St. Augustine Motor Vehicle Accident Attorney
Car, Motorcycle & Truck Accidents in Florida
Being the victim of a motor vehicle accident (MVA) is more than an inconvenience—it is costly, time-consuming, and frightening. Moreover, if you were injured in the accident, the consequences are potentially long-reaching and life-altering.
If you have been the victim of a motor vehicle accident on I-95 or anywhere in St. Johns County or Northeast Florida, it is imperative that you take action quickly. At Canan Law, we can help protect your rights and safeguard your future.
Do not discuss the matter with an insurance company or sit down for a formal interview with the police without first consulting the topic with a car accident lawyer in St. Augustine.
Call our St. Augustine motor vehicle accident attorneys at (904) 849-2266 or contact Canan Law online to request a free initial consultation today.
Types of Motor Vehicle Accident Cases We Handle
At Canan Law, our St. Augustine car accident lawyers have more than 60 years of combined experience representing victims of motor vehicle accidents and other serious personal injury matters. People in our community who have been involved with or injured by an unexpected crash or collision trust us to do what’s right for them—to protect their rights, their reputations, and their financial stability.
We help people just like you recover from a variety of different types of auto accidents, including those involving:
- I-95 car crashes
- Drunk drivers
- Texting and distracted drivers
- Hit-and-run collisions
- Rear-end collisions
- Fatal car accidents
- Pedestrian-car collisions
- Motorcycle crashes
- Trucking collisions
- Boating and waterway accidents
No matter the circumstances of your accident, our firm is here to help. With decades of collective experience and more than 250 jury trials under our belt, we understand the unique intricacies and delicate nuances present in MVA cases. We leverage our extensive experience and legal skill, as well as our large resources and respected reputation, to help our clients navigate the legal process and fight for the compensation they need to heal.
How Car Accident Claims Work in Florida
Florida is what is known as a no-fault state. This means that after most typical car accidents, you must go through your own auto insurance company to recover compensation. Usually, you do this by filing a PIP claim.
PIP, or personal injury protection, is a mandatory form of insurance coverage in Florida. Every driver in the state is required to have at least $10,000 in PIP coverage. After an accident, PIP covers up to 80% of the injured person’s medical expenses, as well as up to 60% of their lost wages. However, your benefits under PIP are limited if your injuries do not constitute an emergency.
Additionally, under Florida’s 14-day PIP rule, you must seek medical attention within 14 days of the accident to be covered by PIP insurance. If you fail to see a doctor or another medical provider within two weeks of the crash, you cannot file a PIP claim, and you could lose your right to benefits.
When Should You Get A Lawyer For A Car Accident?
In general, it’s always best to contact a lawyer as soon as possible after suffering injuries in a car accident. There are a couple reasons for this, the first being the statute of limitations. The statute of limitations is a law which is determined by each state that allocates a specific time period of when a personal injury claim can be filed.
According to the Florida Statutes section 95.11(3)(a) the state of Florida has a four-year timeline. This means you have four years from the date of your accident to file your claim or you will most likely be unable to do so. While somewhat rare, there are some exceptions to this law which can change the filing period:
- If the injured party is legally incapacitated by a mental illness at the time of the accident
- The negligent party left the state of Florida before a claim could be filed
- The negligent party intentionally tried to conceal their identity in order to prevent a lawsuit.
Beyond the complexities of the time limit imposed on your case, car accident injuries are typically different than other injuries covered by personal injury law in that they are most usually soft tissue injuries. Soft tissue injuries are injuries that affect the tendons, ligaments and muscles in the body. A common example of a soft tissue injury sustained in a car accident is whiplash. Like whiplash, these types of injuries as a whole typically progressively get worse over a few days or weeks after the injury occurred.
Without knowing this, many injury victims sign a compensation agreement with their insurance company before talking to a lawyer only to discover later that their injuries have gotten worse but are not able to recover any additional compensation to cover their additional expenses. If you have suffered injuries at the hands of a negligent driver, talk to our St. Augustine car accident attorney for help today!
For a free consultation about your rights following a motor vehicle accident, contact Canan Law today. Call (904) 849-2266 or use our simple online form to set up an appointment with a professional St. Augustine car accident attorney.
Our legal team specializes in a wide variety of practices and we are ready to fight & advocate on your behalf.
Going Outside the No-Fault Insurance System
One of the main benefits of Florida’s no-fault insurance system is that you can receive compensation for your medical expenses and lost wages after an accident regardless of who was at fault. Even if you were to blame for the collision, you can still receive benefits under your PIP coverage.
However, one of the drawbacks of the no-fault system is that it does not cover all your damages after an accident. PIP only covers up to 80% of your medical expenses and 60% of your lost wages. Plus, it does not cover non-economic damages, such as pain and suffering, whatsoever.
For car accident victims who sustain severe, life-altering injuries, PIP coverage may not be enough. The good news is that it is possible to step outside the no-fault system and file a lawsuit against the other driver and/or their insurance provider if you meet certain requirements.
In most cases, you can go outside the no-fault system if you suffer one of the following injuries:
- Significant/permanent loss of an “important” bodily function
- Significant/major disfigurement and/or scarring
Death also qualifies as a “serious injury,” allowing surviving family members to go outside the no-fault system and bring a wrongful death lawsuit directly against the liable person or party. If you have lost a loved one, our car accident attorneys in St. Augustine can help you pursue damages.
What Is Comparative Negligence?
Comparative negligence is a rule that acknowledges that, in many cases, multiple people or parties contribute to or cause an accident. There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. Florida follows the pure comparative negligence rule.
Under the pure comparative negligence rule, you can still bring a motor vehicle accident claim against an at-fault person or party if you were partially at fault for the accident. As long as another entity was at least 1% at fault, you could have grounds for a lawsuit. However, your percentage of fault (as determined by a judge or jury) will affect how much compensation you can recover. For example, if a jury finds you 30% at fault for the accident, your recovery will be reduced by 30% and you will only be able to recover up to 70% of the total amount you would have otherwise received.
Let Us Help So You Can Focus on Recovering
If you were involved in any type of motor vehicle accident in St. Augustine or the surrounding areas, we know your future may seem uncertain—that you may feel anxious or scared.
With decades of experience, our car accident lawyers understand your concerns. We will take great care when dealing with the intricate issues of your case, working with insurance companies, and handling the minute procedural details and legalities so you can concentrate on your recovery and move on with your life.