If you have been involved in a car accident, you are probably already stressed. However, getting sued after your car accident can make your stress levels even higher. The other driver may be attempting to hold you responsible for the damage to their vehicle as well as their injuries.
If you are sued after a car accident in Florida, you need to know what to do. Acting quickly and taking the right steps can potentially help you avoid the costly aftermath of litigation. Dive into all the details below to learn the steps you should take to get the best possible outcome for your lawsuit.
How Does Florida’s “No-Fault” Insurance System Work?
Florida follows a no-fault automobile insurance system. Under this system, drivers do not need to prove who was at fault in a car accident to receive compensation for their injuries. Instead, all drivers are required to carry their own personal injury protection (PIP) insurance.
Florida law requires drivers to have a minimum of $10,000 in PIP coverage. Generally, you cannot sue the other driver for your injuries. Instead, you would file a claim under your own PIP coverage and get compensation for your injuries from that policy.
However, accident victims who suffer serious injuries are allowed to sue the at-fault driver for their damages.
Florida law states that the injuries are considered serious when they consist of:
- 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
Victims who suffer an injury described above or who have damages in excess of their PIP coverage may sue the other driver for compensation. Similarly, you may file a claim for property damage against the other driver. All drivers are required to carry property damage liability (PDL) insurance, and this covers any property damage caused by the driver.
What Steps Should I Take if I’m Being Sued After a Car Accident?
One of the first things you should do after being sued for a car accident is to review your insurance coverage. Florida is one of the only states that does not require drivers to carry personal injury liability insurance. If you have this coverage, your insurance should pay for any injuries you caused.
Next, go ahead and notify your insurance company of the lawsuit. You should have already notified them of your accident, but you will also want to let them know that you are being sued. Your insurance company can help you determine your specific coverage and whether you have insurance to cover the claim.
Do not talk to the plaintiff, their lawyer, or their insurance company without an attorney. You should go ahead and speak to an experienced personal injury attorney who can help you through the process. Talking to the other parties without a lawyer could do damage to your case and leave you on the hook for a big judgment.
Contact a Lawyer Right Away
If you have liability insurance coverage, your insurance company will typically provide you with an attorney who will defend you against the lawsuit. However, if you do not have this coverage, you will need to find and hire an attorney on your own.
Here are the steps you can expect to follow once you reach out to a lawyer.
Set Up a Free Consultation
Most personal injury lawyers offer free consultations. This is a time for the attorney to learn more about your case.
They will want to know important details about your situation, such as:
- The date and time of the accident
- Copies of the lawsuit against you
- Information about any insurance coverage you have
- Any statements you have already made to the plaintiff
Your attorney can begin to put together a defense strategy to help you get the best outcome in your lawsuit.
File an Answer to the Lawsuit
After you have been served with a lawsuit, you have a limited amount of time to file an answer with the court. Failure to file an answer could allow the plaintiff to automatically win the case and hold you accountable for all the compensation they requested. The answer is the starting point to your defense in the case, and an experienced lawyer can help you draft an answer that covers all the necessary information.
Go Through the Discovery Process
The next phase that a personal injury lawsuit enters is called the discovery phase. During this phase, both sides gather and uncover evidence that may be useful to the case. Discovery may include depositions, written questions and answers, investigations, photos, and any other evidence that could be useful to proving who was at fault.
File a Counterclaim (If Applicable)
Remember that even if the plaintiff is allowed to file a lawsuit against you, they will need to prove you were at fault in order to win the case. In some situations, you may discover that the plaintiff was actually at fault. You might be able to file a counterclaim against the plaintiff to recover compensation from them for your own damages.
Begin Settlement Negotiations
Most personal injury lawsuits settle without going to trial. Negotiating a settlement usually leads to a quicker resolution of the case, and a settlement is usually much less expensive in the long run. Both sides make their arguments and negotiate until a final settlement amount can be reached. If a settlement cannot be reached, the case will proceed to trial.
Put Together a Defense
Your attorney will help you put together the best defenses to protect you from liability. Perhaps the lawsuit was filed beyond the statute of limitations, or maybe the plaintiff’s PIP coverage should apply to their injuries. In some cases, you may be able to prove that your actions did not cause the accident or that the plaintiff was mostly responsible for the crash.
Contact a Florida Personal Injury Attorney Today
If you are facing a lawsuit after a car accident in Florida, you need the help of an experienced personal injury lawyer at (850) 407-6591. The team at Brannon & Brannon Car Accident & Personal Injury Lawyers has over 60 years of combined experience in personal injury law, and we can offer you sound advice about all your legal options. Contact us today to schedule a free consultation and let us learn more about your situation.
