While police reports and traffic tickets are inadmissible in court as evidence of fault, insurers may still use these documents to influence claims.
Understanding the common causes of car accidents can help you be more vigilant on the road and may also be important in determining fault in an accident. Some frequent causes of car accidents in New Port Richey include:
Distracted Driving
Distracted driving, such as texting, eating, or adjusting the radio, is one of the leading causes of car accidents. Even a momentary lapse in attention can result in a serious collision.
Speeding
Driving above the speed limit or too fast for road conditions significantly increases the risk of accidents. High speeds reduce the driver’s ability to react to sudden changes and increase the severity of collisions.
Drunk Driving
Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction times. Drunk driving remains a major cause of fatal accidents in Florida.
Running Red Lights and Stop Signs
Disregarding traffic signals and stop signs can lead to dangerous intersection collisions. These accidents often result in serious injuries due to the high speed of vehicles involved.
Tailgating
Following too closely behind another vehicle reduces the time available to react if the vehicle in front stops suddenly, leading to rear-end collisions.
Inexperienced Drivers
New or inexperienced drivers may lack the skills and judgment needed to navigate complex traffic situations safely, increasing the likelihood of accidents.
We understand that car accidents can happen under various circumstances and result in a wide range of injuries and damages. Our experienced New Port Richey car accident lawyers are equipped to handle all types of car accident cases, providing you with the skilled legal representation you need to secure fair compensation. Here’s an overview of the types of car accident cases we handle:
Contact Wendy Doyle-Palumbo at (727) 233-2134 to book a free phone, video, or in-person consultation.
After a car incident, you may have the option to pursue legal action for economic and non-economic damages.
Economic damages are granted to compensate for quantifiable financial losses resulting from the accident, typically covering:
Non-economic damages pertain to subjective effects of an accident that are not easily quantifiable. These may include:
Punitive damages may be pursued in cases where your car crash resulted from the defendant’s intentional misconduct or gross negligence. Under Florida law, these damages are limited to the greater of three times the total of your actual losses (economic and non-economic) or $500,000.
Under Florida statutes, individuals have a limited two-year window to either resolve a claim or initiate a personal injury lawsuit following an accident. Failure to do so within this time frame may result in the inability to obtain compensation for injuries.
Nevertheless, specific exceptions to this statute of limitations exist. Speaking with a car accident lawyer is essential for clarifying the particular circumstances relevant to your case. It is advisable to contact our legal team sooner rather than later, irrespective of the situation.
What Is My Car Accident Injury Case Worth?
The potential compensation for your case hinges on the details of your accident, such as the extent of your injuries and the available insurance coverage or assets. A reliable attorney can assess the particulars of your situation and assist in determining the possible amount you may be entitled to receive.
How Can I Determine If I Have Grounds for a Personal Injury Case?
You may have a potential personal injury case if you have sustained serious injuries in a car accident resulting from someone else’s negligence. Our lawyers can assess your situation and help you understand your legal alternatives.
Is Legal Representation Necessary for a Personal Injury Case?
Working with a seasoned attorney is essential to increase the likelihood of achieving the optimal outcome in your personal injury case. Although individuals in Florida have the option to file personal injury claims independently, those who engage attorneys are more likely to secure the highest possible compensation.
Will a Court Appearance Be Necessary for My Car Accident Case?
Although numerous car accident cases are successfully settled through negotiations, certain cases may necessitate litigation and court proceedings. We will evaluate the particulars of your case and offer guidance on the most appropriate course of action. Be assured that if your case advances to court, we will offer robust advocacy to protect your rights and seek the compensation rightfully owed to you.
What If the Other Driver Lacks Insurance or Leaves the Accident Scene?
In an accident with an uninsured driver or a hit-and-run incident, avenues for compensation may still be available. Florida law requires drivers to carry Personal Injury Protection (PIP) coverage, which provides benefits regardless of fault. If the at-fault driver is uninsured or underinsured, you may still recover compensation through your own uninsured/underinsured motorist coverage, if you have it. Consult with an attorney to explore all available options.
What If I’ve Already Communicated with My Insurance Company Following a Car Accident?
Your insurance provider aims to expedite the resolution of your car accident claim to protect their own best interests. We can take charge of all communication with your insurance company, even if you’ve already engaged with them post-accident.
Navigating the aftermath of a car accident can be daunting. Our New Port Richey car accident lawyers provide comprehensive legal support to help you through this challenging time.
We offer a free initial consultation to discuss your case, answer your questions, and provide an honest assessment of your legal options.
Our team will thoroughly investigate the accident, gather evidence, interview witnesses, and work with experts to build a strong case on your behalf.
Insurance companies often aim to minimize payouts. We handle all negotiations with the insurance adjusters to ensure you receive the compensation you deserve.
If a fair settlement cannot be reached, we are prepared to take your case to court. Our attorneys have extensive trial experience and will advocate aggressively on your behalf.
From helping you get your car repaired to ensuring you receive proper medical care, we provide full support throughout the entire legal process.
If you or a loved one has been involved in a car accident in New Port Richey, or elsewhere in Florida, don’t face the legal complexities alone. Contact Wendy Doyle-Palumbo at (727) 233-2134 to schedule a free consultation. Our team is ready to provide the legal support and representation you need to navigate the aftermath of a car accident successfully.
© 2024 Wendy Doyle-Palumbo, Esq. All rights reserved.
Website by Gladiator Law Marketing