FAQ

You will already have a lot to deal with after a car accident. You will lack the energy to pursue a car accident claim, especially if the at-fault insurance company is offering you quick money to settle your case. You deserve an experienced personal injury attorney to help you with your case.

The PETIT Firm has over a decade of experience, exclusively handling personal injury cases. We have handled countless car accident cases and helped injury victims in the immediate community get the fair compensation they deserve.

Hiring us means that you will get a team that will:

• Get assistance handling your property damage claim;
• Explain all of your pathways for getting compensation under the law;
• Investigate your accident to gather evidence of the other driver’s fault;
• Obtain crash reports and other documents related to the accident;
• Calculate the approximate value of your claim based on past results;
• Work with experts in accident reconstruction, medicine, and safety to aid you in your claim;
• Conduct all communications and negotiate with adjusters and opposing parties;
• File a lawsuit in pursuit of fair compensation, should the need arise.

Contact the attorneys at The PETIT Firm to schedule your free case review and discuss your accident.

The value of your case will depend on the injury suffered and the circumstances of the accident.

A few elements have the biggest influence on the value of your injury cases:

• Medical cost of treatment (past and future)
• The extent of missed work without pay
• Whether your earning capacity is lessened
• Amount of Pain and Suffering you endured after the accident
• Whether you share a portion of the blame (less than 51%)
• Insurance coverages available
• Existence of the evidence to support your claim, including witnesses

The best way to figure out the value of your case is to contact an experienced lawyer, like the ones at The PETIT Firm. We can evaluate your damages to get a sense of your case’s value.

It’s almost always a good idea to consult with a car crash attorney after a collision. Although not every case requires the assistance of an attorney, even to discuss what options are available, it is worth the call.

During an initial consultation, you will be provided with some initial advice and go over your best course of action. You won’t be under any obligation to choose them, should you wish to go elsewhere.

We offer a free consultation to every car accident victim. Call or email today to schedule your appointment.

Florida law provides two years to file a claim after a car accident. However, the longer you wait, the more you could negatively affect the value of the claim.

Under Florida law, injured parties are typically entitled to two forms of compensatory damages.

Economic Damages compensate for financial losses and other expenses that can be proven with documentation.

Examples include:

• Medical expenses for prescriptions and the like
• Loss of income
• Diminished earning capacity
• Chiropractor, rehabilitation, and physical therapy costs
• Out-of-pocket expenses related to the auto accident
• Property damage (including cars and other personal property)

Non-Economic Damages are awarded to recover for non-monetary losses that are harder to value with bills and receipts. They include:

• Pain and suffering (past and present)
• Emotional distress
• Anxiety
• Post-Traumatic Stress Disorder (PTSD)
• Reduced quality of life
• Disfigurement and scarring
• Loss of consortium

The kind and amount of damages recovered are largely dependent on what insurance coverages are available.

Initially, retaining an injury attorney costs nothing upfront. Most car accident lawyers work on a contingency basis. This means their fees are tied to the outcome of your case. You don’t pay anything unless they win your case.

If your attorney fails to obtain a settlement or verdict for you, you won’t owe any fees. If your attorney is successful, they will take a previously agreed-upon percentage of your case as payment for their services (usually 33 1/3 – 40% of the gross recovery).

You can recover damages so long as you’re not mostly (51% or more) to blame for your motor vehicle accident. Since March of 2023, Florida has adopted a modified comparative fault law when it comes to automobile accident claims.

These rules require courts and juries to reduce your damages according to your percentage of blame for the wreck. However, if you are 51% or more to blame for the accident, you cannot receive compensation.

For example, if you have $100,000 in damages but are 50% responsible, you can only obtain 50% of your damages ($50,000). But if you are 51% or more responsible, you will recover nothing.

Insurers are quick to use this to try to reduce the compensation you’re due. You should not be surprised if they try to blame you for the car accident.

You should reach out to a lawyer to help you defend the allegations of comparative fault.

Statistically speaking, it’s highly unlikely. Most accident cases, instead, are resolved through settlement negotiations. In fact, the majority of cases don’t even require filing a lawsuit. However, that may be changing.

That said, it may be in your best interest to file a lawsuit in certain circumstances, such as if the defendant refuses to offer a fair settlement. Once we file a lawsuit on your behalf, pretrial discovery will take place. This could reveal critical evidence in favor of your claim, potentially leading to a more favorable settlement agreement.

In addition, litigating a case requires significant time, skill, and resources. The opposing party in your case might not want to make those efforts, and so even the mere “threat” of a lawsuit can increase bargaining power.

Keep in mind as well that even after a court action is filed, that doesn’t mean your case will actually go to trial. Negotiations can still continue throughout the entire process.

What you do immediately after a car collision can impact your financial recovery. You should take the following steps after an auto accident:

• Promptly call law enforcement (911)
• Cooperate with the police as they arrive on scene and gather information
• Ensure accuracy for the accident report
• Exchange contact information of any eyewitnesses that saw the crash
• Take photographs and videos of the scene (if safe to do so)
• Seek medical treatment – by ambulance to the Emergency Department, Urgent Care Center, or by following up with your personal primary care provider

The final thing you should do is call an accident attorney.

Your lawyer can tell you your rights and alternatives for pursuing the amount of compensation you deserve. They can also help you understand the value of your case.

What you do in the days and weeks after the wreck is critical. These important steps can help you protect your health and your potential case.

There are many different types of auto accidents. Some tend to be more serious than others.

But any crash can cause serious damage and harm under the right circumstances.

We represent clients in all types of motor vehicle accident cases, including:

• Single Vehicle accidents involving a phantom vehicle
• Multi-Vehicle Accidents
• Rear-End Accidents
• Rollover Accidents
• Truck Accidents
• Accident victims as a pedestrian, bicyclist or motorcyclist
• T-bone or sideswipe accident
• Drunk or Distracted drivers
• Hit & Runs
• Accidents with Fatalities

You deserve compensation if you’ve been involved in a motor vehicle or a bicycle accident.

There are many different parties that could be liable for your car crash.

The liable driver will likely be determined on how your collision happened.

The following parties might bear some or all of the blame:

• Another driver
• A truck driver or trucking company if it was a truck accident
• Uber/Lyft if you were in a rideshare wreck
• An employer, if the other driver was an on-duty staff during the collision
• Driver who is delivering items, while on the delivery app

Everyone who shares blame for the crash is responsible for a portion share of the damages. An attorney can help you identify all the liable parties.

Car collisions can produce a range of serious injuries, from minor bruises and scrapes to paralysis. The most common include:

• Soft tissue injuries involving the muscles of the body
• Back, neck injuries
• Chest injuries
• Broken/ fractured bones
• Spinal Cord Injuries
• Concussion
• Traumatic Brain Injuries (TBI)
• Wrongful Death

You deserve compensation if another driver caused your collision. The PETIT Firm can help you pursue the recovery you deserve.

Florida is a “no-fault” state for car accidents. The no-fault system determines your two main options for recovering compensation:

• Pursuing insurance benefits
• Initiating a lawsuit

The first option you have after a wreck is to file an insurance claim against your PIP (Personal Injury Protection) Insurance. Every Florida driver is required to carry this type of insurance, which requires you to pursue injury compensation from your own insurer — regardless of who caused the crash.

You will only be able to recover a portion of your medical bills and lost income under your PIP coverage. You will not be able to recover non-economic losses. You’re also limited to your policy limits.

If your losses exceed your policy limits or you’ve sustained a “serious injury” in the accident, you may be able to file a third-party insurance claim or lawsuit. In these cases, you will opt out of the no-fault system.

A lawsuit will give you the opportunity to recover full compensation from the at-fault party and/or their insurer. You will be able to recover all of your financial losses, including all of your medical expenses and loss of income. You will also be able to recover money for your non-economic losses like pain and suffering, mental anguish, and reduced quality of life.

An experienced car accident lawyer can help you identify who is at fault and ways to obtain compensation after your crash.

The Most Common Causes of Accidents in Florida are:

• Distracted Driving
• Under the influence of Drugs and Alcohol
• Fatigue or illness
• Speeding
• Following too closely
• Failing to yield the right of way

You might have more than one contributing cause in your accident. Our attorneys can help you determine each cause and responsible person or entity for your case.

Having the right attorney to manage your case is critical to get the outcome you deserve.

It’s highly important to make sure your attorney has:

• Sufficient legal experience to undertake your claim, including courtroom experience. Ideally, your lawyer should have experience with the exact type of car crash you experienced.
• A strong track record of recovering compensation for their clients.
• Enough time and assets to dedicate to your claim.

We have the skills to put you in a position to secure maximum compensation.

Insurance companies are businesses interested in their profits and shareholders. They will go to great lengths to minimize the value of your claim. Accordingly, you should be cautious when you deal with them.

You should take the following precautions with the insurance companies:

• Never agree to give a recorded statement, even if the adjuster says it is a requisite to process your claim. The insurer will ask questions designed to trip you up and then try to use your answers to devalue your claim.
• Do not agree to sign a medical records release. They will ask you to allow them to search your medical records related to the accident. What they really want to do is examine them for “pre-existing injuries.” If they find one, they will try to claim the accident did not cause your injuries or only made them worse.
• Let your lawyer negotiate with the insurance company. In reality, you should let us take care of all communications and interactions with the insurance company. They can save you from saying or doing things that will hurt your claim later on.

You don’t have to go through the process by yourself. Let The PETIT Firm negotiate your and resolve your claim.

Most car accident claims are based on negligence.

Negligence means that a person failed to exercise reasonable care and injured another one.

Negligence entails proof of:

• Duty – You will have to prove the other driver owed you a duty of care. All drivers owe this to other drivers, passengers, and road users to drive safely and follow traffic rules.
• Breach of Duty – You will have to show the defendant violated their duty of care. That they didn’t act like a “reasonable person.” For example, the other driver might have breached this by following too closely or speeding.
• Causation – You will have to prove that the other driver caused your crash. You must provide evidence showing the crash wouldn’t have happened had it not been for the defendant’s behavior. You must also show your harm suffered was foreseeable.
• Damages – That you suffered some damage as a result of the breach of duty. This includes medical care, hospital expenses, physical and mental harm, property damage, etc.

You must prove each element to win your case. Your lawyer will help you establish these with different types of evidence, including the accident report, medical information, eyewitnesses, and expert testimony.

If you or a loved one were injured due to someone else’s negligence, you shouldn’t have to go through this situation alone. Our accident attorneys will fight for you. Call The PETIT Firm for help proving your negligence claim. We pride ourselves in treating our clients like family.

PIP, or Personal Injury Protection, is part of the insurance that pays for medical and wage loss, regardless of who is responsible for the accident. In Florida, your PIP policy will cover up to 80% of your medical expenses and 60% of your lost wages, if not excluded.

Under Florida’s no-fault law, this policy will be your only recourse for compensation unless you suffer a serious injury (or your damages exceed your PIP coverage limits). If you were seriously injured, you can opt out of this system and make a claim against the responsible driver or their insurer.

You deserve an attorney who can help you with obtaining compensation while you focus on your recovery.

At The PETIT Firm we’ll use our skills, experience, and advocacy to help you get the recovery you deserve. We have over a decade of experience helping injured people.

Contact our office, to discuss your claim. We are available 24/7 to take your call.