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Injured as a Passenger in a Florida Car Crash? Here’s What You Need to Know

July 09, 2024

Injured as a Passenger in a Florida Car Crash? Here's What You Need to Know

Car accidents are traumatic experiences, especially when you are a passenger. The sudden impact, confusion, and ensuing chaos can leave you feeling vulnerable and unsure of the next steps. If you have been injured as a passenger in a car crash in Florida, understanding your rights and the legal avenues available to you is crucial. At Feingold & Posner, P.A., our Florida auto accident lawyers are dedicated to guiding you through this challenging time and ensuring you receive the compensation you deserve.

Understanding Passenger Rights in a Car Accident

As a passenger, you have rights similar to those of the driver. You are entitled to seek compensation for injuries, medical expenses, lost wages, and pain and suffering. The legal process for passengers can be complex, involving multiple parties and insurance companies. Here’s what you need to know:

Identify All Potentially Liable Parties

In a car accident, liability can rest with one or more parties, including:

  • The driver of the vehicle you were in
  • The driver of the other vehicle(s) involved
  • Any third parties, such as manufacturers (in case of vehicle defects) or government entities (for poorly maintained roads)

Determining liability is a critical step in your claim. An experienced attorney can help investigate the accident, gather evidence, and identify all responsible parties.

Filing a Claim

As a passenger, you can file a claim against the insurance policies of the driver of the car you were in and any other drivers involved in the accident. Florida follows a no-fault insurance system, meaning each driver’s insurance covers their own medical expenses and lost wages up to a certain limit. However, for severe injuries, you can step outside the no-fault system and file a claim against the at-fault driver(s).

Personal Injury Protection (PIP) Coverage

Under Florida law, all drivers are required to carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 for medical expenses and lost wages, regardless of who was at fault. As a passenger, you can access PIP benefits from the insurance policy of the car you were in or your own auto insurance if you have one. PIP can cover:

  • 80% of medical expenses
  • 60% of lost wages

Serious Injury Threshold

To file a lawsuit outside the no-fault system, your injuries must meet Florida’s “serious injury” threshold. This includes:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

If your injuries meet these criteria, you can pursue a claim for additional damages against the at-fault driver(s).

Steps to Take After a Car Accident

The moments following a car accident are critical for your health and legal claim. Here’s what you should do:

Seek Medical Attention

Your health and safety are the top priority. Even if you feel fine, some injuries may not be immediately apparent. Seeking medical attention ensures your injuries are documented and treated promptly.

Document the Accident

Gather as much information as possible at the scene, including:

  • Contact information of all drivers and witnesses
  • Photos of the accident scene, vehicles, and any visible injuries
  • Police report number and responding officer’s information

Notify Insurance Companies

Inform your insurance company and the insurance company of the driver of the vehicle you were in about the accident. Be truthful and concise in your statements, but avoid admitting fault or speculating about the cause of the accident.

Consult an Experienced Auto Accident Lawyer

Navigating the legal complexities of a car accident claim can be overwhelming. An experienced auto accident lawyer can guide you through the process, protect your rights, and advocate for your best interests. At Feingold & Posner, P.A., we offer compassionate and knowledgeable legal support to help you secure the compensation you deserve.

Types of Compensation Available

As an injured passenger, you may be entitled to various types of compensation, including:

  • Medical Expenses: Coverage for all medical costs related to the accident, including hospital bills, surgery, medication, rehabilitation, and future medical care.
  • Lost Wages: Compensation for income lost due to your inability to work while recovering from your injuries.
  • Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the accident and your injuries.
  • Property Damage: Reimbursement for any personal property damaged in the accident, such as electronic devices or other belongings.
  • Loss of Enjoyment of Life: Compensation for the impact your injuries have on your ability to enjoy daily activities and hobbies.

Why Choose Feingold & Posner, P.A.?

At Feingold & Posner, P.A., we understand the emotional and physical toll a car accident can take on passengers. Our dedicated team of Florida auto accident lawyers is committed to providing personalized, empathetic, and aggressive representation. We handle all aspects of your case, from investigating the accident and negotiating with insurance companies to representing you in court if necessary.

Our Approach

  • Compassionate Support: We listen to your concerns, answer your questions, and provide regular updates on your case.
  • Thorough Investigation: We leave no stone unturned in gathering evidence to build a strong case on your behalf.
  • Aggressive Advocacy: We fight tirelessly to secure the maximum compensation you deserve.
  • No Upfront Fees: We work on a contingency fee basis, meaning you pay nothing unless we win your case.

Get the Compensation You Deserve as an Injured Passenger – Contact Feingold & Posner, P.A. Today

If you or a loved one has been injured as a passenger in a car crash, you need experienced legal support to navigate the complexities of your claim. At Feingold & Posner, P.A., we are committed to fighting for your rights and ensuring you receive the compensation you deserve. Our compassionate and knowledgeable team will guide you through every step, from understanding your legal options to aggressively advocating on your behalf.

Don’t face this challenging time alone. Contact us today for a free consultation. Let us help you secure the financial support you need to recover and move forward with peace of mind.

Your recovery and peace of mind are our top priorities. Trust Feingold & Posner, P.A. to be your steadfast advocates in the aftermath of a car accident.

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