Tampa Car Accident Lawyer
With its sunny weather, sandy beaches, amusement parks and numerous entertainment and recreational hotspots, Florida is a great place to live and to visit. However, if you’re driving anywhere in the state, it can also be a very dangerous place. In fact, according to the Florida Highway Safety and Motor Vehicles’ Crash Dashboard, approximately 390,000 Florida or Tampa car accidents occur here each year, of which 160,000 are injury crashes. Last year, in Hillsborough County alone, there were 28,323 car crashes 12,141 injury crashes and 225 fatalities.
People injured in car crashes and their families can face life-altering difficulties after a car crash. In addition to physical pain and having to seek medical treatment, car accident victims often experience mental anguish, loss of income and financial hardship. Their suffering, physical limitations and other losses can be very stressful and challenging for them and their families.
If you or a loved one suffered a car accident injury, you may feel overwhelmed and uncertain about the future. The experienced Tampa car accident lawyers at Dennis Hernandez are here to help. We’ve assisted hundreds of victims across Florida in holding negligent parties accountable and securing the compensation they deserve.
On this website page, we will explain the criteria and process for filing a car accident lawsuit in Florida. We will explain the benefits of having an experienced car accident lawyer and answer common questions from car accident victims and their families about Florida cases.
For specific answers to your questions about your car accident injury case, please call our office at 855-529-3366 or submit the “Free Case Evaluation” form on this page. One of our experienced Tampa car accident lawyers will be glad to help you and provide expert legal advice at no cost to you.
When Can I File a Car Accident Lawsuit in Florida?
Almost any situation can cause a car crash, but the National Highway Traffic Safety Administration (NHTSA) reports that most accidents result from risky driving behaviors. Risky driving includes:
- Distracted Driving – responsible for causing more than 3,000 deaths each year.
- Drowsy Driving – responsible for approximately 700 fatalities per year.
- Speeding – responsible for almost 9,500 deaths each year.
- Drunk Driving – responsible for more than 10,000 fatalities a year.
- Drug-impaired Driving – associated with more than 50% of the drivers involved in serious injury accidents.
If you were injured in a car crash due to another driver’s risky or negligent behavior, you may be able to sue for damages. In Florida, personal injury liability is based on negligence, requiring proof of four key elements:
- The other driver owed you a duty of reasonable care.
- The driver breached this duty.
- The driver’s breach of duty caused your injuries.
- You suffered damages because of your injury. (The damages can be both economic, as in lost income or medical expenses, and non-economic, as in pain, suffering and mental anguish.)
Even if you were partially at fault for the accident, you can still sue, since Florida is a comparative fault state. Section 768.81, Florida Statues explains that in negligence claims, partial fault does not preclude recovery of damages for injury. Instead, the amount of compensation for an injury is reduced in proportion to the amount of fault attributed to the claimant.
You should also keep in mind that you must file a car accident lawsuit within a specific time period. According to Florida Statutes § 95.11(3)(a), you usually have only four years from the date of the accident in which to file a personal injury claim and only two years in which to file a wrongful death claim.
Do I Need a Lawyer to Help Me File a Florida Car Accident Lawsuit in Tampa?
If a car accident in the Tampa Bay area seriously injured you, you have the right to sue the at-fault driver without a lawyer. However, working with an experienced Tampa car accident lawyer can greatly improve your chances of securing the compensation you deserve.
The Dennis Hernandez car accident attorneys can answer your questions about the process of filing a Florida car accident lawsuit, advise you on your best course of action and expertly manage the case so you can focus on taking care of yourself and your family. More specifically, we will:
- Examine what happened in your accident and advise you on whether you have grounds to sue another party for your damages.
- Advise you if it is in your best interest to bring a personal injury lawsuit or an insurance claim.
- Protect your rights under Florida law.
- Negotiate vigorously with insurance company representatives and attorneys on your behalf.
- Collect the evidence necessary to demonstrate negligence on the part of the at-fault driver.
- Gather evidence to establish a fair value of your damages (physical pain and suffering, emotional distress, financial losses and other losses) and support your claim for compensation.
- Advise you on whether you should accept a settlement offer based on the full, fair compensation you deserve.
- Prepare assiduously to fight and win in court in case it is necessary to obtain the full, fair compensation you deserve.
- Answer all of your questions about the case and keep you well-informed of progress throughout the entire process.
For answers to specific questions about your case, please contact a Dennis Hernandez Tampa car accident lawyer at 855-529-3366 or fill in the FREE CASE EVALUATION form on our website. All consultations are free, and you pay nothing until we win your case.
Other Frequently Asked Questions about Car Accident Lawsuits in Tampa
If you or a family member were injured in a Tampa car accident, you may have questions about medical care, insurance, and compensation. Drawing from years of experience, we’ve compiled answers to common car accident lawsuit questions.
We advise that you contact us for answers and advice related to your specific situation; however, the following questions and answers can provide helpful general information and guidelines.
- Can I Sue for Car Accident Injury Damages in Florida?
- What Does PIP Insurance Cover?
- Who Can Be Held Liable for My Tampa Car Accident Injury?
- What Damages Can I Claim in a Florida Car Accident Lawsuit?
- How Much Compensation Can I Get with a Florida Car Accident Lawsuit?
- How Should I Handle the Insurance Adjuster?
- Should I Accept the Insurance Company’s Settlement Offer?
- Can I Sue in Florida If I Was Partially At-Fault for the Car Accident?
- Should I Hire a Tampa Car Accident Lawyer?
- What Should I Look for in a Car Accident Lawyer?
- How Much Does It Cost to Hire a Tampa Car Accident Lawyer?
Can I Sue for Car Accident Injury Damages in Florida?
The Florida Motor Vehicle No-Fault Law does not preclude filing a car accident lawsuit to obtain compensation if you suffered serious injuries that are permanent in nature, resulted in scarring or disfigurement, or caused the loss of important bodily functions. Some examples of injuries that may be considered “serious” under Florida law include:
- Neck and back injuries: The impact of a collision can injure the discs in your neck or back. The damage may be apparent immediately or may get worse over time and may require extensive surgeries and other medical treatments.
- Brain injuries: Vehicle collisions are a major cause of traumatic brain injury (TBI), which can cause significant and permanent disabilities.
- Broken bones: Bone fractures may cause pain, impair bodily functions, require surgery or other medical treatment, and/or cause chronic health problems.
- Lost limbs: In catastrophic collisions, arms or legs may be torn away or be so severely injured that they must be amputated.
- Spinal cord injuries: Injuries to the spinal cord can be permanently disabling, causing loss of function and/or sensation.
- Burns: When a crash causes a fire, the resulting burns may cause scarring, disfigurement, pain, and/or loss of bodily functions and may require extensive and long-term medical treatments.
There are many instances when filing a lawsuit is necessary to obtain the compensation you need to pay for ongoing medical expenses, lost wages, pain, suffering and other damages. Don’t assume you can’t pursue damages. An experienced Florida car accident attorney can review what happened in your injury accident and let you know if you are eligible for this kind of lawsuit.
What Does PIP Insurance Cover?
Florida law requires all motor vehicle owners to have a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) insurance to cover their own expenses in case of an accident. PIP insurance covers necessary and reasonable medical expenses, such as medical treatment, hospital costs, rehabilitative care and physical and occupational therapy, and 60% of lost income, up to a maximum of $10,000. If there is no medical emergency, benefits are capped at $2,500.
Who Can Be Held Liable for My Car Accident Injury?
Liability for a car accident is based on negligence. Those who fail to exercise reasonable care are considered negligent and can be held liable for damages. Drivers are typically found negligent when they violate traffic laws—such as speeding, failing to yield, or driving while impaired—and cause an accident.
If a defective vehicle part causes an accident, the manufacturer, parts supplier, or mechanic may be liable. A skilled Tampa car accident lawyer can identify the responsible party and help you seek maximum compensation.
What Damages Can I Claim in a Florida Car Accident Lawsuit?
The damages you can claim depend on your injuries, prognosis, medical needs, and their impact on your mental health and family. A Dennis Hernandez Tampa car accident attorney can evaluate your case, but generally, seriously injured victims may seek compensation for both economic and non-economic damages, including:
- Current and future medical expenses, including hospital stays, surgeries, medications, tests, doctor visits, assistive devices, therapies, and transportation.
- Property damage
- Lost wages and other income
- Diminished earning capacity
- Physical pain and suffering
- Mental anguish
- Physical impairment, disfigurement or scarring
- Diminished capacity to enjoy life
- Your family’s loss of your guidance, assistance and companionship
- Other damages recoverable under Florida law
How Much Compensation Can I Get From a Florida Car crash Lawsuit?
The compensation you may receive from a Florida car accident lawsuit depends on your case’s specifics. A Dennis Hernandez Tampa car accident attorney will assess your injuries, expenses, and overall impact before estimating a fair amount.
Our attorneys have helped injured clients obtain multi-million-dollar awards and will put their successful experience to work helping you obtain the full, fair compensation you deserve.
How Should I Handle the Insurance Adjuster?
After a car crash, the other party’s insurance company will likely contact you. While the conversation may seem harmless, speaking with them directly can hurt your case. You could unintentionally say something they use to claim you were negligent or that your injuries are minor. Any information you share may be used to deny or reduce your compensation.
Having an experienced lawyer handle the communication with the other party’s insurance company can definitely be beneficial. Tell insurance company representatives that your attorney will contact them, so you don’t have to worry about your statements. The Dennis Hernandez Tampa car accident attorneys know insurers’ tactics and will fight for your maximum compensation.
Should I Accept the Insurance Company’s Settlement Offer?
Injured victims in Florida car accidents often feel pressured to accept low settlement offers that may not cover their medical expenses. Insurance companies may lack necessary information or deliberately aim to minimize payouts.
This is where an experienced Tampa car accident attorney can be especially helpful. Dennis Hernandez lawyers are skilled negotiators who understand how insurance companies try to minimize payouts. We fight aggressively for a fair settlement that covers all your damages. If the insurance company refuses a fair offer, we are fully prepared to take your case to court and secure the compensation you deserve.
Can I Sue in Florida If I Was Partially At-Fault for the Car Accident?
Florida is a comparative negligence state, which means you can still receive compensation for an accident even if you were partially responsible for it. According to Florida Statute § 768.81, however, the amount will be reduced in proportion to the amount of fault attributed to you.
A Dennis Hernandez Tampa attorney who handles car accident cases will work diligently to gather the evidence necessary to demonstrate that the other driver was mainly or completely responsible for the crash to help prevent a reduction in your compensation.
Should I Hire a Car Accident Lawyer?
Seeking guidance from a trusted Tampa car accident lawyer can help you navigate the legal claim process. The Dennis Hernandez attorneys have years of experience securing the compensation injured clients deserve. We are skilled negotiators and litigators who don’t back down until we get the results our clients want.
When you work with our firm, you do not have to pay anything to hire us. Our advice and legal services are free until you get the compensation you need.
What Should I Look for in a Car Accident Lawyer?
When looking for a car accident lawyer, you should look for experience, a record of success, communication and commitment. Most personal injury law firms claim they are committed to leaving no stone unturned in pursuit of justice, but few have the experience and record of success in helping clients get the full, fair financial compensation they deserve. At Dennis Hernandez, we say we never back down, and we mean it. We are not afraid to fight for what is rightfully yours and insurance companies and their attorneys know it.
With more than twenty-five years of experience, we have helped hundreds of clients throughout Florida secure the compensation they deserve for their car accident damages. Our team maintains clear and consistent communication, answering all questions and keeping clients informed about case progress. Over the years, we have achieved multi-million-dollar awards for seriously injured clients. Now, we are ready to put our experience, commitment, and skill to work, fighting to get you the settlement or award you deserve.
How Much Does It Cost to Hire a Tampa Car Wreck Lawyer?
You do not have to pay anything up front to hire a Tampa car accident lawyer, since we work on a contingency fee basis. That means you do not pay anything until we help you secure the compensation you deserve.
Once you receive the substantial settlement or court award you deserve, we will collect our fee, which is a pre-agreed percentage of your compensation.
Get the Help You Need from a Tampa Car Crash Attorney
All car accidents are stressful, but injury accidents are especially devastating because of the necessary medical treatment, pain and suffering involved. Unfortunately, these problems can be compounded by having to deal with medical bills and insurance forms.
If you’ve been injured in a car crash, consult a Tampa car accident lawyer as soon as possible. The experienced attorneys at Dennis Hernandez & Associates handle insurance companies, gather crucial evidence, and fight for the compensation you deserve. We promptly collect evidence to prove negligence and negotiate directly with insurers. Our team builds strong cases to secure substantial compensation for your physical, emotional, and financial damages.
Many injury lawyers will do everything in their power to settle with insurance companies and avoid going to trial, but we never back down. We will leverage our trial experience to fight for the compensation you deserve. Working with the Tampa car accident attorneys at Dennis Hernandez means being supported through the entire legal process.
Call us at 855-529-3366 or fill in the FREE CASE EVALUATION form on our website to talk with an experienced Tampa car accident lawyer and get started on your case.
