Injured in a Car Accident?

Suffering an injury in a car accident can be a traumatic and scary experience for anyone. Whether you experience a life-altering injury or just a minor one, it’s important to seek proper medical care and legal assistance right away. Our car accident attorneys at Bernstein & Maryanoff Injury Attorneys have extensive experience in representing victims of car accidents, making us an excellent asset to guide you through your car accident lawsuit. 

Most common car accident injuries

With seemingly endless factors to be considered when trying to understand the cause of the car accident, there are just as many types of injuries that can result from a vehicle crash. Despite the many types of injuries that can occur in a car accident, some injuries are especially common among car accident cases.

The most common types of injuries resulting from car accidents include: 

• Broken bones
• Burns
• Bruises
• Hand and wrist injuries
• Whiplash 
• Brain injuries and concussions
• Neck injuries and back injuries
• Scars
• Internal bleeding
• Loss of limbs
• Arm and leg injuries
• Post traumatic stress disorder (PTSD)
• Soft tissue injuries

Whether you’ve sustained an injury on this list or a more uncommon type of injury, the experienced legal team at Bernstein & Maryanoff Injury Attorneys is trained to handle any type of car accident case, regardless of the case’s complexity. 

What to know if you have been injured in a car accident

Florida’s car accident law

Florida is unique in that it relies on a modified no-fault system for car accident cases. This no-fault system determines the percentage that each party is liable for in the accident.

Minimum insurance requirements

Florida requires drivers who wish to register a four-wheeled automobile in its state to carry certain minimum amounts of insurance coverage related to that particular vehicle. It’s important to discuss these minimum insurance requirements with your car accident attorney to determine whether you meet these standards. 

Requirements to report an auto accident

If you have been involved in a car accident, Florida laws require you to immediately report the accident through the “quickest means possible” to any of the qualified Florida authorities. These authorities include the local police department, sheriff, or Florida Highway Patrol. Typically, the quickest means possible is through a phone call for most people with cell phones. 

Comparative negligence in Florida

It’s important to understand that car accidents in Florida rely on the use of comparative fault. In comparative fault claims, both parties involved are considered at fault, with a certain percentage of fault being assigned to each party. The percentage of fault of each party determines their settlement and can possibly reduce your settlement amount or determine your ineligibility of obtaining any damages. 

Florida’s statute of limitations

In most cases in Florida, the statute of limitations for bringing a car accident claim is four years from the date of the accident. 

Florida’s no-fault insurance program

Like some other states in the United States, Florida utilizes a no-fault car insurance system. With this system, your personal injury protection coverage — also known as PIP coverage — will pay the medical bills and any other damages of anyone else on the policy. This coverage will take over regardless of which party caused the accident. It’s important to understand that there are limits to what types of damages are covered under this system, and your attorneys at Bernstein & Maryanoff Injury Attorneys can help walk you through this coverage so you know what to expect. 

Per the no-fault system, if you are in a smaller accident with minor injuries, you do not have to be involved in a lawsuit. The no-fault system compensates each driver for their injuries through their own insurance company. The no-fault system doesn’t apply in situations where a car accident causes catastrophic or permanent injuries. To win your accident claim, you must be able to establish that the other driver was either entirely or partially responsible for the incident. 

If a case does not fall within the no-fault system, you may be compensated for financial damages and pain and suffering. Be sure to discuss these details with your car accident attorney during your first consultation to understand what you may be compensated for. 

Can I sue the at-fault driver after being injured in a car accident?

Yes, you can sue the at-fault driver after being injured in a car accident. The legal team at Bernstein & Maryanoff Injury Attorneys can help you establish fault and seek the proper compensation for your injuries. 

What damages can I recover for injuries sustained in a car accident?

There are many factors to take into account when determining what damages you may recover for your car accident injuries. This is where having an experienced car accident attorney can make a significant difference. The legal team at Bernstein & Maryanoff Injury Attorneys ensures you have a complete presentation of your damages during any negotiations with the opposing counsel or insurance companies, helping you avoid trial while receiving maximum compensation. 

Some of the damages which can be awarded in a Florida car accident lawsuit include: 

• Property damage
• Medical expenses
• Lost wages
• Emotional damages/ trauma
• Punitive damages

Certain types of financial compensation may be difficult to value, such as pain and suffering or emotional damages, but our car accident attorneys can help you determine what to claim for any intangible losses to which you may be entitled. Your Bernstein & Maryanoff Injury Attorneys attorney will leave no stone unturned in your settlement negotiations, allowing you to reach maximum compensation.  

How much is my car accident injury case worth?

Given the complexity of car accident lawsuits and the many factors to take into consideration, it’s not surprising that no two car accident injury settlement amounts are exactly the same. A study conducted by Martindale-Nolo determined that the average compensation awarded for injured accident victims is $29,700, while the average compensation awarded for an accident victim with no injuries is $16,700. 

Understandably, cases with more complex and catastrophic injuries are typically awarded higher settlement amounts than cases with minor injuries and minimal damages.

How long do car accident settlements take?

Similar to settlement amounts, the duration of the car accident settlement process depends on a variety of factors and the complexity of the claims. Sometimes a settlement amount may be reached in as little as a few weeks, whereas other settlements could take months, or even years, to reach.  

Common factors that impact the amount of time it takes to reach a settlement in a car accident case include: 

• The severity and complexity of the injury or damages sustained
• Whether or not liability is disputed or accepted by both parties
• Whether or not all necessary evidence has been gathered and presented
• The insurance companies involved in the claim and their practices regarding claims processing times
• Any Florida state laws governing how quickly settlements must be processed and resolved

Consulting with an experienced car accident attorney will help give you an idea of what you can expect in terms of how long your personal car accident case may take to settle. 

What is the benefit of hiring a car accident injury lawyer?

Having an experienced attorney represent you after you have been in a car accident is essential to ensure you receive proper compensation for your damages. Our car accident attorneys have a passion for representing clients and reaching the best settlements possible. Bernstein & Maryanoff Injury Attorneys lawyers are committed to each client. Contact our firm today for a free consultation!

Sources:

Beiber, C. (2022). Typical Car Accident Settlement Amounts. 

Burgoyne, J. (2023). 15 Common Car Crash Injuries.

FLA. STAT. § 768.81.

Goguen, D. (2023). Florida No-Fault Car Insurance. Landers, D. (2023).

What Are The Most Common Vehicle Accident Injuries?