Jacksonville Auto Accident Lawyer

For most car accidents on or after March 24, 2023, Florida’s statute of limitations for negligence claims is two years from the date of the crash (Section 95.11, Florida Statutes). Crashes before that date generally fall under the old four-year deadline. A wrongful death claim must be filed within two years of the date of death. Claims against a city, county or state agency have extra notice requirements, so don’t wait. Call us as soon as you can so evidence and deadlines are protected.

Within 14 days. Under Florida’s no-fault law, your Personal Injury Protection (PIP) coverage pays only if you get initial medical treatment within 14 days of the crash (Section 627.736). Get checked even if you feel fine, because some injuries show up later.

Florida drivers must carry $10,000 in PIP coverage. It generally pays 80% of reasonable medical expenses and 60% of lost income, no matter who caused the crash. The full $10,000 is available only if a medical provider determines you had an emergency medical condition. Otherwise, medical benefits are limited to $2,500. PIP does not pay for pain and suffering.

Yes, if your injury meets Florida’s threshold. Under Section 627.737, you can recover pain and suffering from the at-fault driver when the crash caused a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death. We work with your doctors to document your injuries.

Usually. For crashes on or after March 24, 2023, Florida uses modified comparative negligence (Section 768.81). Your compensation is reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover damages from the other driver.

Your own uninsured/underinsured motorist (UM) coverage may pay, if you have it. Florida does not require drivers to carry bodily injury liability insurance, so UM coverage is often the main source of recovery after a serious crash. We review every policy that may apply to your case.

Nothing up front. Consultations are free, and we handle car accident cases on a contingency fee. You pay no fees or costs unless we recover money for you. Call (904) 632-2424 or contact us online.

If you or a passenger are involved in an automobile accident, your attention should turn to any injuries sustained and the immediate well-being of the victim(s).

Here are the basic steps you should take:

• Move the vehicle to safety: If possible, move your vehicle to a safe place, such as the shoulder of the road or a nearby parking lot. Don’t get out of the vehicle unless you are 100 percent sure that it’s safe to do so.
• Assess any injuries: Depending on the severity of the accident, you could be faced with injuries such as broken bones, cuts, burns, abrasions, head trauma, or even life-threatening injuries.
• Immediately Call 911: Do this as soon as you can, as it ensures that police and an ambulance will quickly respond to the scene.
• Accept medical treatment: In addition to treatment from paramedics at the scene, accept transportation to a local hospital. Remember, some injuries don’t present immediate symptoms.
• If you are capable: Take pictures, request statements from bystanders, and examine the extent of damage sustained by all vehicles involved.
• Learn more about the accident: As your injuries and time allow, learn more about the accident, such as by reviewing the police report.
• Consult with an experienced personal injury attorney.
• File an insurance claim: This is the first step in obtaining compensation from the negligent party. It’s best to consult with one of our attorneys before communicating with any insurance company representative. Never talk to an insurance investigator alone.

What Happens If the Other Party Is Not Insured?

Should the liable party not have sufficient insurance to cover these damages, a claim can be made against your Uninsured/Underinsured Motorist (“UM”) coverage under your own motor vehicle insurance if you have UM coverage. UM coverage is important.

There are usually specific sets of circumstances that can lead to a car accident. Roadway conditions, weather, congested traffic, poor visibility, and work zones are among the external forces at work. However, according to the National Highway Traffic Safety Administration (NHTSA), individual driving behaviors by operators themselves are at fault for the majority of accidents. There are a whole host of infractions one could be charged with that contributed to causing an accident.

Poor and dangerous driving behaviors include:

• Speeding and Reckless Driving account for the majority of accidents.
• Improper lane changing, weaving in and out of traffic. This could include passing on the right on a two-lane road at excessive speeds.
• Distracted Driving can include paying attention to occupants, eating, drinking, texting, cellular phone use, and not paying attention to changing road conditions. These behaviors are responsible for causing many crashes each year.
• Driving while Under the Influence of Drugs or Alcohol accounts for a significant portion of accidents.

If you were injured in a car accident in which the other driver was charged with engaging in any of these types of risky driving behaviors or was deemed at fault, then you may be able to sue for damages. Liability in a Florida personal injury case is based on the concept of who is negligent for the accident.

In proving negligence, you have to be able to establish the four elements of negligence in most civil lawsuits.

1. That the alleged wrongdoer owes you a duty of reasonable care and breached this duty.
2. That this breach of duty caused the accident or mishap.
3. That the breach caused the injuries.
4. That the victim suffered damages.

The damages you suffer can be both economical and non-economical, meaning medical expenses, loss of wages and vehicle reimbursement, pain and suffering, and mental anguish.

Florida uses a comparative fault system, so you may still recover even if you were partly responsible. Under Section 768.81, Florida Statutes, your compensation is reduced by your percentage of fault. For accidents on or after March 24, 2023, a person found more than 50% at fault cannot recover damages from the other driver.

Keep in mind that for most car accidents that happened on or after March 24, 2023, Florida gives you two years from the date of the crash to file a negligence lawsuit. Crashes before that date generally have four years. A wrongful death claim must be filed within two years of the date of death.

If you have been injured in a car accident, you need an experienced Jacksonville auto accident attorney who understands the aggravations that result from being involved in an auto accident, and who will work to minimize your frustrations while maximizing your chances for a favorable recovery, settlement, or award.

A person who carelessly operates a vehicle may be required to pay for resulting damages to persons and/or property. Individuals who operate any motor vehicle must exercise “reasonable care.” Failure to use reasonable care is the basis for most lawsuits pursued by a car accident attorney.

If you have been seriously injured in a car accident, you have the right to sue the at-fault driver for the compensation you deserve for your injuries. You are not required by law to have an attorney to do so, however, getting legal counsel and advice from an experienced auto accident attorney may increase your settlement amount. According to legal experts, claimants who hire an attorney to handle their personal injury case, receive up to 4 times the amount of compensation than handling the claim alone. A skilled and experienced litigator is adept at handling many different types of injury accident cases.

At the law offices of Terrell Hogan, our auto accident attorneys can answer your questions about the process of filing a Florida car accident lawsuit. We will also advise you on your best course of action and expertly manage your injury case, so you can focus on taking care of your family and yourself.

Specifically, we will:

• Examine what happened in your accident and advise you on whether you have the grounds to sue another party for your damages.
• Advise you if it is in your best interest to file a personal injury lawsuit or an insurance claim.
• Protect your rights under Florida law.
• Provide vigorous action with the insurance company representatives and their attorneys on your behalf.
• Collect and examine the evidence necessary to demonstrate negligence on the part of the at-fault driver.
• Gather evidence to establish a fair value for your damages which could include your physical pain and suffering, emotional distress, financial losses, property losses, and any other losses present.
• Advise you on whether you should accept the settlement offer for your injuries. Current and future medical conditions could determine the extent of your compensation sought.
• As skilled and experienced trial attorneys we are prepared to fight and win in court if it becomes necessary to obtain the full, and fair compensation you deserve.
• Keep you fully abreast and informed about the status of your case throughout the whole legal process. Also, remain available to answer any of your questions about the case.

Many victims and their loved ones are faced with devastating medical expenses or lost income, the recovery of which can only be obtained through a personal injury lawsuit with the assistance of a qualified automobile accident lawyer.

If you have been injured, you should seek medical attention as soon as possible. If treatment is delayed, the defendant may argue that it was not his negligent conduct that caused your injury, but rather something that occurred between the time of the accident and your visit to the doctor.

If you have been seriously injured in an automobile accident it may be important to contact an auto accident attorney who can help you protect your legal rights.

Terrell Hogan Jacksonville automobile accident attorneys will evaluate your case free of charge. 

In addition, you will not pay any fees or costs unless your attorney recovers money for you by judgment or settlement.

To aid you if you are involved in an auto collision, we have created a checklist for you to print and keep with you in your glove box, the Auto Accident Brochure.

Contact us online or via phone at (904) 632-2424. Either way, we’re here to answer your questions, protect your legal rights, and ensure that you receive all the compensation you deserve.