As a car accident attorney in New Port Richey, FL, our attorney has seen the devastating impact that being in a car accident can have on your home, work, and social life. The fact is, car accidents affect thousands of New Port Richey residents every year. For example, according to the Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) there were 403,626 car crashes in Florida in 2018. Of the accidents that occurred, 7,516 of them occurred in Pasco county and resulted in 6,402 injuries.
Moreover, the type of car accidents that occurred in Pasco county varied widely. This is evidenced by the fact that the FLHSMV reported that during the year of 2018 there were a total of 99 fatalities from car accidents in Pasco County, 148 bicycle accidents, 242 motorcycle crashes, and 1,683 hit and run accidents. As these statistics make clear, even the most cautious driver will more than likely be involved in a car accident at some point in their lifetime, and this is evidenced by the fact that, on average, 1,106 car accidents occurred each day in Florida in 2018. As such, choosing a car accident attorney that serves the New Port Richey area and that will aggressively pursue your claim is probably one of the most important decisions you will make during the claims process, and this choice will usually have an impact on the degree of success you have in being able to recover compensation for your injuries.
It’s important for you to understand that very few things in the area of personal injury law are 100% certain. Often, the result of a claim is dependent on a number of different factors, but there are a few basic things that you should know if you have been in a car accident.
Following a car accident, you have 14 days to file a claim through your PIP insurance carrier pursuant to Fla. Stat. § 627.736(a) or you run the risk of your claim being denied. Florida is considered a “no fault” state, and this means that regardless of who was at fault in causing your accident, you will use your PIP coverage to pay for your medical bills in most cases, including if you were a passenger in a vehicle. There are some exceptions to this rule. However, in most instances, you will pay for your medical care through your own PIP coverage first, and both you and your insurance carrier can recover funds paid in connection with your medical care from the at-fault driver’s insurance carrier at a later point in the litigation.
Even if you miss the 14 day deadline for filing a claim through your PIP insurance carrier, you can still pursue a claim against the at-fault driver, and you can still receive medical care with the help of a personal injury attorney.
The statute of limitation for a personal injury claim based on a theory of negligence, which encompases most car accident claims, in the state of Florida is 4 years pursuant to Fla. Stat. § 95.11(3). A statute of limitations is a time limit placed on certain types of legal claims. When the time limit lapses, most plaintiffs will be barred from filing a lawsuit in connection with their claim with only a few exceptions. So, you will have 4 years from the date of your accident to file a claim, but it is important to understand that the longer you wait to file a claim, the more difficult it will be to prove your claim.
This is a concept that is often lost to the general public when they are interacting with the judicial system. The success of most lawsuits and legal claims often hinges on the amount of evidence that can be gathered to prove the claim. Common types of evidence include witness statements and testimony, pictures of the accident scene, police reports, video of the accident, etc., but evidence tends to deteriorate in quantity or quality over time. Witnesses will forget exactly what they saw or what happened on the day of the accident. Videos or pictures can be lost or deleted. All of these events and others can weaken the strength of a claim, not because the accident did not occur or was not severe, but rather, because your ability to prove exactly how the accident occurred through the introduction of evidence is inhibited due to the passage of time. Consequently, you should always seek legal counsel and initiate your claim as soon as possible.
When choosing an attorney, it’s important to understand that not all lawyers are equal. True, all lawyers that have a bar license have gone to law school and obtained the requisite amount of education required to practice law, but experience in the practice of law is an important asset for a legal practitioner to have. The car accident attorney at the Peck Law Firm, P.A. has been practicing law for over a decade and handles a wide range of car accident cases including:
As a general rule, there are certain things that you should always try to do immediately after being in a car accident if you are physically able to. These are simply best practices that will allow you to obtain evidence your car accident attorney can use during the litigation process.
You should, regardless of whether the accident is minor or major, call the police and ask them to come to the scene of the crash. In certain cases, the police might not come to the scene of the accident, because the damage to each vehicle is minor, but the point is to make a record of the accident. Phone calls to the police on their emergency line, 911, are recorded, so even if the police will not come to the accident scene, there is still a record of the accident itself. If they do come to the scene of the crash, request either a crash report or a driver’s information report from the officer, and you should try to find out if a citation was issued to the other driver.
While it may seem like an elementary or implied step, many people forget or fail to obtain the other driver’s insurance information at the accident scene because of the shock of being involved in an accident. When this occurs, determining who the other driver’s insurance carrier is or was at the time of the accident can be difficult, so always make sure that you obtain the other driver’s insurance information regardless of the severity of the accident.
You should always take pictures of not just your car at the accident scene, but also, the accident scene itself such as skid marks, traffic signals, the immediate surrounding area, and any debris that may have been in the road at the time of the accident. Take note of what the weather conditions were like at the time of the accident and preserve this information for your car accident attorney.
The testimony or statements of third-party witnesses can be an invaluable piece of information during the litigation process. These witnesses have no vested interest in the outcome of the litigation, so their testimony is generally considered to be credible. Moreover, most witnesses that saw the accident occur did so from an outside vantage point, so they can describe exactly what each driver did. Accordingly, statements from witnesses can be used by your attorney to add strength and credibility to your case as well as to clearly establish liability on the part of the other driver.
Whether you elect to go to the hospital following the accident or to a walk-in clinic, you should always get evaluated by a physician after an accident has occurred. Car accident victims often suffer from delayed symptomatology, which means that you don’t immediately feel pain or any symptoms right after the accident has occurred but rather, a few days later. The best course of action to ensure: 1) that you haven’t sustained a serious injury that you simply can’t feel yet and 2) to ensure that you seek medical care within the 14 day PIP deadline, is to simply go and get evaluated by a physician. This practice also allows you to keep an ongoing record of your injuries with your physician, which will, in turn, be used as evidence by your car accident attorney in the future.
Being involved in a car accident can be a stressful experience that leaves you feeling overwhelmed, but the good news is that the car accident attorney at the Peck Law Firm, P.A. is ready to begin working on your case immediately. Our car accident attorney has been practicing law and serving the people of the Tampa Bay and Pasco County area for over a decade and has acquired the skills needed to help you obtain the compensation you deserve for your injuries, so if you or a loved one has been involved in a car accident in New Port Richey, FL, contact the car accident attorney at the Peck Law Firm, P.A. today for a free, confidential consultation!
Been in a car accident? Our car accident attorney in New Port Richey, FL is ready to start working on your claim today, so call now for a free consultation