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If an accident occurs in Florida, Florida personal injury laws will likely govern issues such as liability, filing deadlines, and what damages you can claim. As a Pennsylvania resident, this can be confusing, as it can be difficult to know which legal standards are the same or different compared to Pennsylvania personal injury cases.
In most cases, you can file a claim against the party who was responsible for the accident. For example, this could be the at-fault driver, trucking company, property owner, or medical system.
Pennsylvania residents visit Florida year-round for vacations, family visits, and business trips. Unfortunately, the risk of an accident still exists even during a trip. Some of the most common Florida accidents that impact tourists and other visitors include:
One major difference to be aware of between Pennsylvania and Florida accident claims is Florida’s no-fault insurance system for car accidents. While Pennsylvania has a similar no-fault system, you do still have the option to pursue a claim against the other driver in many circumstances. In Florida, there are fewer options for filing claims against a driver, so accident victims typically turn to their own insurance coverage.
There are certain times when you can file a claim against an at-fault driver, such as when you are left with permanent injuries or disabilities. Speaking with a personal injury attorney can help you understand whether to file a claim through your own insurance or the at-fault driver.
Similar to Pennsylvania, the statute of limitations for most Florida personal injury claims is two years from the date of the accident. You should work with your lawyer to gather evidence, negotiate with the at-fault party, and get a claim filed in the Florida Court system as soon as possible.
Santini Personal Injury & Car Accident Law is an experienced team of personal injury lawyers licensed in Florida and Pennsylvania. This experience gives us unique insight into the differences between the two legal systems and how to approach both Florida and Pennsylvania personal injury cases. Our lawyers can help you meet Florida’s claim requirements while also coordinating with your Pennsylvania insurance.
Yes, your Pennsylvania auto insurance will cover a Florida accident. The coverage typically still applies when you are driving in another state. This is important, as most car accident claims in Florida are filed through both parties’ respective insurance. A personal injury attorney can help you file a claim through your insurance, and can explain whether Florida personal injury laws also allow you to file a claim against the at-fault driver.
In Florida, you can recover compensation that covers any damages you have suffered due to the injury. This includes financial losses such as medical bills, lost wages, and property damage. It can also cover things such as pain and suffering or emotional trauma. A lawyer can help you include all relevant damages in your claim, so you receive a fair recovery that doesn’t leave you with lingering costs.
Yes, you can file a personal injury claim in Florida if you were partially at fault, as long as you don’t have the majority of responsibility for an accident. Florida uses a modified comparative negligence system when analyzing personal injury claims. If you are found to be 51% or more at fault, you can’t recover compensation. However, if you are less than 51% at fault, you can receive compensation, though it is reduced by your percentage of fault.
After a car accident in Florida, you should move to a safe location away from the road and check for injuries. Then, call 911 to receive emergency medical care, have a police report filed, and keep the accident scene safe. Next, you should exchange contact and insurance information with the other driver, take photos and videos of the accident scene if possible, and hire a personal injury lawyer for guidance in your next steps.
Getting in an accident while visiting Florida from Pennsylvania can be a stressful experience with huge implications for your future health and finances. In this situation, it is important that you have legal options to help you recover. Contact Santini Personal Injury & Car Accident Law to work with an experienced lawyer on your claim.
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