Understanding Your Auto Accident Claim: Key Terms You’ll Need to Know

If you have been seriously injured in an auto accident, understanding your legal rights is important. This starts with understanding the terminology involved in your case. Understanding the terminology will help you make informed decisions—and help ensure you do not unknowingly leave any money on the table. Keep reading to learn what you need to know from an experienced Florida auto accident attorney at Searcy Denney.

10 Key Terms in a Florida Auto Accident Claim

Auto accident claims are much more complex than most people realize. Unfortunately, this means that many auto accident victims end up unknowingly settling for much less than they deserve. While auto accident victims can—and should—rely on an experienced attorney to protect their legal rights, victims must be prepared to make informed decisions at various steps along the way.

As you work with your Florida auto accident attorney to seek the financial compensation you deserve, here are 10 key terms you will need to know:

1. Liability

Seeking financial compensation after an auto accident requires proof of liability. This means that you need to prove that someone else (i.e., a negligent driver) is legally responsible for your injuries. If you can prove that someone else is liable for your injuries, then you can proceed to the next step of determining how much you deserve to recover.

2. Negligence

In the vast majority of cases, establishing liability for an auto accident involves proving that someone else’s negligence led to the collision. Typically, this will be driver negligence, such as speeding, running a red light or stop sign, or texting while driving. But, from negligent hiring and entrustment to negligent vehicle maintenance, many other forms of negligence can cause (or contribute to causing) serious auto accidents as well.

3. “No-Fault” Auto Insurance

Florida is a “no-fault” auto insurance state. Under Florida’s “no-fault” auto insurance law, accident victims must typically file claims with their own insurance companies unless they can prove that they suffered a significant or permanent injury in the crash. If an accident victim can prove that they suffered a significant or permanent injury, then they can file a liability-based auto insurance claim (if coverage is available).

4. “Significant” or “Permanent” Injury

For purposes of Florida’s “no fault” auto insurance law, the terms “significant” and “permanent” are defined in Section 627.737 of the Florida Statutes. These injuries include:

• “Significant and permanent loss of an important bodily function,”
• “Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;” or,
• “Significant and permanent scarring or disfigurement.”

Broken bones, severe burns, traumatic brain injuries (TBI), spinal cord injuries (SCI), and various other types of injuries can all potentially qualify. Once you hire a Florida auto accident attorney to represent you, your attorney will be able to determine whether you have grounds to pursue a liability claim in your case.

5. Contributory Fault

Under Florida law, if an auto accident victim is partially responsible for the accident, this can have a major impact on the victim’s claim for financial compensation. In legal terms, partial responsibility is referred to as “contributory fault.” There are two ways contributory fault can impact victims’ rights:

• 50 Percent or Less At Fault – Accident victims who are 50 percent or less at fault for their injuries are entitled to partial compensation under Florida law.
• 51 Percent or More At Fault – Accident victims who are 51 percent or more at fault are not entitled to any financial compensation under Florida law.

Your attorney can help you here as well. An experienced Florida auto accident attorney will be able to assess your percentage of fault (if any), and then your attorney will be able to deal with the insurance companies on your behalf.

6. Economic Damages

When you have an auto accident claim involving a significant or permanent injury, you are entitled to compensation for your financial and non-financial losses. The financial losses you are entitled to recover are referred to as your “economic damages.” In a typical case, economic damages will include the victim’s present and future medical expenses, other out-of-pocket costs, lost earnings, and lost future earning capacity.

7. Non-Economic Damages

The non-financial losses you are entitled to recover are referred to as your “non-economic damages.” Potential non-economic damages in auto accident cases include compensation for pain and suffering, emotional trauma, permanent scarring and disfigurement, loss of consortium and companionship, and loss of enjoyment of life.

8. Punitive Damages

Along with economic and non-economic damages, punitive damages are also available in some cases. Under Florida law, filing a claim for punitive damages requires evidence of “intentional misconduct or gross negligence.” Drunk driving, road rage, street racing, and extreme recklessness are some examples of potential grounds to file a claim for punitive damages after a serious collision in Florida.

9. Settlement

When you have a claim for damages after an auto accident, receiving a fair settlement through the insurance claims process is generally the best-case scenario. A settlement is a binding agreement to resolve your claim for a specified amount of money. Once you enter into a settlement agreement, your claim is over, so it is critical to make sure you are not settling for less than you deserve.

10. Contingency-Fee Representation

In auto accident cases, attorneys represent their clients on a contingency-fee basis. This means that accident victims’ legal fees, if any, are calculated as a percentage of the damages they recover. If you hire an attorney to represent you and your case is unsuccessful for any reason, you will owe nothing for your legal representation.

Request a Free Consultation with a Florida Auto Accident Attorney at Searcy Denney

Do you need to know more about protecting your legal rights after an auto accident in Florida? If so, contact us today. To request a free consultation with an experienced Florida auto accident attorney at Searcy Denney, call 800-780-8607 or tell us how we can reach you online now.