West Palm Beach, FL – Florida is a no-fault state, which, theoretically, should make things easy when you are injured in a car accident and need to recover your financial losses. Under the no-fault rule, a driver must turn to their insurer for damages, no matter who was responsible for the crash. You may also use your Personal Injury Protection (PIP) policy to claim compensation even if you were not actually driving at the time of the accident. For instance, if you were crossing the road and were hit by a car, you can use your PIP to cover your medical expenses and lost wages. Or, at least, some of them. The damages you can recover depend on the type of coverage you have. If you have minimum coverage, $10,000, this will work only if you sustained minor injuries and had to take a few days off work.
For a severe injury requiring a lengthy hospital stay, surgery, and rehabilitation treatment, your PIP won’t be enough in most cases.
You must look up the best West Palm Beach car accident lawyers and file a claim against the other driver.
How can you sue someone for a car accident in Florida?
To sue another driver, you must step outside the no-fault rule and use the comparative negligence law. Your lawyers will have to prove that the other driver was guilty of negligence and are therefore liable for your damages.
However, keep in mind that in order to sue your injuries must meet the severe injury threshold. You must present medical records showing that you have suffered significant or permanent loss of a central body function, disfigurement or scarring, or experienced total or partial disability for 90 days or more.
They will be liable for the damages that exceed your PIP coverage. At the same time, if the other driver’s policy doesn’t cover your damages you may use your uninsured/underinsured coverage.
What to do if the accident was caused by a bus?
If the accident was caused by a bus, either private or public, you may be able to sue the company that owns the vehicle. If you were hit by a public transport vehicle, you must talk to skilled West Palm Beach bus accident lawyers right away. You can sue the local council, as they are responsible for public transport in West Palm Beach, but you have a limited period to do so as normal statutes of limitations do not apply in such claims.
You can sue the local authorities even if the bus driver was clearly solely responsible for what happened. For instance, if the bus driver was distracted or intoxicated, he will be obviously to blame. However, under the vicarious liability doctrine, the employer, in this case, the local council, can be held accountable for their employee’s actions.
No matter who your lawyers advise you to sue, you shouldn’t worry too much about a lengthy and expensive trial. Most personal injury claims are settled out of court.
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