You can sue someone personally after a car accident if your car insurance liability limits have already been reached. In this circumstance, the victim could attempt to obtain compensation from the guilty driver in a court of law. To recover compensation, you must be able to prove that the driver was negligent. Under Florida law, there is no limit to the amount of compensation an injured victim is entitled to seek in a car accident lawsuit.
However, the plaintiff is not allowed to request an arbitrary amount; it must be reasonable and must be supported by evidence. Our experienced Hollywood, Florida car accident lawyers have the experience and resources to assess your claim and gather evidence to support the amount. You have the right to personally sue the driver for your damages. The problem here is that most uninsured drivers don't have the money or assets to use during a lawsuit.
Even if you win, you may not be able to recover much. According to articles 51-1-6 of the OCGA, a person who is injured due to the breach of a legal obligation by another person has the right to recover the damages they have suffered. This means that if you were injured in a car accident caused by another driver, you are likely entitled to seek compensation for your damages. You can do this even if you are partially at fault in the accident, as long as it is not 50% or more at fault.
Here are other scenarios where you only have two years to sue the at-fault driver or car owner. When the damages caused by a car accident exceed the limits of the driver's insurance in substantial amounts, the plaintiff may choose to reject a quick insurance settlement and sue the driver. Florida law provides a judicial creditor with several tools to collect a personal monetary judgment resulting from a car accident lawsuit. A car accident lawyer from The Law Place will thoroughly investigate your accident and obtain as much information as possible to file a strong personal injury lawsuit.
You have the legal right to take action against the driver who caused the accident and to sue him for damages under Florida law. Although your wife has a paid car, the car is not subject to collection, as long as your wife is not responsible for the injury. . You have up to four years from the date of the car accident to file a claim against the at-fault driver and his insurance company, in accordance with Florida Law 95.11.Another factor that could limit the amount of damages an injured car accident victim receives is Florida's comparative negligence rule.
The most likely scenario of a car accident lawsuit is when (the insurance policy limit is low compared to the damage suffered) and (the responsible parties (the at-fault driver or vehicle owner) have a substantial amount of assets at risk of collection. An injured person has four years after a car accident to sue the at-fault driver or the owner of the at-fault driver's vehicle. Therefore, you (or your attorney) should consult the statute of limitations that apply to the car accident to see if the death occurred during that applicable time period. As mentioned earlier, Florida is one of twelve states that follow a no-fault car insurance plan.
Many people wonder if they have reasons to bring a personal injury lawsuit and how much compensation they could recover. .