Car Accident Attorney Melbourne, FL

How long does it take to settle a car accident case in Florida?

At the Law Offices of Arcadier, Biggie & Wood, we understand that the aftermath of a car accident can be a confusing and stressful time, fraught with uncertainty about the future. One of the questions that clients frequently ask is, “How long will it take to settle my car accident case in Florida?” The answer can vary widely depending on a number of factors, such as the complexity of the case, the parties involved, and the nature of the injuries sustained. Our experienced legal team is committed to guiding you through every step of the process, advocating for your rights, and diligently working to resolve your case as quickly as possible while ensuring you receive the compensation you deserve. With our comprehensive knowledge of Florida’s laws and procedures, we aim to provide you with peace of mind during this challenging time.

car accident

Car Accident Causes in Melbourne, FL

Car accidents in Melbourne, Florida, can occur for a variety of reasons, many of which mirror the causes of accidents nationwide. Understanding these underlying factors can help in both prevention and in building a strong legal case if you find yourself a victim. Some of the most common causes include:

  • Distracted Driving: One of the leading causes of car accidents, not just in Melbourne but across the country, is distracted driving. This includes activities like texting, using a GPS, eating, or even adjusting the radio while driving.
  • Speeding: Exceeding the speed limit or driving too fast for road conditions is another common cause. High speeds reduce the driver’s ability to steer safely around curves and objects in the roadway, extending the distance necessary to stop a vehicle.
  • Impaired Driving: Driving under the influence of alcohol, drugs, or medication is both illegal and dangerous, significantly impairing the driver’s ability to operate the vehicle safely.
  • Weather Conditions: Melbourne, FL, like much of the state, is susceptible to severe weather conditions like heavy rains, fog, and occasional hurricanes. These conditions can make roads slippery and reduce visibility, contributing to accidents.
  • Reckless Driving: This involves a deliberate disregard for the rules of the road, often characterized by changing lanes without signaling, tailgating, and ignoring traffic signs.
  • Running Red Lights and Stop Signs: Such traffic violations are a common cause of intersection collisions, often resulting in serious injuries.
  • Vehicle Defects: Although less common, accidents can also be caused by vehicle defects. This could be due to manufacturing errors, or failure to maintain the vehicle properly.
  • Road Conditions: Potholes, lack of proper signage, and unclear road markings can also contribute to accidents.
  • Driver Fatigue: Tired drivers can be as impaired as those under the influence of substances. Lack of sleep can slow down reaction times and result in poor decision-making.
  • Inexperienced Drivers: Inexperience can result in poor judgment and mistakes that seasoned drivers might avoid, like misjudging stopping distances or not reacting quickly enough to road hazards.

If you or a loved one has been involved in a car accident in Melbourne, FL, it is crucial to consult with legal professionals to understand your rights and options. A skilled attorney can investigate the cause of the accident, gather evidence, and help you navigate the complexities of Florida’s legal system to seek the compensation you deserve.

Car Accident Infographic

Most Common Causes To Car Accident Infographic

Am I Entitled to Compensation for My Melbourne Car Accident Injuries?

If you’ve been involved in a car accident in Melbourne, Florida, you may be wondering whether you are entitled to compensation for your injuries and other losses. The answer largely depends on the specific circumstances of your case, such as who was at fault, the nature and extent of your injuries, and the impact on your life and work. Florida operates under a “no-fault” insurance system, meaning your own insurance may cover some of your medical expenses and lost wages, regardless of who was at fault. However, if you have sustained serious injuries that meet a certain legal threshold, you may be able to pursue additional compensation through a personal injury lawsuit against the at-fault party. These damages can cover medical bills, future medical care, lost wages, property damage, and even non-economic losses like pain and suffering. Consulting with an experienced car accident attorney, such as those at the Law Offices of Arcadier, Biggie & Wood, can provide you with a comprehensive understanding of your legal rights and options for seeking the compensation you rightfully deserve.

Steps to Take Following a Car Accident in Melbourne, FL

The moments following a car accident can be disorienting and stressful. However, taking the right steps can significantly impact your ability to receive the compensation you may be entitled to for your injuries and damages. Here are some crucial steps to follow if you find yourself involved in a car accident in Melbourne, FL:

  1. Check for Injuries: First and foremost, assess your condition and that of others involved in the accident. Call for medical help immediately if anyone is injured.
  2. Move to Safety: If possible, move your vehicle out of the flow of traffic to a safer location. Turn on your hazard lights to alert other drivers.
  3. Call Authorities: Dial 911 to report the accident. This will summon police and, if necessary, medical assistance. A police report can be an invaluable piece of evidence when filing an insurance claim or a lawsuit.
  4. Exchange Information: Collect names, addresses, phone numbers, insurance details, and license plate numbers from all drivers involved. Also, gather contact information from any witnesses.
  5. Document the Scene: Take photos or videos of the accident scene from multiple angles, capturing damage to all vehicles involved, road conditions, traffic signs, and any skid marks or debris. This visual evidence can be important later on.
  6. Seek Medical Attention: Even if you feel fine, it’s important to get a medical check-up as soon as possible. Some injuries may not be immediately apparent but could manifest later.
  7. Inform Your Insurance Company: Notify your insurance provider about the accident as soon as you can. They will guide you through their specific claims process.
  8. Consult an Attorney: Consider contacting a car accident attorney, especially if there are significant damages or injuries. An attorney can help you understand your legal rights and navigate the complexities of the legal system, increasing your chances of a favorable outcome.
  9. Keep Records: Maintain all medical records, bills, repair estimates, and any correspondence with insurance companies. These will be essential when seeking compensation.
  10. Follow-Up: Keep up-to-date with your medical treatments and adhere to any legal advice given. Failure to do so may negatively affect the outcome of your claim.

Taking these steps can provide a structured approach to a chaotic situation, and may prove invaluable in the event that you seek compensation for your injuries and damages.

FAQ:

Who pays for medical bills in a car accident in Florida?

In Florida, which operates under a “no-fault” insurance system, your own personal injury protection (PIP) coverage generally pays for your medical bills regardless of who was at fault for the accident. PIP coverage typically covers 80% of your medical expenses up to a predetermined limit, which is usually $10,000, although this can vary depending on your specific policy. If your injuries are severe and meet certain legal criteria, you may also be entitled to file a lawsuit against the at-fault driver for additional compensation, which could include the remaining 20% of medical expenses not covered by your PIP, as well as future medical costs. Consulting a knowledgeable car accident attorney can provide a more detailed understanding of how medical bills are handled in your specific case.

What happens if you lose a car accident lawsuit in Florida?

If you lose a car accident lawsuit in Florida, you generally won’t be able to recover any compensation for your injuries, damages, or losses related to the accident. Additionally, you may be responsible for covering the legal costs, including court fees and potentially the attorney’s fees of the opposing party, depending on the specifics of the case and any agreements made beforehand. Losing a lawsuit can also have implications for any related insurance claims you may have filed, potentially affecting your insurance premiums. It’s essential to consult with a knowledgeable attorney to understand the ramifications fully and to explore any other legal avenues that may still be available to you.

How long do you have to see a doctor after an auto accident in Florida?

In Florida, it is crucial to see a doctor within 14 days of the auto accident to qualify for Personal Injury Protection (PIP) benefits, which typically cover 80% of your medical bills up to a certain limit. Failing to get medical attention within this two-week window could result in a denial of PIP benefits, leaving you responsible for your medical expenses. Furthermore, timely medical attention is essential for documenting your injuries, which could be crucial should you later decide to pursue additional compensation from the at-fault party. Always consult with an experienced attorney to understand the full scope of your rights and obligations following an auto accident in Florida.

How long does an insurance company have to settle a claim in Florida?

In Florida, insurance companies are generally required to settle claims in a timely manner. According to Florida Statutes, once you have provided your insurance company with all the necessary information and proof of loss, they have 90 days to either settle the claim or deny it. Failure to meet this timeframe could result in penalties for the insurance company. However, the actual time it takes to settle a claim can vary depending on the complexity of the case, the thoroughness of the investigation, and other factors like negotiation between parties. Consulting with an experienced attorney can provide you with specific guidance tailored to your situation and can help ensure that your claim is processed in a timely and fair manner.

Who may be Liable for Your Losses After a Car Accident in Melbourne, FL?

Determining liability for losses after a car accident in Melbourne, FL, can be a complex process involving multiple parties. While drivers are often the first to be considered at fault, liability could also extend to vehicle manufacturers for defects, local municipalities for poorly maintained roads, or even bars and restaurants that overserved a drunk driver. In some cases, multiple parties may share liability. Florida’s comparative fault system also means that even if you are partially at fault for the accident, you can still recover damages, although your compensation will be reduced by your percentage of fault. Consulting with an experienced car accident attorney can help you identify all potentially liable parties and navigate the complexities of Florida’s liability laws to maximize your compensation.

Why Choose the Law Offices of Arcadier, Biggie & Wood as Your Car Accident Attorney in Melbourne, FL?

In the aftermath of a car accident, choosing the right legal representation can make all the difference in your pursuit of justice and fair compensation. At the Law Offices of Arcadier, Biggie & Wood, we pride ourselves on our expert understanding of Florida’s complex liability and insurance laws, our dedication to client welfare, and our proven track record of successful outcomes. With years of experience specifically in handling car accident cases in Melbourne, FL, our team is uniquely equipped to guide you through the legal maze that often follows such incidents. We commit to advocating on your behalf, from initial consultation to settlement or courtroom verdict, ensuring that your rights are protected every step of the way. For a legal partner who prioritizes your best interests and strives for the most favorable resolution, look no further than the Law Offices of Arcadier, Biggie & Wood.

Melbourne Car Accident Statistics

According to the National Safety Council, car accidents are the leading cause of personal injury in the United States. In 2021, there were over 6 million car accidents in the United States, resulting in over 3 million injuries and 40,000 fatalities. Drunk driving and speeding are two of the most common causes of fatal car accidents.

If you have been injured in a crash caused by another party, reach out to one of our car accident lawyers to find out what type of financial compensation you may be entitled to.

Understanding Car Accident Laws In Melbourne, Florida

If you were in a car accident, you can seek help from a trusted Melbourne, FL car accident attorney. Melbourne, a beautiful gem located on Florida’s Space Coast, is well-regarded for its scenic views and vibrant communities. As the city grows and thrives, ensuring the safety of its roads remains a top priority. As such, residents and visitors must be aware of Melbourne’s specific regulations regarding car accidents. Such knowledge is not only essential for legal compliance but also for protecting one’s rights and interests in the aftermath of an unfortunate event. For help following an accident, get in touch with the Law Offices of Arcadier, Biggie & Wood.

Florida’s No-Fault Insurance System

One of the foundational aspects of Florida’s car accident laws, which extends to Melbourne, is the no-fault insurance system. Under this system, drivers are required to carry Personal Injury Protection (PIP) insurance. When an accident occurs, regardless of who was at fault, individuals first turn to their own PIP insurance to cover medical bills and certain other out-of-pocket expenses. This system means that many accident claims are settled without determining fault.

However, this doesn’t mean that a person injured in a car accident can never step outside the no-fault system. If the injuries are deemed severe, the victim can pursue a claim against the other driver directly, aiming to recover a broader spectrum of damages.

Reporting A Car Accident In Melbourne

In the aftermath of a car accident in Melbourne, it’s essential to be aware of the state’s reporting requirements. Florida law mandates that any car accident resulting in injury, death, or property damage over a certain threshold be reported. The parties involved must notify the local police department — in Melbourne’s case, the Melbourne Police Department — particularly if the accident occurred within the city’s limits.

Statute Of Limitations And The Importance Of Timeliness

Like all legal matters, car accident claims in Melbourne are governed by a statute of limitations. Victims generally have four years from the date of the accident to file a lawsuit for personal injuries and two years if the accident resulted in wrongful death. However, it’s essential to act promptly, as certain circumstances might alter these general timeframes.

Our Commitment To Melbourne’s Residents

The intricacies of car accident laws can be overwhelming, especially when grappling with the aftermath of an accident. This is where we step in. With a deep understanding of Melbourne’s regulations and a genuine concern for the well-being of the community, our Melbourne car accident attorney ensures that those affected by car accidents receive the guidance and representation they deserve.

Navigating Melbourne’s Roads With Our Team By Your Side

While Melbourne’s streets are filled with beauty and charm, accidents, unfortunately, can and do happen. Should you or a loved one find yourself in such an unfortunate situation, it’s vital to be equipped with knowledge and have reliable support. We are here to provide both. Reach out to our dedicated team to ensure your rights are upheld, and together, let’s work towards safer roads in Melbourne. If you need help following an accident, call the team at the Law Offices of Arcadier, Biggie & Wood to see what our Melbourne car accident attorney can do for your car accident claim.

 

Law Offices of Arcadier, Biggie & Wood

2815 W. New Haven, Suite 304, Melbourne, Florida 32904

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“I continue to be impressed and grateful for Maurice Arcadier’s depth of knowledge, methodical, measured and fair legal guidance. I’ve worked and conducted business across 15 countries, but here at home, he and his law firm feel just as much business partners as legal counsel. The perspective and consideration he offers remains more-than-valuable to me as I navigate each new business endeavor. I would wholeheartedly recommend Maurice to anyone !”
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