Dale Appell, P.A.
When a Florida resident is involved in an auto accident, there are several state laws that affect the lawsuits and insurance claims. Some of these state laws center on insurance, statute of limitations and comparative fault rules and affect the case. Attorney Dale Appell has in-depth knowledge of the state’s laws and can advise you. If you’re unsure about how the law affects your case, you can call him for a free consultation. Expect him to answer the phone directly. If he’s not available, he’ll return your call within 24 hours.
No-Fault State: Florida
Florida is a no-fault car insurance state. That means you’ll need to turn to your own car insurance coverage first in order to get compensation for injuries and other losses, regardless of who was at fault for the collision. However, in certain cases, you can go outside the no-fault system to hold the other driver’s insurer liable. In the state of Florida, only vehicular accidents that result in permanent disfigurement or permanent injury can go outside of the state’s no-fault system.
Florida’s Comparative Rules
The state of Florida uses the pure comparative fault rule when it comes to vehicular cases. If your case goes to trial, the jury or judge may determine that both parties were at fault for the crash. Under the pure comparative fault rule, you receive damages minus the percentage of your fault. For example, if your damages are $100,000 and you’re found 20 percent at fault, you would receive $80,000.
The statute of limitation in Florida is four years. After four years, you’re barred from bring a lawsuit to court. If the car accident entails a government employee, there’s a different set of procedures, such as filing a notice of claim with the government agency.
Attorney Dale Appell has a track record of success in car accident cases, including multi-million dollar awards. He does a thorough investigation of the accident, such as reviewing crime scene reports, examining before and after photos of the car, reviewing traffic camera footage, reviewing medical records and investigating the history of the other driver. He proves that the other party was negligent through a breach of duty of care and that your injuries were a direct result of the other party’s breach.