Melbourne Car Accident Lawyers
If you were injured in a vehicle crash, you should get in touch with a car accident lawyer in Melbourne, FL. Your medical bills may be piling up and are unsure of when you can return to work. A lawyer can help you pursue the compensation you deserve. There may even be expenses you have not thought about — such as future medical bills or lost wages due to missed work — so it is crucial that you retain representation for your case. The sooner you reach out, the faster you will be able to make sure your rights are protected.
Table Of Contents
- What You Should Do If You Are Involved In A Car Accident
- The Most Common Car Accident Injuries
- Tricks Insurance Companies Try To Limit Your Compensation
- Melbourne Car Accident Law Infographic
- Factors That Determine The Value Of Your Car Accident Case
- Melbourne Car Accident Statistics
- Florida Car Accident Law Basics
- Faqs About Car Accidents In Melbourne FL
- Consult With Our Experienced Car Accident Lawyers
What You Should Do If You Are Involved In A Car Accident
Getting into a car accident is an incredibly stressful ordeal. Not only is it alarming at the time, but it can end up being expensive and having many other financial repercussions after the fact. You should always be prepared for what to do if you find yourself in this situation. Here are some of the steps to take if you are ever in a car accident.
Procedure In Case Of A Car Accident
Car accidents can be traumatic and disorienting experiences. It is essential to know the proper procedure to follow in case of a car accident to protect your rights and ensure a fair resolution of any legal matters that may arise. Hiring a skilled car accident lawyer in Melbourne, FL, can be invaluable in guiding you through the process and helping you achieve the best possible outcome. This article outlines the steps you should take following a car accident.
Prioritize Safety
Immediately following a car accident, your top priority should be to ensure the safety of all individuals involved. If possible, move your vehicle to a safe location away from traffic. Turn on your hazard lights, and use road flares or warning triangles to alert other drivers to the accident scene.
Assess Injuries
Check yourself and any passengers for injuries. If anyone is injured or in need of medical attention, call 911 immediately. It is crucial to seek prompt medical attention, even if injuries seem minor, as some symptoms may not be immediately apparent.
Call the Police
Regardless of the severity of the accident, it is essential to contact the police. A police report can be a valuable piece of evidence when pursuing a claim or working with a car accident lawyer in Melbourne, FL.
Gather Information
Exchange contact and insurance information with the other driver(s) involved in the accident. Obtain the contact information of any witnesses and take detailed notes about the accident, including the location, weather conditions, and any potential contributing factors.
Document the Scene
Use your phone or a camera to take photographs of the accident scene, including the damage to all vehicles involved, any skid marks or debris, and any visible injuries. These images can serve as crucial evidence for your car accident lawyer in Melbourne, FL, when building your case.
Contact Your Insurance Company
Report the accident to your insurance company as soon as possible. Be honest and provide accurate information, but avoid admitting fault or speculating on the cause of the accident. Your car accident lawyer in Melbourne, FL, can help you communicate with your insurance company and ensure your rights are protected.
Seek Medical Attention
Even if you feel fine after the accident, it is essential to seek medical attention to rule out any hidden injuries. Keep records of all medical treatments and expenses, as they will be vital in supporting your claim.
Keep Detailed Records
Maintain thorough records of all correspondence, medical bills, repair estimates, and other relevant documents related to the accident. This documentation will be crucial for your car accident lawyer in Melbourne, FL, when building a strong case on your behalf.
Follow Up on Your Claim
Stay in communication with your car accident lawyer in Melbourne, FL, and provide them with any additional information or documentation they may need. Regularly check on the status of your claim and be prepared to attend any necessary meetings or court appearances.
By following these steps, you can protect your rights and ensure that you receive the compensation you deserve after a car accident. A skilled car accident lawyer in Melbourne, FL, can be instrumental in guiding you through the process and helping you achieve a favorable outcome.
The Most Common Car Accident Injuries
Car accidents are an unfortunate reality on the roads of Melbourne, Florida, and across the United States. These incidents, ranging from minor fender-benders to severe collisions, can result in a wide array of injuries. At Tuttle Larsen, P.A., we have seen firsthand the physical and emotional impact these accidents can have on individuals and families. As experienced Car Accident Lawyers in Melbourne, FL, we are committed to providing comprehensive legal support to those who have suffered in car accidents.
Whiplash and Neck Injuries
One of the most common injuries resulting from car accidents is whiplash. This occurs when the force of a collision causes a rapid back-and-forth movement of the neck, similar to the cracking of a whip. Whiplash can lead to chronic pain, stiffness, and limited mobility. It’s not always immediately apparent, which is why medical attention post-accident is crucial. Neck injuries can also include more serious conditions such as cervical dislocation or disc injury.
- Head and Brain Injuries
- Back and Spinal Cord Injuries
- Broken Bones and Fractures
- Internal Injuries
- Cuts and Abrasions
- Psychological Trauma
Tricks Insurance Companies Try To Limit Your Compensation
Many of the clients we’ve helped at Tuttle Larsen, P.A. have told us horror stories about the way they were treated by their own insurance company. Many drivers are under the impression that their insurer is there to help after a car accident. The truth is that insurance companies are mainly interested in protecting their profits. A Melbourne car accident lawyer, can help you avoid common tricks insurance adjusters use to keep from paying.
Denying Valid Claims
Did you know that many insurance agents reject claims automatically without even looking at your case? That’s completely unfair, but it’s a common tactic. Insurance companies want to make the process as difficult and time-consuming as possible for drivers.
Having a car accident lawyer in Melbourne, FL, changes things. At Tuttle Larsen, P.A., we take care of your case so you can focus on other things. We can gather needed documents, fill out claim forms, speak with insurance adjusters and handle negotiations. You can get back to your life and still get the compensation you need.
Blaming You for the Car Accident
Florida has no-fault insurance, which means that it’s not necessary to figure out which driver was responsible. Your own insurance company handles claims for vehicle damages and medical costs, often with the help of personal injury protection driver’s coverage.
Don’t let your insurer give you bogus excuses to turn down your claim. You don’t have to prove your innocence to the insurance company or anyone else. At Tuttle Larsen, P.A., we tell you right away what the insurance company can and can’t do.
Offering You a Low Settlement
Sometimes, insurance companies try to convince you to sign an agreement that gives you a low payout after the accident. The small print may limit the medical expenses covered or prevent you from getting the treatments you need to recover. Always have a Melbourne car accident lawyer, look over any settlement agreements before you sign them.
We keep in mind your needs right now as well as possible costs you may face down the road. Many car accident injuries take a while to appear, potentially causing long-term issues that you didn’t notice right away. Our team can help you evaluate your options and negotiate with the insurer.
How much is your car accident claim worth? That depends on the type of coverage you have and the circumstances of the accident. Speak with a Melbourne car accident lawyer, to get a good idea of what you can expect in your case.
Melbourne Car Accident Law Infographic
Factors That Determine the Value of Your Car Accident Case
Determining the value of a car accident case can be a complex process, involving various factors that impact the potential compensation amount. At Tuttle Larsen, P.A., our experienced legal team is skilled in navigating these complexities to ensure that our clients receive the fair compensation they deserve. Understanding these factors is crucial for anyone involved in a car accident, as it provides insight into what can be expected from a legal claim.
Severity and Nature of Injuries
The severity and nature of the injuries sustained in the car accident are among the most significant factors in determining case value. More severe injuries typically lead to higher compensation due to the increased medical costs, longer recovery periods, and greater impact on the victim’s quality of life. This includes not only physical injuries but also psychological trauma that may require therapy or counseling.
Medical Expenses and Treatment Costs
Medical expenses form a substantial part of a car accident claim. This includes costs incurred for emergency services, hospital stays, surgeries, medication, physical therapy, and any future medical care required as a result of the accident. Accurate and comprehensive documentation of all medical expenses is essential in substantiating these claims.
Lost Wages and Earning Capacity
If injuries from the accident have resulted in time off work or a reduced capacity to earn, this loss of income is a critical component of the claim. The calculation includes not only lost wages but also lost opportunities, such as missed promotions or the inability to work in the same capacity as before the accident.
Pain and Suffering
Pain and suffering is a non-economic damage that refers to the physical and emotional distress caused by the injuries. This can be more subjective to quantify but is an essential element in determining the value of a car accident case. The extent of pain and suffering is often correlated with the severity of the injuries and their long-term impact on the individual’s life.
Property Damage
The extent of damage to your vehicle and any other personal property affected in the accident also contributes to the case value. Compensation for property damage typically covers the costs of repair or, in the case of a total loss, the current market value of the vehicle.
Liability and Comparative Negligence
Florida’s comparative negligence law plays a crucial role in car accident cases. If both parties share fault, the compensation amount may be reduced by the percentage of fault attributed to the injured party. Establishing clear liability is therefore crucial in maximizing compensation.
Insurance Policy Limits
The at-fault party’s insurance policy limits can also influence the case’s value. If the damages exceed these limits, recovering the full amount might be challenging, unless the at-fault party has significant personal assets.
Melbourne Car Accident Statistics
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), in 2022 in Brevard County there were 9,186 car accidents. 7,056 of these accidents involved injuries. Driving a car implies intrinsic responsibilities, not just while driving, but also in case of an accident. Nevertheless, many times we do not know how to act in a mishap, because we simply think that it is not likely to happen to us. In general, when a car accident happens we tend to feel fearful or extremely nervous even if we are unharmed. It is normal to have a delayed reaction or feel stressed in this kind of situation. However, it is always good to know what to do in these cases.
Florida Car Accident Law Basics
At Tuttle Larsen, P.A., our team of experienced Melbourne, FL car accident lawyers is well-versed in the intricacies of these laws and is committed to helping you navigate the legal landscape. When it comes to car accidents, having a clear understanding of the laws that govern these cases is essential.
Here, we provide you with valuable insights into the specific laws that play a crucial role in car accident cases in Florida.
Florida’s No-Fault Insurance System
Florida operates under a “no-fault” insurance system. This means that after a car accident, each driver turns to their own insurance company to cover medical expenses and certain financial losses, regardless of who was at fault. This system is designed to streamline the claims process and ensure that accident victims receive prompt compensation for their injuries.
Personal Injury Protection (PIP) Coverage
Under Florida law, drivers are required to carry Personal Injury Protection (PIP) insurance. PIP coverage provides compensation for medical expenses and lost wages, up to the policy limit, regardless of fault. However, it’s important to note that PIP benefits are subject to a deductible.
The 14-Day Rule
Florida has a critical legal provision known as the “14-Day Rule.” This rule requires accident victims to seek medical attention within 14 days of the accident to be eligible for PIP benefits. Failing to adhere to this deadline could result in the denial of essential benefits. Our Melbourne car accident lawyer understands the significance of timely medical care and can help ensure that you meet this requirement.
Comparative Negligence Law
Florida follows a comparative negligence system, which means that even if you share some responsibility for the accident, you may still be entitled to compensation. However, your total compensation will be reduced in proportion to your level of fault. Understanding how comparative negligence applies to your case is crucial for achieving a fair settlement.
Statute of Limitations
Every personal injury case, including car accidents, is subject to a statute of limitations. In Florida, you generally have four years from the date of the accident to file a lawsuit. It’s important to consult experienced legal counsel promptly to ensure all necessary evidence is preserved and legal deadlines are met.
Uninsured/Underinsured Motorist Coverage
Florida law mandates insurers to offer uninsured/underinsured motorist coverage (UM/UIM). This coverage can be invaluable if you are involved in an accident with an uninsured or underinsured driver. Experienced legal professionals can guide you through the process of filing UM/UIM claims to secure the compensation you need.
Wrongful Death Laws
In the tragically unfortunate event of a fatal car accident, Florida has specific wrongful death laws that apply. Family members of the deceased may be eligible to seek compensation for medical expenses, funeral costs, lost financial support, and emotional suffering.
FAQs About Car Accidents in Melbourne FL
What should I do immediately after a car accident in Melbourne, FL?
If you’re involved in a car accident in Melbourne, FL, your first step should be to ensure your safety and the safety of others. Move to a safe location if possible, and call 911 to report the accident and request medical assistance if needed. It’s crucial to exchange information with the other driver, including names, contact details, insurance information, and vehicle details. Additionally, take photographs of the accident scene, the vehicles involved, and any visible injuries. Avoid admitting fault or making statements that could be used against you later. Finally, contact a car accident attorney to understand your rights and the next steps.
How long do I have to file a car accident claim in Melbourne, FL?
In Melbourne, FL, the statute of limitations for filing a car accident claim is typically four years from the date of the accident for personal injury claims, and two years for wrongful death claims. However, it’s important to start the process as soon as possible. Delaying could hinder your ability to collect evidence and weaken your case. Additionally, if your claim involves a government entity, you may have shorter deadlines to contend with. Consulting with a car accident attorney soon after your accident can help ensure that all deadlines are met.
Can I still claim compensation if I was partially at fault for the car accident in Melbourne, FL?
Yes, you can still seek compensation if you were partially at fault for a car accident in Melbourne, FL. Florida follows a comparative negligence rule, which means that the compensation you receive will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%. It’s important to consult with a car accident attorney to accurately assess fault and ensure your rights are protected.
What types of compensation can I receive for a car accident claim in Melbourne, FL?
For a car accident claim in Melbourne, FL, you may be entitled to various types of compensation, including medical expenses for both past and future treatments, lost wages if you’re unable to work, and compensation for any future earning capacity if your injuries prevent you from returning to your previous job. You may also be eligible for compensation for pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded if the at-fault party’s actions were particularly egregious.
Do I need a lawyer for a car accident claim in Melbourne, FL, even if it seems straightforward?
Yes, it is highly advisable to consult with a lawyer for any car accident claim in Melbourne, FL. Even in cases that seem straightforward, complexities can arise, such as disputes over fault, challenges from insurance companies, or uncovering the full extent of your damages and injuries. A skilled car accident lawyer can navigate these issues, ensure that your rights are protected, and help you receive the full compensation you are entitled to. Their expertise is invaluable in negotiating with insurance companies and, if necessary, representing your interests in court.
Consult with Our Experienced Car Accident Lawyers
Understanding these laws and how they relate to your specific case is essential when pursuing a car accident claim in Melbourne. At Tuttle Larsen, P.A., we are dedicated to helping you navigate these legal intricacies and fight for your rights. If you’ve been injured in a car accident in Melbourne, don’t hesitate to reach out to our experienced Melbourne car accident lawyers. Contact us today for a free consultation, and let us help you secure the compensation and justice you deserve.
Tuttle Larsen, P.A., Melbourne Car Accident Lawyer
3617 20th St Vero Beach, FL 32960
Client Review
“Jesse Larsen and the Tuttle Larsen, P.A. staff were both professional and personal. It was the first time I ever needed a lawyer and my case was important for my future health. Thanks to Jesse I was able to get a settlement that ensured that would happen. In my opinion, he and Tuttle Larsen, P.A. are the best.”
Tracy Moore