Ocala Car Accident Lawyers

Injured in a Car Accident in Ocala, FL?

When you are involved in a car accident, the last thing you should have to worry about is how you will pay for your medical bills, lost wages, and other expenses. At Schackow & Mercadante, our Ocala car accident attorneys are here to help you obtain the compensation you deserve. We can help you fight for your rights and ensure you are treated fairly by the insurance company.

To schedule a free consultation with our team, call (352) 261-6767 or contact us online today.

Florida Car Accident Laws

Reporting a Crash

In Florida, you are generally required to report a car accident to law enforcement if it involves injuries, fatalities, or property damage exceeding $500. You must report the accident within 10 days if no law enforcement officer investigates the scene.

No-Fault System

Unlike most states, Florida follows a no-fault insurance system. This means that after a collision, each driver's own insurance typically covers their medical expenses and other related damages, regardless of who was at fault. Florida requires drivers to carry a minimum of Personal Injury Protection (PIP) insurance, which covers medical expenses and certain other costs regardless of fault.

However, if you meet the criteria for the "serious injury threshold," you can pursue a personal injury lawsuit against the responsible party. This threshold is important because–in a no-fault system–your ability to sue for damages beyond what your own insurance covers is limited.

To qualify for filing a personal injury lawsuit outside the no-fault system in Florida, your injuries must meet one of the following conditions:

• Significant and Permanent Loss of a Bodily Function: Your injuries must involve a significant and permanent loss of an important bodily function. This could include the loss of a limb, the use of a body part, or a substantial impairment that affects your daily life.
• Permanent Injury: Your injuries must result in a permanent injury within a reasonable degree of medical probability. This means that the injury must be expected to last for the rest of your life.
• Significant and Permanent Scarring or Disfigurement: If you sustained deep lacerations to your face, severe burn injuries, blindness, hearing loss, or extensive cuts and scars, you may qualify to file a lawsuit outside the no-fault system.
• Death: If a person dies as a result of the accident, their family may be able to file a wrongful death lawsuit against the responsible party.

Meeting any of these criteria allows you to pursue a personal injury lawsuit against the at-fault driver for damages such as pain and suffering, emotional distress, and other non-economic losses that go beyond what your no-fault insurance covers.

What If You Share Liability?

Florida uses a pure comparative negligence rule in determining compensation in cases where multiple parties share fault. This means that even if you are partially at fault for an accident, you can still recover damages.

However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your total damages are $10,000, you would receive $8,000 (80% of the damages).

Deadline to File a Claim

The statute of limitations for personal injury claims arising from a car accident is generally four years from the date of the accident. If you don't file a lawsuit within this timeframe, you may lose the right to seek compensation.

To support your claim, it's important to gather evidence after an accident. This may include taking photos of the scene, obtaining witness information, exchanging contact and insurance details with the other parties involved, and seeking medical treatment promptly.

How We Can Help

When you come to our firm for help, we will first assess the details of your case. Our team will then be able to determine if you can file a personal injury claim for car accident damages. Allow us to help you gather all the necessary evidence, including police reports, medical records, and any other relevant information.

We will work to negotiate with the insurance company on your behalf and ensure you receive fair compensation for:

• Medical expenses
• Lost wages
• Future lost wages
• Pain and suffering
• Property damage
• Vehicle damage

Our firm is not afraid to go up against any insurance company that may attempt to minimize your injuries or the extent of your damages. Our Ocala car accident lawyers will work to prove the full extent of your injuries and the true extent of your damages to ensure you are fairly compensated.

If you or a loved one is involved in a car accident in Ocala, FL, we can help. Call (352) 261-6767 or contact us online today.