Car Accident Lawyer Fort Lauderdale & Plantation

Understanding Florida's No-Fault and PIP System

Florida is a no-fault insurance state. After a crash, each driver's own Personal Injury Protection, or PIP, coverage pays for their medical expenses and a portion of lost wages, up to the policy limit, regardless of who was at fault. PIP generally pays 80 percent of reasonable medical expenses and 60 percent of lost wages, subject to the policy limits. This system is intended to provide quick payment for minor injuries without the need to prove fault.

When injuries are serious, Florida law allows an injured person to step outside the no-fault system and pursue the at-fault driver for additional damages. This is known as the tort threshold, and it is met when the injury involves a significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death. When the threshold is met, the injured person can seek full damages from the at-fault driver, including pain and suffering and costs beyond what PIP covers.

Because the rules determine what you can recover and from whom, understanding them early matters. Attorney Hector Piedra reviews the injuries and the policy limits to advise whether a claim against the at-fault driver is available. This information is general and not legal advice; the firm confirms how the rules apply to your specific facts.

Common Causes of Car Collisions in South Florida

Crashes happen for many reasons. The firm reviews collisions involving:

• Distracted driving, including texting, phone calls, and in-vehicle infotainment.
• Speeding and aggressive driving, including tailgating and unsafe lane changes.
• Driving under the influence of alcohol or drugs.
• Failing to yield or running red lights and stop signs.
• Unsafe lane changes and improper turns.
• Following too closely in heavy traffic.
• Drowsy or fatigued driving on long highway stretches.
• Poor weather and wet road conditions.

How a Car Accident Claim Is Evaluated

Evaluation begins with the crash report and the facts of the collision. The firm reviews the police report, the vehicles' damage, and any available camera footage to establish what happened and who was at fault. Florida's comparative fault system means that more than one driver can share responsibility, and any recovery is reduced by the injured person's percentage of fault. The firm investigates to address fault arguments and protect the value of the claim.

The firm then documents the injuries and losses through the medical records, bills, and documentation of lost income. The available insurance coverage is confirmed, including the at-fault driver's bodily injury liability coverage and any underinsured or uninsured motorist coverage on your own policy, which can be important when the at-fault driver has little or no coverage. Because insurance limits can cap recovery, identifying all available coverage is a key part of the evaluation.

Evidence and Documentation After a Crash

Gathering evidence at the scene and shortly after protects the claim. Take these steps:

• Call law enforcement so an official traffic crash report is filed, and request the report number.
• Photograph all vehicles, the roadway, skid marks, traffic controls, and visible injuries.
• Exchange insurance and contact information with all drivers and identify any witnesses.
• Seek medical evaluation promptly; some injuries are not immediately obvious.
• Keep all medical records, bills, and documentation of time lost from work.
• Do not give a recorded statement to the at-fault driver's insurer before consulting a lawyer.

Common Injuries in Car Collisions

Car crashes can cause a range of injuries, from whiplash and soft tissue injuries to fractures, head injuries, and spinal damage. Some injuries, including concussions and soft tissue injuries, may not be apparent immediately, which is why prompt medical evaluation matters. The firm documents the injuries through the medical records so the claim reflects their full extent. Serious injuries that meet Florida's tort threshold allow the injured person to seek full damages from the at-fault driver.

Practical Steps After a Car Accident

First, seek medical attention, even if you believe the injury is minor. Second, report the crash so there is an official record. Third, gather the evidence described above. Fourth, do not accept an early settlement from the at-fault driver's insurer before the full extent of the injuries is known; an early offer can be well below the claim's value. Fifth, contact Piedra Injury Law for a free consultation. The firm can advise on Florida's rules, the evidence needed, and whether a claim makes sense. Acting quickly matters because Florida limits the time to file a lawsuit.

Insurance and Settlement Considerations

Car accident claims are usually handled through the at-fault driver's liability insurer and your own PIP and any underinsured or uninsured motorist coverage. The at-fault driver's insurer may dispute fault, argue comparative fault, or minimize the injuries. It may offer an early settlement before the injuries are fully understood. Attorney Hector Piedra handles communications with the insurers, documents the injuries and losses, and negotiates for a fair resolution that accounts for all documented losses, including future medical needs.

Because insurance limits can cap recovery, the firm identifies all available coverage, including underinsured or uninsured motorist coverage, which can be vital when the at-fault driver is underinsured or uninsured. No settlement should be accepted until the full extent of the injuries is understood. The firm advises you at each stage.

Potential Categories of Loss

When the tort threshold is met, an injured person may seek compensation for:

• Medical expenses beyond PIP, including surgery, rehabilitation, and ongoing care.
• Lost wages and reduced earning capacity.
• Pain and suffering and loss of enjoyment of life.
• Disability and lasting impairment.
• Out-of-pocket costs related to the injury.

How Piedra Injury Law Can Assist

Piedra Injury Law handles car accident claims from the initial review through resolution. Attorney Hector M. Piedra personally reviews the crash, identifies the responsible parties and all available insurance, and communicates with the insurers. The firm's practice is limited to personal injury, and the initial consultation is free. For accepted cases, the firm works on a contingency basis, meaning you pay no attorney's fee unless the firm recovers for you. This lets you pursue a claim without paying hourly legal costs up front.

The firm represents clients across Broward, Miami-Dade, Lee, Collier, and Palm Beach counties. If you were injured in a collision, call to schedule a consultation. Prompt investigation helps preserve evidence and protects the claim's value.

What to Expect During the Process

After the consultation and a decision to proceed, the firm gathers the crash report, medical records, and any camera footage. It handles communications with the insurers, documents the injuries and losses as you complete treatment, and prepares a demand. Negotiations follow. If the insurer will not offer a fair resolution, the firm may recommend filing a lawsuit. Litigation involves discovery, depositions, and expert testimony. Many car accident claims settle, but the firm prepares each one for trial so your position is protected.

The timeline depends on the seriousness of the injuries, the length of treatment, and the insurer's willingness to negotiate fairly. The firm keeps you informed at each stage and explains your options.

Filing Deadlines and Florida Law

Florida sets a statute of limitations for filing a personal injury lawsuit based on a car accident. For most negligence-based claims, the period is generally two years from the date of the crash under recent amendments to Florida Statute § 95.11. Missing the deadline can permanently bar a claim. Because some injuries develop over time and evidence is easiest to preserve early, it is important to confirm the deadline that applies to your facts. This information is general and not legal advice; the firm will confirm the deadline that applies to your situation.