Yes. Car accidents of any level need legal attention. A minor car accident seems easy to handle without a lawyer’s assistance. The damages and losses are also less compared to serious motor vehicle accidents. The victim may suffer small injuries, but nothing is seriously damaged. The question automatically comes to mind: why do I even need an attorney?
And here comes the twist. Minor accidents look minor, but they can turn into bigger concerns if left unaddressed. Before the victim agrees to the settlement amount or accepts the compensation check, they must understand their personal injury rights under Florida Law. The expert car accident attorneys in Winter Haven can guide car accident victims with expert legal representation. A car accident calculator also helps estimate compensation amounts for each car accident case.
What is A “Minor” Accident?
Minor car accidents cause less property damage and no big injuries. Such accidents include fender benders, small rear-end collisions, etc. Most of the car accidents that take place on Florida roadways are ‘minor’ accidents. But victims must know that minor damage to the vehicle doesn’t mean minor physical harm.
Do Small Accidents Cause Real Injuries?
Yes. Small accidents can cause real injuries. Whiplash, soft tissue damage, and concussions are also the results of small accidents. These injuries do not show up right after the accident. They take time to surface, and they appear only if left untreated. After an accident, the victim instantly feels at sea. The adrenaline rush masks the pain and injuries. Deep injuries like traumatic brain injuries (TBIs) or internal bleeding don’t show immediate signs. But if left unnoticed for a time, these injuries may put the victim’s life at stake. The neck stiffens. The spine aches. Back pain freezes range of motion.
Internal injuries are common in minor car accidents. The victim needs medical care right away after the crash to heal the injuries from within. If the victims skip prompt medical attention, their physical and mental health suffers long-term complications.
The No-Fault Rule of Florida
Florida operates under a no-fault insurance policy. Under this regulation, the victim’s own car accident coverage takes care of their injuries irrespective of who is responsible for the accident. According to state law, every driver is required to have at least $10,000 worth of Personal Injury Protection (PIP) insurance, which comes into use in case of an accident. The insurance policy should also include $10,000 worth of Property Damage Liability coverage. If the other driver is held liable for the accident and the victim’s losses exceed the coverage, the victim may have to file a claim against the negligent party.
The victim must visit a doctor within 14 days after the car accident to be eligible for the benefits offered by their PIP insurance. If the victim misses the timeline, they may lose the right to use their coverage.
What Does A Pain Calculator Do?
Car Accident victims often look for a pain and loss calculator to understand what their claim may be worth. An accident injury calculator can give the victim a rough estimate about the potential compensation. Under Florida Law, accident claims causing permanent injuries and scars, and serious harms are often paid less. The calculator can’t review the victims’ medical records. Neither can it say whether an accident case meets the legal standard for a compensation claim. At this point, the role of a car accident attorney in Winter Haven is crucial. An experienced personal injury attorney analyzes the victim’s case and explains whether it meets the legal bar. A personal injury attorney also assesses the potential claim value for all the injuries and losses the victim has suffered.
Modified Comparative Negligence Rule of Florida
In 2023, Florida launched its modified comparative negligence rule. Under the amended regulation, a personal injury victim cannot recover damages if the person is found guilty of more than 50% for the accident. If the victim is at fault for 50% or less of the accident, the law deducts an amount from the settlement value based on the degree of the victim’s liability. When negotiating, insurance companies often try to shift the blame to the victim and reduce or deny the claim. It makes the role of an attorney crucial. An attorney understands how state and country law works.
Florida’s Statute of Limitations
Under Florida Statute §95.11, personal injury victims have 2 years from the date of the accident to file a lawsuit. Two years may seem a lot, but collecting evidence, talking to the medical and legal professionals, interviewing witnesses, seeking medical care, and filing a compensation claim can make the timeline fall short.
Time passes. Evidences fade. Witnesses tend to step aside. With time, injuries can heal, and a car accident attorney in Winter Haven may find it difficult to prove the connection between the accident and the injuries. The insurance company may find an opportunity to deny the link between the injury and the accident. Therefore, the victim must act soon once the crash occurs. Waiting for too long can affect the claim beyond expectations.
So, Is It Mandatory to Consult An Attorney After a Minor Accident?
Yes. Insurance adjusters are experts at negotiating their liability on claims. The insurer may hand the victims a paycheck even before they understand the full extent of their injuries. Once a car accident victim accepts the offer, the person cannot ask for additional monetary compensation later if their pain intensifies or other losses surface. A skilled car accident attorney evaluates the case and communicates with the insurance provider to ensure that the victim is not settling too soon for too little.
Legal representation is mandatory if:
- There are delays in physical symptoms appearing after the accident
- The insurance company wants to settle quickly
- There is a debate regarding liability for the accident
- The victim is unsure if the person qualifies for pain and suffering damages
- The victim missed, or is nearing the deadline to file a PIP claim
How A Personal Injury Attorney Assists
A minor accident may lead to complex legal proceedings, involving hard-to-find liability and complex physical injuries. Under Florida law, the victims must obey specific rules and strict deadlines to claim compensation. At Abercrombie, P.A., the car accident attorney Winter Haven guides the victims through the case and helps them understand their legal options after an accident. If one has been injured in a car accident in Winter Haven, it’s advised to contact a Winter Haven car accident lawyer for a free case evaluation.