How to Find the Best Florida Car Accident Lawyer
Car accidents happen every day on Florida’s roads. In fact, the Florida Department of Highway Safety And Motor Vehicles reports there were 397,620 motor vehicle accidents involving 678,783 drivers in 2022. This includes 3,320 fatal crashes, as well as 12,747 accidents that caused incapacitating injuries.
These accidents can change the course of your life forever. If someone hurts you or causes the death of your loved one as a result of a collision, you may be left coping with long-term financial and physical consequences as a result of the incident.
Florida law protects you and allows you to recover compensation if you or someone you love is hurt in a car accident. The law can be complicated, though, so you’ll need to find the best Florida car accident lawyer to help you navigate the process of getting the money you deserve. But with so many lawyers offering services, find the best auto accident lawyer is easier said than done.
This guide will help you to understand what car accident lawyers do and guide you through the process of selecting a trusted auto accident attorney who will fight for your rights and help you get compensated fairly.
What Does a Florida Car Accident Lawyer Do?
Florida auto accident lawyers are complex because the state is a “no-fault” insurance state.
Under Florida Statute section 627.7407, drivers are required to purchase Personal Injury Protection (PIP) coverage. This is also sometimes called “no-fault” insurance.
As the Florida Department of Highway and Motor Vehicle Safety explains, drivers must have a minimum of $10,000 in personal injury protection, which covers 80% of “necessary and reasonable” medical expenses after a collision. This insurance provides this coverage no matter who was to blame.
Unfortunately, drivers don’t always know the rules for making claims under their PIP coverage. A car accident attorney helps you understand your rights and obligations. An attorney also works with you to file your claim and to negotiate with the insurer to receive fair compensation.
When injuries are serious and another motorist was to blame for an accident, you also have the option to file a claim against the at-fault driver. This enables you to recover more compensation than your PIP policy offers. To be eligible, your injuries must meet the definition of “serious” under Florida Statute section 627.737.
Serious injuries under this statute include:
- Injuries resulting in significant and permanent loss of an important bodily function.
- Permanent injuries that result in irreversible.
- Injuries that result in significant and permanent scarring or disfigurement.
- Death.
An auto accident attorney helps you understand when your injuries are serious enough to make a legal claim against the other driver. In these situations, your lawyer will work to negotiate a settlement or litigate in court after putting together the strongest possible case.
You don’t want to give up your right to recover full and fair compensation because you don’t understand the law so you should make certain to get the appropriate legal help. That means finding the right lawyer with the credentials and skills to act as your advocate.
How to Find the Best Florida Car Accident Lawyer Near You
When you or someone you love has been hurt in a crash, it’s important to find an attorney with not just legal knowledge but also compassion, strong communication skills, and experience resolving claims both in and out of the courtroom.
Start your search by assembling a list of trusted advocates to talk to. Do that by:
- Asking people in your network for referrals. If you’ve worked with a lawyer in the past on other legal issues such as divorce or purchasing real estate, they could potentially recommend a colleague they trust.
- Checking with local organizations or the local bar association to find directories or lists of skilled attorneys.
- Searching online to find attorneys who are focused on auto accidents and who have helpful, informative websites.
After identifying some potential attorneys that you may want to represent you, here’s some things to look for to find the right advocate.
Auto Accident Experience
You don’t want to hire an attorney who doesn’t have extensive experience with these types of claims. You want someone who has dedicated their career to representing auto accident victims, and who knows the laws inside-and-out so they can help you navigate a complicated legal system.
To find the best Florida car accident attorney, look for lawyers who have worked for years fighting for crash victims. Ask how long they have been specializing in this area of law and how many victims they’ve successfully represented.
Some attorneys also focus on specific types of auto accident claims, such as cases involving drunk drivers. Consider looking for a lawyer with this type of specialized knowledge based on the type of crash you were involved in.
Finding a lawyer with expertise in the type of crash you were involved in will be helpful because your attorney will leverage their experience to put together the strongest claim for you. For example, a lawyer who regularly represents victims injured in DUI crashes will have connections with experts who can testify on the impacts of impaired driving. They’ll also have experience interfacing with officers, and understand the process to obtain and interpret BAC test results.
Contingency Fees
When you hire a lawyer after a collision, you should never work with an attorney who requires you to pay an hourly fee for their services. The best car accident lawyers work on contingency fees; they do not get paid legal fees if they do not help you recover compensation.
Most car accident attorneys are paid a percentage of the money they help you to recover. This percentage increases depending on when your claim is resolved. For example, you’d pay a lower percentage fee to a lawyer if your case settles versus if it is resolved in court or after an appeal.
When you hire a lawyer who works on a contingency fee, your interests are aligned. The more money your attorney recovers for you, the higher their own compensation.
It’s also important to know that studies have shown that clients represented by a lawyer recover more money in their claims even after deducting the contingency fees they paid, because their attorneys help them to receive larger damage awards. Getting legal advice matters.
Negotiation and Litigation Experience
The majority of personal injury claims are resolved outside of court, with only around 3% going to trial according to the Bureau of Justice Statistics.
You need an attorney with solid negotiation skills to maximize the chances of settling your claim. Settlement means you and the insurer paying the bills agree upon a fair payment amount for your damages. You receive a lump sum payment and give up your right to future claims.
If your case doesn’t settle, your lawyer must go to court on your behalf to present a strong claim. Not all auto accident lawyers have litigation experience because so few cases go to court. If you want an advocate you can count on to be there for you until the end, make certain the lawyer you hire is comfortable in the courtroom.
Ask potential attorneys about what experience they have in both settlement negotiations and litigation to ensure you’ll have a strong advocate no matter which way your case is resolved.
Communication Skills
Strong communication skills are key when you’re hiring a car accident lawyer to represent you.
It often takes weeks, months, or even years to navigate the legal system and recover compensation. Throughout this time, you want a lawyer you feel comfortable with, who keeps you updated on developments in your case, and who is there to answer your questions and address your concerns.
You’ll also be sharing intimate details of your life and your losses with your attorney, including the pain your collision caused and the ways in which it has changed your ability to work and maintain family relationships. You need someone you feel comfortable talking to.
When you meet with potential attorneys, pay attention to how well they listen to you, whether they make you feel comfortable, and whether they answer your questions in a way you understand. Ask about the methods and frequency of their communication and whether you’ll be speaking with them regularly or with associates and paralegals who work under them. Be sure you’re satisfied with the answers you get to your questions.
Track Record in Car Accident Claims
Average car accident settlements vary, some victims can receive thousand while others receive hundreds of thousands of dollars in damages when they have been severely harmed or lost a loved one.
Ask any potential auto accident lawyers you’re considering about their success with helping clients recover auto accident compensation. It’s important to know that past results do not guarantee future results and your individual case will determine your own damage award. Still, a lawyer who has successfully recovered millions in damages is likely a better choice than someone who has rarely won a car accident case.
Ultimately, if you find an attorney with experience in and out of court, who has helped many past clients get fair compensation and who works under a fair contingency arrangement, that attorney is likely going to be a strong advocate for you.
Why Hire a Florida Car Accident Lawyer
After a car accident, looking for a lawyer may seem like a daunting task to add to your to-do list -- especially if the insurers involved seem willing to accept responsibility and provide you with compensation.
The reality, though, is that it’s important to have an advocate who knows the law and who is on your side, especially if you have suffered any serious injuries or experienced casualties as a result of the crash. A lot of money is at stake in auto accident claims and the best Florida car accident lawyers will provide invaluable assistance as you exercise your rights.
Here are just some of the many services your attorney will provide that are crucial in the aftermath of an accident.
Gathering Evidence
When a crash happens, you must prove both who was at-fault and the extent of your damages. An auto accident lawyer helps you do that. Your attorney will work with you to gather important evidence necessary to make a successful car accident claim. This may include taking the following steps:
- Interviewing witnesses who observed the crash.
- Obtaining official police records such as accident reports or toxicology reports.
- Hiring experts to testify as to the cause of the accident or the extent of the harm.
- Assisting you in proving your damages by maintaining proper records of medical bills and keeping a pain journal.
The stronger your evidence, the more likely it is that insurers will offer you a fair settlement or that the court will find in your favor and award you enough damages to fully compensate for all losses.
Negotiating a Settlement
If you settle outside of court, you typically receive your compensation more quickly and avoid the stress and time involved in formal legal proceedings. However, once you have settled, you can recover no further damages from the defendant even if it turns out you were more badly harmed than you thought or that you weren’t offered a fair amount of funds.
The best car accident lawyer knows what your claim is worth and can send a demand letter to the insurance company to start negotiations on your terms. Your attorney may also bring strong negotiating skills to the table and insurers are less likely to try to take advantage and offer a lowball settlement when they know that you have a knowledgeable legal advocate.
Litigating Your Case
When your case goes to court, things become much more complicated. You must understand rules of evidence, depose witnesses, find experts, and file forms, motions, and pleadings with the court.
Trying to navigate this process on your own is difficult or impossible, especially as you cope with the aftermath of your injuries or your loved one’s death.
A skilled litigator understands court rules and can not only gather the right evidence but also make compelling arguments that will convince a judge or jury to award you fair compensation for your life-changing losses.
Protecting Your Rights
Finally, your auto accident attorney will help ensure you don’t miss deadlines or make other mistakes that could adversely impact your ability to recover damages.
Most Florida auto accident claims are based on negligence, so according to Florida Statute section 95.11, you have two years to make your claim before it is “time-barred” under the state’s statute of limitations.
With help from a skilled legal professional, you’ll understand all the rules you need to know to navigate the legal system and will be able to hold those who harmed you accountable.
FAQ
Should I Get a Lawyer After a Florida Car Accident?
Yes, you should hire a lawyer after an car accident in Florida. The best Florida car accident lawyers help you navigate the legal system and ensure you get the compensation you deserve. Your lawyer can assist you with gathering evidence, putting together a strong case, negotiating a fair settlement or litigating your claim within the statute of limitations.
How Much Does an Attorney Charge For a Car Accident?
Most auto accident lawyers charge on a contingency fee basis. You’ll pay a percentage of the compensation they recover for you and you will not owe legal fees unless you win your claim.
Contingency fee structures protect you and ensure your interests are directly aligned with the attorney who is representing you. Still, it’s a good idea to always ask up front to understand the fee structure and determine exactly how much you will be charged.
How Can I Find the Best Florida Car Accident Lawyer After a Crash?
To find the best Florida car accident lawyer after a crash, tap into your network. Ask friends, family, and attorneys you have worked with on other legal matters for a referral to a skilled lawyer. You can also search online for lawyers specialized in auto accidents. When you interview potential attorneys, pay attention to several factors including:
- Whether the lawyer has significant auto accident experience.
- How they’ve resolved past car accident claims for clients.
- Understand if the attorney has litigation and negotiation experience.
- If you’re comfortable with their communication style.
This story was originally published July 30, 2024 at 1:15 PM.