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Attorney Frank Santini is licensed in both Pennsylvania and Florida. Santini Personal Injury & Car Accident Law can handle the Florida injury claim while also addressing the Pennsylvania insurance issues that often follow a Pennsylvania resident across state lines.
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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:
Florida and Pennsylvania both provide forms of first-party auto benefits, but a Pennsylvania visitor does not automatically become subject to Florida PIP merely because the crash happened in Florida. Pennsylvania automobile policies covering vehicles registered and operated in Pennsylvania include at least $5,000 in required first-party medical benefits, and Pennsylvania law establishes an order of priority for determining which policy supplies first-party benefits. Florida PIP applies to policies issued to satisfy Florida’s no-fault security requirements. Under Fla. Stat. § 627.733(2), a nonresident vehicle generally becomes subject to Florida’s security requirement only after it has been physically present in Florida for more than 90 days during the preceding 365 days. For a Pennsylvania resident visiting Florida, the available first-party benefits therefore depend on the applicable Pennsylvania policy, the vehicles involved, and the particular coverages available.
Florida’s no-fault law does not mean an injured person is limited to his or her own insurance. When Florida PIP applies, it provides specified first-party medical and lost-income benefits regardless of fault. An injured person can still pursue a liability claim against the negligent driver. In motor-vehicle cases subject to Florida’s no-fault law, Fla. Stat. § 627.737 limits recovery of damages for pain, suffering, mental anguish, and inconvenience unless the injury meets the statutory threshold, including a significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
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.
Usually, a Pennsylvania auto policy can still provide applicable benefits after a Florida crash, but not every coverage applies automatically in every situation. Pennsylvania policies include required first-party medical benefits for covered Pennsylvania vehicles, while coverages such as uninsured/underinsured motorist coverage, collision coverage, and higher first-party benefit limits depend on the policy and what the insured purchased. Florida PIP does not automatically replace a Pennsylvania resident’s coverage simply because the collision occurred in Florida. We review the Pennsylvania declarations page and policy, the vehicles involved, and any available Florida coverage to determine which benefits and liability claims are available.
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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