Florida Car Accident Attorneys

Experienced Law Firm Fighting for Auto Accident Victims in Trinity

A car crash can destroy your life if you don’t seek the support and resources you need to fully recover. Any car accident can cause pain and suffering and a cascade of serious effects: job loss, mounting medical bills, physical scars, disruptions to relationships, and more. During the aftermath, you’ll have to communicate with the police, seek medical assistance, deal with insurance companies, keep track of paperwork, and sort through what can quickly become a financial mess.

At Kemp Law, we understand the deep and wide-ranging impacts of car accidents. That’s why we are prepared to fight for the resources you need to recover so that you can put your life back together and move forward. We have fought and beaten nearly every insurance company in the business, and we’ve earned our clients millions of dollars along the way. Our personal injury attorneys are members of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, a national group that provides a network for information exchange, local assistance, and case referrals to top trial lawyers in America who have won large, complex cases. Fewer than one percent of attorneys nationwide earns this high distinction.

What truly separates us from other attorneys, however, is how we treat our clients. We are dedicated to helping auto accident victims navigate the legal process with confidence. We maintain transparent communication every step of the way and fight for the full and fair compensation our clients deserve. Put simply, we’re here for our clients from start to finish.

Call (727) 788-6792 or contact us online to schedule a free consultation with our Florida car accident lawyers. You owe our firm no legal fees unless we win, and we can take your call 24/7!

What to Do After a Car Accident in Florida: A Step-by-Step Guide

Being involved in an auto accident can be overwhelming and stressful. Knowing what to do immediately after an accident can help protect your health, rights, and ability to seek compensation.

In the aftermath of a car accident, you should:

• Prioritize safety. If possible, move your vehicle to the side of the road to avoid further collisions. Turn on your hazard lights, which alert other drivers to slow down and proceed with caution. Confirm that everyone involved is safe. Call 9-1-1 if there are any injuries, no matter how minor.
• Call the police. In Florida, you must report collisions that cause injuries, fatalities, or significant property damage. If you don’t need to immediately go to a hospital for medical treatment, do not leave the scene until law enforcement arrives. Request the official police report, which can serve as a key piece of evidence for insurance claims and legal proceedings.
• Gather important information. You need the other driver’s name, address, phone number, license information, insurance details, and vehicle information (make, model, and plate number). You should also make a note of where the accident occurred and at what time. If there were any witnesses, try to get their contact information, too.
• Document the scene. Use your smartphone to take photos or videos of damage to all vehicles, road conditions, weather conditions, relevant traffic signs or signals, and any visible injuries. This documentation can serve as valuable evidence for your insurance claim or legal case.
• Avoid admitting fault. When speaking with other parties or the police, describe what happened without assigning blame. Be careful with what you say, as anything you say can and probably will be used against you. Even phrases like “I’m sorry” can be misinterpreted as an admission of fault.
• Seek medical attention. You should always get checked out by a medical professional after a collision, even if you feel fine. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately. Documentation that links your injuries and resulting treatments to the accident is essential for insurance purposes and personal injury claims. Additionally, you must seek medical attention within 14 days of an auto accident to qualify for Personal Injury Protection (PIP) benefits under your insurance policy. Missing this window could jeopardize your ability to receive compensation for medical expenses.
• Notify your insurance company. Report the accident promptly and provide accurate details, but avoid speculating about fault. Florida operates under a no-fault insurance system, meaning your insurance may cover your initial medical expenses regardless of who caused the accident.
• Consult a legal professional. If you’ve been seriously injured, you may be entitled to compensation beyond what your insurance covers. Our Florida car accident attorneys can help you navigate complex claims, deal with insurance companies, and pursue compensation if another party is at fault. Acting quickly after an accident helps preserve evidence and strengthens your case. Keep all documents related to the accident, including police reports, medical bills, and insurance correspondence.

How Long Do I Have to File a Car Accident Lawsuit in Florida?

The statute of limitations for lawsuits involving car accidents is typically two years from the date of the collision. This means you have only two years from the date of the crash to take legal action. If a loved one passed away due to car accident injuries, the personal representative of their estate has two years from their date of death to file a wrongful death claim. If you wait too long, you will likely be unable to seek compensation for your damages. 

In other words, if you are thinking about suing, don’t drag your feet. Reach out to our team at Kemp Law as soon as you can after an accident to start exploring your legal options.

What Compensation Can I Recover in a Florida Car Accident Lawsuit?

If you were injured in an accident that wasn’t your fault, you can potentially recover both economic and non-economic damages. Economic damages refer to tangible and measurable losses, while non-economic damages are more subjective and compensate for intangible losses. While non-economic damages are not quantifiable in the same way as economic losses, they are equally important in recognizing the full impact the accident has had on your life. We can help assess your case and make sure all aspects of your losses are considered and pursued to maximize your compensation.

Our Florida car accident lawyers can fight to get you compensation for all economic and non-economic losses, including:

• Medical bills
• Lost income
• Reduced earning potential
• Property damage
• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

Punitive damages in a Florida car accident case are sometimes awarded under very specific circumstances. These damages are not meant to compensate the victim but rather to punish the at-fault party for egregious misconduct and deter similar behavior in the future. A court may choose to award punitive damages if the defendant’s actions displayed intentional misconduct or gross negligence. Examples may include incidents involving drunk driving, reckless street racing, or deliberate disregard for the safety of others.

Frequently Asked Questions About Car Accidents in Florida

Will I Have to Go to Court for My Florida Car Accident Case?

Many car accident cases never actually go to court, as a significant percentage of them are settled before a lawsuit is even filed. We work with the insurance companies before filing lawsuits to try to find a fair resolution for our clients, which saves money on expenses, court costs, and attorney’s fees. We will keep you updated if we cannot negotiate an acceptable settlement and need to go to trial to pursue the best possible outcome in your case. 

How Do I Know Who Was at Fault for My Florida Car Accident?

Fault is determined by the evidence collected during the investigation. We look at many things to determine fault in the case, including the police report, witness statements, property damage to the vehicles, any available dashcam or security camera footage, skid marks, and more. Sometimes, we even consult accident reconstructionists to do a professional examination of the all the evidence and make a recommendation.

What If I Was Partially at Fault for a Florida Car Accident?

Car accident cases are not always black and white. Sometimes it’s clear that one driver has 100% liability, and sometimes, it’s only a percentage of liability. Someone could be 50% at fault and the other person is 50% at fault, while other times it’s a 60/40 split. 

In these types of comparative negligence scenarios, your final compensation award will be reduced by the percentage of fault assigned to you. For example, if you’re awarded a $100,000 settlement and the jury finds you 20% at fault, you would only get $80,000. If you are found to be more than 50% to blame, you cannot recover any compensation. 

Can I Sue If I Wasn’t Wearing My Seatbelt When the Crash Occurred?

Yes, you are still able to sue the driver and the owner of the car if you were injured in an accident while not wearing your seat belt. However, because of comparative negligence rules, the jury could decide you were partially to blame for your injuries, and your awarded compensation could be reduced by that percentage.

What Should I Say to the Insurance Companies?

The at-fault driver’s insurance company may get in touch and ask you to give them a recorded statement about what happened. You do not have to give them a recorded statement, and you generally shouldn’t.

You are obligated to give your own insurance company a recorded statement if they ask for one. However, get advice from your attorney so they can assist you in giving that statement before proceeding.

Am I Liable If My Friend Causes an Accident While Driving My Car?

If your friend drove your vehicle with your consent, the parties injured in a crash do have the right to take legal action against you, the owner of the vehicle, as well as your friend, the driver.

Can I Sue the Driver Who Caused an Accident If I Was a Passenger in Their Car? 

Generally, yes, you can sue a driver whose negligent actions injured you, even if you were a passenger in their car – and even if they were a relative or friend. One of the only major exceptions is that you cannot take legal action against the driver in this scenario if you are married to them.  

Can I Be Found Liable for a Florida Car Accident If I Was Rear-Ended?

There are many circumstances where you can be found liable if your car is rear-ended. For example, if you pull out and cut someone off, you can be found liable for the resulting collision. You could also be found liable if there are witnesses stating that you were brake-checking or purposely slamming on your brakes in front of people.

If you were recently involved in a crash that wasn’t your fault, don’t wait to discuss your legal options with our Florida car accident attorneys. Call (727) 788-6792 or contact us online today.