Personal Injury and Auto Accident Attorneys Serving Florida
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Sarasota, Florida 941-954-4000
Bradenton, Florida 941-752-7200
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Experienced Personal Injury Lawyer

The lawyers of Shapiro, Goldman, Babboni & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. M. David Shapiro, David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over…

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Auto Accidents Blog Post

How Certain Florida Regulations Could Affect Your Auto Accident Case

There’s a variety of state laws that could affect the claims process you go through after an auto accident in Florida. Below we highlight just a few of the laws and regulations you should be aware of as you consider your next move.

No-fault state

Florida is a no-fault state. If you have been injured in an accident, you must first go to your own insurance company to seek compensation for your injuries — even if it was someone else who was at fault. There are a few exceptions to this process, and you may be able to file a liability claim with the other driver’s insurer. This is somewhat rare, however.

Statute of limitations

In Florida, the statute of limitations for any personal injury or property damage claims stemming from an auto accident is four years. The clock starts running the day of the accident or the time at which you realize you’ve suffered an injury.

After this four-year time limit expires, you may not be able to seek compensation, even if you have a compelling argument in your favor.

Comparative fault

Your options for securing a settlement after an accident largely depend on who was most likely at fault. If the case goes to court, it is up to the judge or jury to decide if both you and the other driver shared blame. In Florida, there are “pure” comparative fault rules, in which the judge or jury declares the percentage of the accident for which you were to blame. If you were 20 percent to blame, you would then forfeit 20 percent of the total damages awarded.

These are just a few examples of the laws affecting accident cases in Florida. For more information, speak with an experienced Bradenton personal injury lawyer at Shapiro, Goldman, Babboni, Fernandez & Walsh.

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Shapiro, Goldman, Babboni & Walsh
308 Cocoanut Avenue
Sarasota, Florida, 34236 USA
941-954-4000