Spring Hill Car Accident Lawyer

Due to another party’s negligence, you are recuperating from serious car accident injuries. As a result, you are not working and may suffer long-term or permanent disability. During this challenging time, you need someone to protect your rights and hold those who caused your injuries responsible. At Kogan & DiSalvo, we understand the gravity of your situation. We know how difficult it can be when medical expenses and other bills pile up and you’re unable to work to support your family.

Through care, communication, and a commitment to excellence, we take the stress out of your legal matters so you can focus on healing. A personal injury attorney in Spring Hill can fight to recover the compensation you deserve. Schedule a free consultation today.

Florida Car Accident Laws: No-Fault Insurance

Because Florida is a no-fault auto insurance state, only those who suffer serious injuries may file a personal injury lawsuit against the at-fault party. Under Florida law, all automobile insurance policyholders must have a minimum of $10,000 in Personal Injury Protection (PIP) coverage.

After an accident, PIP covers the medical expenses and a percentage of lost wages of the policyholder and any passengers in the vehicle. However, it does not cover pain and suffering. With PIP, it does not matter who was at fault for the collision. It was designed to decrease the number of personal injury lawsuits in car accidents.

However, there are notable exceptions to Florida no-fault insurance regulations, which permit accident victims to sue the at-fault party if they sustain any of the following injuries:

• Loss of important bodily functions
• Disfigurement
• Significant and permanent injuries

In addition, if the at-fault driver is uninsured or does not have enough insurance to cover your damages fully, you may need to pursue a claim against them.

Florida is a Modified Comparative Negligence Jurisdiction

Florida follows a modified comparative negligence standard. If a judge or jury determines the plaintiff to be 49 percent or less at fault for the accident, they may still receive compensation. However, the amount of compensation is reduced by the percentage of fault. For instance, if the plaintiff is found to be 20 percent at fault for the car crash, a $100,000 award is reduced by that percentage to $80,000.

Types of Car Accidents

The most common types of car accidents in Hernando County include:

• Head-on collisions: A head-on collision occurs when a vehicle going in one direction hits another going in the opposite direction. These accidents may involve a driver crossing a double yellow line into oncoming traffic, driving the wrong way on a one-way street, driving under the influence of drugs or alcohol, or falling asleep at the wheel.
• Rear-end collisions: A rear-end collision is not always the fault of the rear or following driver who hit the back of the vehicle in front of them. The lead driver could contribute to or cause the crash by braking suddenly or cutting another driver off.
• Sideswiping: This type of accident occurs when two vehicles traveling in the same direction collide. The right side of one vehicle hits the left side of the other. Sideswipe accidents usually occur on highways and often at high speeds. One vehicle generally swerves into the other due to an unsafe lane change, distracted or drunken driving, or reckless driving. The impact frequently causes rollovers.
• T-bone accidents: When the front of a vehicle strikes another in the side, that is considered a T-bone accident. Such crashes usually occur at intersections, when one car runs a red light or stop sign and collides with another vehicle going through the intersection.

Finally, in hit-and-run accidents, as per Florida law, a driver must stop at the scene of a collision if it involves property damage, injury, or a fatality. Those convicted of a hit-and-run collision face license revocation, fines, and up to five years in prison in case of an injury.

Steps to Take After a Car Accident in Spring Hill

In the aftermath of a serious car accident, you may be unable to take any steps. If you can, call 911 and move to a safer area. If possible, assess your injuries and those of any occupants of your vehicle. Exchange names, addresses, contact, and insurance information with the other driver. If there are eyewitnesses to the crash, obtain their contact information as well.

Take photos of the accident scene, including damage done to the vehicles, and pictures of your injuries. Make sure the vehicles are easily identifiable by taking photos of the license plates—photograph or video road conditions and any evidence, such as skid marks.

Always seek immediate medical attention, even if you feel fine. Some injuries have delayed onset symptoms, and the rush of adrenaline after the shock of an accident can mask serious injuries such as concussions.

Prompt medical attention at an emergency room or urgent care facility ensures proper diagnosis and treatment. It also protects you against insurance company allegations that some other incident caused your injuries or that your injuries are not severe. That is a common insurance company tactic for accident victims who delay obtaining medical care.

Report the car accident to your insurer as soon as possible. Do not sign a release from the insurance company without obtaining legal counsel. In addition, do not accept any insurance settlement offered by the other driver’s insurer without consulting a Spring Hill personal injury lawyer.

Insurers often offer a lowball settlement to an accident victim to close the claim quickly. However, it typically will not cover the extent of your damages. Your attorney knows a fair settlement amount based on the seriousness of your injuries, how they have impacted your life, and the circumstances of the crash.

Avoid Posting on Social Media

Avoid posting about your accident on social media. Tell family and friends not to talk about the accident or tag you in their posts. Insurance company representatives often scour the social media of accident victims, looking for any information they can use against you. For instance, if someone asks you how you are after the crash, and your reply is, “I’m better,” it can be twisted by insurers into an allegation that you are exaggerating your pain.

Compensation Available After Car Accidents

Compensation, also known as damages, may include economic and non-economic components after a Florida car accident. Economic damages are determined in a straightforward manner. The amounts are easily documented with invoices or receipts and may consist of:

• Medical expenses, current and future
• Lost wages
• Lost earning capacity if you cannot return to your job due to your injuries
• Property damage
• Reimbursement for services you cannot perform due to injury, such as childcare or yard work.

Keep all receipts and records relating to these costs as proof. For example, if you cannot drive and must call a rideshare service to go to a doctor’s or rehabilitation appointment, you can receive reimbursement if you have receipts. 

Determining the amount of non-economic damages is more subjective. They are calculated using various factors, including the severity of your injuries and the impact on your daily life. Non-economic damages may include pain and suffering, loss of enjoyment of life, and mental anguish.

The Importance of Timely Legal Action

Florida’s statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. Failing to file your personal injury lawsuit by that deadline means your case cannot go forward.

Do not wait too long before consulting a Spring Hill car accident attorney. Your attorney will investigate every aspect of your car accident. That includes interviewing eyewitnesses before their memories of the accident fade. Valuable evidence that may prove your case, such as local surveillance video, may be erased.

Contact Kogan & DiSalvo for a Free Consultation

If you or someone you know was seriously injured in a car accident due to another party’s negligence or recklessness, you need the services of an experienced Spring Hill personal injury lawyer at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. Because our firm works on a contingency basis, you pay no fee unless you receive compensation. We serve all of Hernando County.