Clearwater Rear-End Accident Lawyer
How to Choose a Rear-End Accident Lawyer in Clearwater
If you were injured in a rear-end accident near Clearwater, you are probably wondering what to do about your medical bills and other expenses. Hiring a rear-end accident lawyer in Clearwater might seem like an obvious answer, but not all lawyers have the same talent or experience. Therefore, it’s important to find the right lawyer to handle your claim.
Why Do I Need a Clearwater Rear-End Accident Lawyer?
Most personal injury cases settle out of court. Some people assume that rear-end accidents are easy cases to settle, especially in no-fault states like Florida. This is simply not true. The average person is at a disadvantage when dealing with insurance companies. Insurance companies are a business. And businesses exist to make money. No insurance company wants to pay out big claims because the more they pay you, the less money the company makes. Therefore, adjusters and insurance attorneys are skilled at convincing unsuspecting accident victims to accept low-ball offers. These offers are bad for the victim but great for the company’s bottom line. You need to fight fire with fire—which means you need an experienced and aggressive Clearwater rear-end collision attorney on your side. A good attorney always puts your best interests first and gives you the best chance to get the full compensation for your injuries.
The legal system can be quite intimidating for people without the appropriate experience. Injuries from rear-end accidents, in particular, can be hard to prove because they are not always obvious. Rear-end incidents commonly involve injuries to the spine and brain, including concussions and other traumatic brain injuries, whiplash, and herniated discs. Although these injuries may not reveal themselves immediately, they can have long-lasting and debilitating effects on a person’s life. A rear-end accident attorney in Clearwater gathers all necessary evidence—including medical records, other documentation, and expert testimony—to prove your injuries and recover just compensation for you and your family. And if the insurance company unreasonably refuses to settle, a skilled attorney is ready and able to aggressively represent your interests at trial.
Florida Laws That Affect Rear-End Accident Cases
Every state has its own laws on how courts and insurance companies must handle car accident claims. Florida is no different. Your Clearwater rear-end collision lawyer can explain all of these issues in greater detail and craft a legal strategy to deal with them tailored to your specific circumstances.
Florida’s Statute of Limitations
People in Florida have a limited amount of time from the date of their accident to begin their legal claim, with some very limited exceptions. Generally, injured people have four years to begin personal injury suits, while people suing for their loved one’s wrongful death have two years. However, it’s always best to take action as quickly as possible after an accident. Taking immediate action gives your attorney time to gather evidence and create a strong case. If your attorney has to rush because you waited, your final award may take a hit.
Florida Is a No-Fault State
Florida drivers are required by law to have Personal Injury Protection (PIP) insurance of at least $10,000. Every driver must go through their PIP policy first for compensation after an accident—no matter who was at fault. Florida PIP policies can be used for medical expenses, lost wages, and death benefits. However, you may not be able to recover the full amount. For example, Florida PIP policies only cover 80% of medical costs, and 60% of lost wages, up to a maximum of $10,000.
Florida Law Presumes the Rear Driver Is to Blame
Florida law places a rebuttable presumption of negligence on rear drivers in rear-end accidents. This means that the front driver does not have to work very hard to prove that the rear driver was negligent. The presumption is that the rear driver was negligent when they hit the car in front of them because they were following too closely or not paying attention. The rear driver can rebut this presumption by showing that they acted with reasonable care, that there is some reasonable explanation for the accident, or that the front driver acted with negligence.
Contributory Negligence in Florida Personal Injury Law
Florida’s contributory negligence rule means that drivers can recover compensation for accident damages even if they were partially to blame. Every party involved in the case is assigned a percentage of fault based on the circumstances. The court reduces everyone’s awards by their percentage of fault. So if someone had a $100,000 claim, but they were 40% at fault, their award would be $60,000.
Wendy Doyle-Palumbo, Esq., Is the Rear-End Accident Attorney You Need
Wendy Doyle-Palumbo, Esq., is a Clearwater rear-end collision attorney. She has spent her entire career litigating and has a proven track record of success. When you hire our firm, you are not just another number. Your case will receive the personalized, compassionate care that you just cannot get at a larger firm. Wendy Doyle-Palumbo, Esq., is an experienced trial attorney in Clearwater that will fight for the best possible outcome and maximum compensation. Contact us today to discuss your case.