Riverview Car Accident Lawyer

Riverview Car Accident Attorney

Car accidents can happen unexpectedly, sometimes with devastating results. If you or a family member recently experienced a car accident in the Riverview area, you are likely to have many important legal questions regarding who is at fault, what type of damages you have suffered, and how you can recover these losses. A Riverview car accident lawyer can help you with those and other important legal matters.

Recovery from a car accident in Florida can sometimes be a straightforward process due to the state’s no-fault rule, which requires drivers to use their own auto insurance to pay for damages in an accident regardless of fault. However, the no-fault rule does not entirely prevent you from seeking legal recourse if another driver is clearly to blame for causing your recent accident.

The team at the Santini Law Firm is ready to provide the professional legal representation you need to navigate your recovery from an auto accident in Riverview with confidence and peace of mind. Depending on how your accident happened and the scope of the damages you suffered, your recovery process may entail an auto insurance claim, a personal injury suit, or both.

Common Causes of Car Accidents in Riverview

Proving fault is not always necessary for every car accident case in the Riverview area. If you only sustained minor damages, it is possible that your auto insurance policy will cover the full extent of your losses, and there will be no need to pursue further legal action. However, if your damages exceed the scope of your insurance coverage or you suffered any type of serious injury that causes long-term or permanent harm, these factors can form grounds for a civil suit against the driver who caused your accident.

The process of proving fault changes based on the specific details of an accident. A few of the most commonly reported causes of car accidents in the state that lead to civil claims for damages include:

• Distracted driving. If another driver was not paying attention to the road when they caused your accident, your auto accident attorney could help obtain their cell phone records, traffic camera recordings, and testimony from witnesses who saw the accident happen in real-time to prove their liability. Many Riverview residents are likely all too aware of the stop-and-start, hustle and bustle of US-301. Unfortunately, many of the phone calls to our Riverview lawyer’s office are about rear-end car accidents on US-301 from distracted driving.
• Speeding. Whenever drivers speed past posted speed limits, they inherently increase their risk of causing an accident. Crashes are not only more likely when drivers speed, but these crashes are also likely to inflict severe or even fatal injuries on those involved. Excessive speeding might lead to reckless driving charges against a driver, especially if they cause an accident. With I-75 running right through Riverview and commuters from Tampa, Sarasota, and Bradenton trying to get home or to their jobs, we often see truck accidents on I-75 tied to speeding and distracted driving.
• Driving under the influence (DUI) of alcohol or drugs. This is a criminal offense punishable by jail time, fines, and loss of driving privileges. Penalties for DUI can increase significantly when an at-fault driver has injured or killed someone in an accident. Tragically, a few years ago, a Gibsonton man was killed in a Riverview DUI accident on US-41. In that case, like so many other tragic drunk driving accidents, the drunk driver simply rear-ended the victim’s car because they were too intoxicated to pay attention to the road. A similarly heartbreaking car accident played out in Las Vegas in 2021 in which star NFL receiver Henry Ruggs caused a fatal drunk driving accident that resulted in the death of a young woman. Ruggs has since been sentenced to prison and, separately, the woman’s family has brought a civil lawsuit against him to recover compensation.
• Traffic violations. Anything that disrupts the flow of traffic can result in an accident. Illegal turns, running red lights or stop signs, and failure to yield the right-of-way are just a few examples of moving violations that can lead to serious accidents. Failing to follow traffic lights, stop signs, yield signs, and other instances of bad driving are problems that become even more pronounced in our Riverview school zones. From Riverview High School to Riverview Elementary to Symmes Elementary, the risk of injury because of a driver making illegal turns is increased. By the time the case has reached a car accident lawyer in Riverview, something bad has already happened. It’s important to remain vigilant in these school zones to protect the children, parents, and school staff from personal injury.

These are only a few possible examples; accidents are unpredictable and may result from various causes. In the immediate aftermath of an accident, an injured driver should seek medical attention for their injuries and try to record as much as they can from the accident scene if they can do so safely. Recovery from an accident begins with an insurance claim. An experienced Riverview, FL car accident attorney can not only make this easier to manage, but they can also help their client build a personal injury case under certain circumstances.

What to Do After a Car Accident

After a car accident, it is easy to feel overwhelmed, but staying calm is key. First, check yourself and any passengers for injuries. If anyone is hurt, call 911 immediately for medical assistance. Next, if the vehicles are drivable, move them to a safe spot out of traffic. Turn on your hazard lights to alert other drivers.

Once you are safe, exchange information with the other driver. Get their names, phone numbers, insurance details, and license plate numbers. If there are witnesses, ask for their contact info as well. It’s a good idea to take pictures of the accident scene, the vehicles, and any visible damage or injuries.

Even if an accident is minor, consider filing a police report. It provides an official record that can be helpful when filing insurance claims. Afterward, notify your insurance company and provide them with all the relevant details.

If you are unsure of what to do or how to navigate the claim process, it may be time to hire a personal injury lawyer. Above all, taking care of yourself after an accident is the most important step in getting back on track.

Dealing With an Insurance Company After a Car Accident

Every driver in the state is required to have at least $10,000 worth of personal injury protection (PIP) coverage and at least $10,000 in property damage liability (PDL) coverage with their car insurance. PIP will pay for all medical expenses the insured driver incurs from an accident, regardless of who caused the accident.

PIP typically covers 80% of all medical expenses up to the limit of the policy. PDL pays for property damage inflicted on another driver. If you cause an accident, your PIP will cover your medical expenses, while your PDL will cover the cost of repairing the other driver’s vehicle.

Filing an auto insurance claim can be a stressful and frustrating experience for some injured drivers. While most auto insurance carriers process claims for coverage in good faith, some unfortunately do not. Some insurance claim adjusters will look for any reasons to justify lowball settlement offers or even claim denials.

Having an experienced car accident attorney in Riverview, FL help you with your claim can prevent these issues from arising and streamline your recovery process. An insurance carrier is less likely to attempt any unethical handling of a claim when they notice the claimant has competent and respected legal counsel representing them.

When to File a Personal Injury Suit for a Car Accident in Riverview

Auto insurance may not fully cover your damages from an accident in Riverview, especially if you suffered serious injuries that will require ongoing rehabilitative care. In the event that another driver is clearly to blame for causing your recent accident, but your insurance will not fully compensate you for your damages, you have the right to file a personal injury claim to seek recompense for the remainder of your damages.

Let’s pause for a moment and apologize for some of the fancy legal words we use in this article. One thing we take a lot of pride in at Santini Law Firm is making sure we take as much time as the client needs to understand the legal process. Part of this communication with our clients is being conscious of the words we are using to describe things about personal injury law in Riverview.

If we are talking to a mechanic, we may not understand all the words to describe what goes into brake pads or steering columns. It is up to the mechanic to step outside the typical way they speak to their employees with certain acronyms or words used to describe things that one would understand if they worked in the mechanic’s shop. One who does not work in the mechanic’s shop may not fully understand what is trying to be communicated.

In any event, when we use the word “damages,” this doesn’t just refer to the “damage” to your car or truck. In the law, “damages” is a catch-all word used to mean all the things that happened to you from the accident for which you can potentially recover money.

So, for example, if you hurt your neck in an accident, you can recover damage for all the treatment you need on your neck. Chiropractic care on your neck from a car accident in Riverview and surgery on your neck from a Riverview truck accident are examples of damages – both for the medical bills themselves and also for the pain and suffering.

You may be thinking to yourself, how do you calculate pain and suffering? How do you put a number on pain and suffering? Doing the best job possible in demonstrating to the insurance company the pain and suffering a client has and is continuing to experience is a big part of a Riverview auto accident attorney’s job as an advocate. Think of damages as all of the bad things that happened to you for which you may be able to be compensated with a successful civil suit.

Success with any personal injury claim requires evidence that the defendant’s negligence or intentional and illegal misconduct directly caused the damages. “Negligence” is a legal term to refer to any failure to exercise reasonable care in a given situation.

To put it even more simply, negligence or misconduct refers to doing something “bad” that the other driver wasn’t supposed to do, either on purpose or because the other driver simply wasn’t paying enough attention. Your Riverview car accident lawyer can help gather the evidence needed to firmly establish the other driver’s negligence and, ultimately, liability for your damages.

If the other driver caused the accident through some illegal misconduct – in other words, they did something dangerous on purpose – they face prosecution from the state alongside your civil action; your car accident attorney in Riverview can advise you as to how this could influence your recovery.

You may require a combination of different types of evidence to establish that the other driver was at fault for your accident. Vehicles have internal computers that log driving speed, brake application, and other vehicle functions. These car computers can also record the moment of impact in an accident, helping investigators establish a timeline of events.

Traffic cameras can be invaluable for some vehicle accident claims, showing exactly how an accident happened. Witness testimony is also likely to come into play in your case if anyone saw the accident occur firsthand, and your attorney may coordinate expert witness testimony if liability for your crash is contested or if the case involves any complex technical issues.

What Types of Damages Can I Collect in a Riverview Personal Injury Case?

The aim of a personal injury case is for the victim of another party’s actions to secure the compensation they need to recover as fully as possible. Put another way, your Riverview personal injury attorney’s number one job is to help you recover as much money as possible from the driver who caused personal injury to you or your loved ones. After claiming as much compensation as you can through auto insurance, your remaining losses caused by the defendant can be included in your personal injury case.

Under Florida’s personal injury laws, the plaintiff in this type of civil personal injury case has the right to claim:

• Compensation for any medical expenses their insurance won’t cover. There are limits to how your car insurance’s PIP coverage works to compensate a policyholder’s medical expenses following an accident, and if you suffered severe injuries, you may face a wide range of ongoing medical treatment costs necessary for your recovery. In these more serious cases, your auto insurance’s PIP coverage will probably not be enough to cover your medical bills. Therefore, you have the right to seek full repayment of all medical expenses you incur because of your accident.
• Repayment of lost wages. Many car accident victims are left unable to work and earn income due to their injuries. If this applies to your case, your insurance may do little to compensate you for this missing income. Florida’s personal injury laws enable you to seek compensation for any wages you are unable to earn because of the other driver’s actions. This includes lost future earning capacity if the accident resulted in any severe injuries that diminish your future earning power. In other words, if you cannot work or cannot work at the job you previously did because of the injuries from the car accident, you may be able to calculate how much future income you lost and seek to recover that amount in a Riverview personal injury lawsuit.
• Property damage. Auto insurance may cover some of your repair costs, but any remainder can be included as economic damages in your personal injury suit. The next paragraph explains the meaning behind using the word “economic” to describe some damages while other damages may be “non-economic.”
• Pain and suffering. Aside from your claimable economic damages for things that you can put a number to, e.g., you know how much it costs to fix your car, you also have the right to seek compensation for physical pain and emotional suffering caused by the incident. This may sound difficult to put into monetary terms, but your attorney can help determine a reasonable amount. There is no cap or limit on pain and suffering compensation in Florida for most personal injury cases, so this could form a large portion of your total case award if you suffered any kind of permanent injury from your accident. Keep in mind, a “permanent” injury does not have to be an injury that is physically visible. Brain and spine injuries from truck and car accidents often are hidden but very serious and permanent.

Your car accident attorney is the ideal asset to have on your side if you want to maximize your total case award as much as state law allows. In the event the defendant (the “defendant” is the at-fault driver) has caused your accident through some reckless or even purposeful action, you could receive punitive damages.

If the other driver was breaking the law and is being prosecuted by the Hillsborough County State’s Attorney’s office, then you also may be eligible to receive restitution as a result of the state’s criminal case against them. Ultimately, your car accident attorney can help determine the total potential value of your case and guide you through the personal injury proceedings necessary to hold the defendant fully accountable for your personal injury damages.

Resolving a Personal Injury Case for a Car Accident in Riverview

After you have exhausted your recovery options through insurance and constructed a personal injury claim with the help of your Riverview car accident attorney, your case could proceed in two possible directions. If the defendant accepts responsibility for their actions, seeking a swift settlement benefits them as much as you. Both parties can reach a faster conclusion to a personal injury case and have more influence over the final outcome if they are willing to compromise in settlement negotiations.

Alternatively, if the defendant denies liability or refuses to settle the case, the case will need to be resolved in court. Unfortunately, in most cases, it’s not the actual driver that’s refusing to settle the case; it’s his or her car insurance company.

With recent changes to Florida car accident law, car insurance companies are less likely to settle cases quickly. Examples of car insurance companies with policies on Riverview residents are Progressive, State Farm, Allstate, and Geico, but there are many others. Emboldened by recent Florida law changes that favor the insurance company, many insurance adjustors feel empowered to push things to the limit and force innocent injury victims to go to court.

One thing you can do to give yourself an advantage is to hire a Riverview car accident lawyer that the insurance companies respect and know is not afraid to litigate a Riverview personal injury case in court.

Litigation for any civil case can be time-consuming, stressful, and expensive for all parties involved. The judge overseeing the case will listen to each side’s evidence and testimony before delivering a ruling.

The judge, and, if it comes to it, a jury, has the final say regarding liability and the scope of compensation due to the plaintiffs. It is possible for neither party to feel satisfied with the judge’s decision. Because Riverview sits in Hillsborough County, car accident cases are heard in the downtown Tampa courthouse or the courthouse in Plant City.

Don’t be discouraged by the prospect of going to court. Despite the 2023 changes to Florida law on personal injury cases, most personal injury claims filed each year are still resolved through private settlement negotiations.

This process allows both parties to save money on legal fees and have more control over the outcome of the case. Your Riverview car accident attorney can help resolve your case quickly through settlement, and if litigation is necessary, you will be able to rely on them for guidance and support through these proceedings.

FAQs

Q: How Much Does an Attorney Charge for a Car Accident in Florida?

A: In Florida, car accident attorneys often work on a contingency fee basis, meaning they only get paid if you receive compensation. The fee is generally based on the outcome of your case and the amount recovered. This arrangement allows you to pursue a claim without upfront costs, but fees will apply once a settlement is reached.

Q: What Is the Average Settlement for a Car Accident in Florida?

A: The average settlement for a car accident in Florida varies widely. The settlement can vary depending on factors like the severity of injuries, property damage, and insurance coverage. Cases involving serious injuries or long-term recovery can lead to higher settlements. Consulting a lawyer can help determine a more accurate estimate based on specific circumstances.

Q: What Should a Fair Settlement Cover?

A: Following a car accident, you may be facing significant financial losses. A settlement should compensate you for your financial losses. Compensation factors could include payments for lost wages, medical bills, upcoming medical procedures, and even potential pain and suffering. Your attorney can be a reliable and trusted source when it comes to calculating the full value of your claim.

Q: Do I Need a Lawyer After a Car Accident in Florida?

A: You are not required to have an attorney when seeking compensation in Florida. Having legal representation is often a smart choice, though. A lawyer can help you navigate insurance claims, negotiate settlements, and ensure you get the compensation you deserve, especially if there are serious injuries or disputes about fault. They can also handle legal complexities so you can focus on recovery. Lawyers have your back, so to speak, throughout the claims process.

Q: How Much Can Someone Sue for a Car Accident in Florida?

A: In Florida, the amount someone can sue for after a car accident depends on factors like the extent of injuries, medical expenses, lost wages, and property damage. While there’s no specific cap for most damages, Florida’s personal injury protection (PIP) law requires the first $10,000 of medical expenses to be covered by insurance. For serious injuries, lawsuits can result in settlements or awards ranging from thousands to millions of dollars, depending on the case.

Riverview Car Accident Lawyer

When you choose The Frank Santini Law Firm to represent you, you are investing in extensive professional experience, skillful legal representation, and a compassionate source of guidance and support as you navigate the difficult proceedings ahead of you. Our team takes a client-focused approach to car accident cases, learning as much as possible about every client we represent to address their unique challenges.

Our goal is to help you recover from your recent accident as fully as possible, whether that requires an auto insurance claim, a personal injury suit, or both. You are not just a number for our Riverview car accident lawyer and all our clients get Mr. Santini’s cell phone number to be able to text or call him anytime. Contact us today and schedule your free consultation with a Riverview car accident attorney to start working toward your recovery with confidence.