Can highway accidents result in lawsuits in West Palm Beach?

West Palm Beach, FL – There were local news reports that an exit on Interstate 95 was closed following an incident where multiple vehicles collided. 

Multiple cars crashed on I-95 in West Palm Beach

On Wednesday morning, September 11, 2024, a major crash on I-95 in West Palm Beach caused significant disruptions [1]. According to Florida 511, the car accident occurred at 6:25 a.m. just before Exit 66, Forest Hill Boulevard, on the northbound lanes of the highway. By 8:15 a.m., officials confirmed that the collision involved multiple vehicles and resulted in the blockage of the off-ramp’s right lane. Fortunately, no injuries have been reported. Emergency services and traffic officials are working to clear the scene and restore normal traffic flow.

When can a driver file a lawsuit after being involved in an accident in Florida?

In Florida, a driver involved in an accident can file a lawsuit to seek compensation for damages and injuries, but there are specific conditions and time frames that must be considered. Here’s an overview of when and how a driver can pursue legal action:

1. Understanding Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system. This means that after an accident, drivers typically file claims with their own insurance companies, regardless of who was at fault. Each driver’s Personal Injury Protection (PIP) insurance covers their medical expenses and lost wages up to a certain limit. However, PIP coverage does not include compensation for pain and suffering, which is where lawsuits come into play.

2. Threshold for Filing a Lawsuit

Under Florida law, you can file a lawsuit for damages beyond what PIP covers if your injuries meet certain criteria. To pursue a lawsuit, your injuries must meet the “serious injury” threshold defined by Florida Statutes. This includes:

• Permanent Serious Injury: An injury that causes significant and lasting impairment or disfigurement.
• Significant and Permanent Loss of a Bodily Function: A loss of function that is both significant and permanent.
• Death: If the accident results in a fatality.

If your injuries do not meet these criteria, your ability to sue may be limited, and your primary recourse will be through PIP insurance.

3. Statute of Limitations

In Florida, the statute of limitations for filing a personal injury lawsuit is four years from the date of the accident. This means you have up to four years to file a lawsuit seeking compensation for injuries or damages. However, if you are filing a lawsuit for property damage only, the statute of limitations is five years.

4. Filing a Claim Against a Third Party

If another party is found to be at fault, you can file a claim against their insurance company or pursue a lawsuit directly against them. This is usually done when the damages exceed the limits of PIP coverage or if you have sustained serious injuries.

5. Seeking Legal Advice

Given the complexities of Florida’s no-fault system and the specific requirements for filing a lawsuit, it is advisable to seek legal counsel. An auto accident attorney can help you navigate the legal process, assess the strength of your case, and ensure that you meet all necessary deadlines.

In summary, while Florida’s no-fault insurance system limits initial recovery to PIP benefits, drivers can file a lawsuit if their injuries meet the serious injury threshold. The statute of limitations for personal injury claims is four years, but seeking prompt legal advice is crucial to effectively pursue compensation and navigate the complexities of the legal system.

Accident attorneys in West Palm Beach

Smith and Vanture is an auto accident and personal injury firm in Florida that has experience with personal injury cases. Their attorneys can provide more advice following any motor vehicle 

collision or other accidents.

USAttorneys.com is a service that works with people who are trying to find attorneys in their city or state. Anyone who needs assistance with their search can call 800-672-3103 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

Smithvanture.com

Sources:

1. https://cbs12.com/news/local/major-crash-on-i-95-in-west-palm-beach-blocks-four-lanes-morning-traffic-highway-commute-west-palm-beach-september-11-2024