top of page

Car Accident Lawyers in Florida

Serving Clients in Lakeland and Winter Haven

Straightforward Legal Advice After Your Accident

A car accident has the potential to change your life dramatically in an instant. In the blink of an eye, you go from being in charge of your own life and having everything under control to wondering how you are going to pay your bills when you are unable to work. Your rent or mortgage still comes due even if you are in the hospital. Your family still needs to eat and your children still need to go to school. And the worst part about all of this is that the only reason you are in this situation is because someone else was careless on the road. You need help and you need it now. This is where a Lakeland car accident attorney from Russo Law can help. We can help you apply the benefits that you have available on your case in the way that is best for you and we help you put together a strategy for your case. While we cannot go to the grocery store for you or take your children to school, we can give you the information that you need to make the best decisions you can.

 

Car accident cases in Florida have some characteristics that are unique to Florida law.  Even a simple “fender bender” has a number of legal hoops that you will have to jump through in order to get compensated for your injury.  This is why you need professional legal help from a car accident attorney on your case.  While the person who caused your accident is legally liable for your injuries, there are several things that need consideration.

 

No-Fault Car Insurance is Your Primary Source of Payment for Medical Expenses

The first thing that you should know about a car accident in Florida is that your own no-fault coverage pays up to your limits (typically $10,000) at 80/20.  This means that 80% of your medical bills are covered up to $10,000.  In other words, by the time that your no-fault coverage is exhausted, your no-fault carrier will have paid $10,000 and you will have at least a $2,500 balance with your medical providers.  No-fault coverage got trickier recently in that claimants without an “emergency medical condition” (EMC) are only given $2,500 in no-fault coverage and your no-fault coverage is waived completely if you do not receive treatment within 14 days of your accident.  If you have been involved in an accident and are hurt, we urge you to get treatment as soon as possible.

 

Permanent Injury Threshold

The second thing that you should know about a car accident in Florida is that you need to have some degree of permanency to your injuries in order to have a claim for non-economic damages such as pain and suffering.  This is frequently called the no-fault “threshold” in Florida.  If your injury does not exceed the “threshold,” then you are not permitted to claim pain and suffering damages at trial. Permanency is usually determined by a doctor who gives you a rating according to the AMA Guidelines to Evaluation of Permanent Impairment. Listed below are the statutory situations in which the “threshold” is met.

 

  • (a) Significant and permanent loss of an important bodily function.

  • (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

  • (c) Significant and permanent scarring or disfigurement.

  • (d) Death.

How a Jury Verdict Works

The next thing you need to know about a Florida car accident is that the person who caused the accident gets a setoff or credit in the amount of your no-fault coverage (see section 627.737, Florida Statutes) and any collateral sources (health insurance, write-offs, write-downs) for which there is no right of reimbursement or subrogation (see section 768.76, Florida Statutes).  This means that the person who causes an accident generally gets an automatic $10,000 setoff or credit.  Hence, if the case went to trial and the jury awarded $10,000, then the jury would be unwittingly awarding you zero.  It also means that if you have $30,000 in medical bills but health insurance only paid $5,000, then the person who caused the accident is not responsible for the difference between what was billed and what was paid.  While it may seem unfair, this is how Florida’s no-fault law works in conjunction with the collateral source rule.

 

As a car accident attorney, it is my job to show you how the law applies to your case and to help you make the best decisions that maximize the amount that you put in your pocket at the end of the day. If you or a family member have been injured in a Florida car accident, please call us to discuss your case. As always, an initial consultation with a Lakeland car accident attorney is free.

 

$9,500,000.00

Medical Malpractice

$8,000,000.00

Motor Vehicle Accident

$3,050,000.00

Medical Malpractice

$2,500,000.00

Motor Vehicle Accident

$1,250,000.00

Estate Litigation

Contact Us Car Accident
bottom of page