How Can a Tampa Car Accident Attorney Help?
If you or a loved one has been injured in a car accident, it is
essential to speak with an attorney before filing an insurance claim or
discussing the accident with anyone other than your physician. It is
important to remember that anything you say may be used against you in
future negotiations. After listening to your account of the accident,
your attorney can help you file an insurance claim with the other
driver’s insurer and speak to the company on your behalf.
What if My Initial Claim is Denied or Inadequate?
Before filing an insurance dispute claim or negotiating with the
insurance company, your attorney will gather evidence regarding the
accident. Your attorney’s investigation may include:
- Reviewing medical records from treatment you received after the crash;
- Reviewing police reports, crime scene reports and photographs of the scene;
- Interviewing witnesses;
- Using traffic camera footage, if available;
- Investigating the history of the other driver;
- Obtaining a recording of the 911 call;
- Examining photos of your car before and after the accident;
- Reviewing cell phone records; and
- Reviewing specific information and history on the vehicles involved.
Your attorney will use this information to create a claim that shows
the other driver was at-fault for the accident and is therefore
responsible for your losses. Insurance companies will want to limit
their payout and, in many cases, will offer an amount that does not
adequately cover your losses. If this is the case, your attorney will
negotiate with the insurance company on your behalf. If negotiations are
unsuccessful, your attorney will determine whether you may be able to
collect compensation by filing a lawsuit against the insurance company
and other parties involved in the crash.
What You Need to Know about PIP
If you do not seek medical treatment within fourteen days of the
accident, PIP generally will not cover any of your medical bills. If you
have suffered an “emergency medical condition,” PIP will generally pay
for 80% of your medical expenses and 60% of lost wages, subject to the
limitations of the policy. If you have not suffered an emergency medical
condition, your PIP benefits are generally capped at $2,500.
An emergency medical condition is defined as a medical condition that
requires immediate medical attention and could reasonably be expected
to result in serious jeopardy to the patient’s health. Our car accident
attorneys can help you complete all necessary paperwork so that you
receive the PIP benefits to which you are entitled following an
accident.
Your Right to Sue
Our car accident attorneys may be able to help you file a personal
injury lawsuit against the at-fault driver. A car accident lawsuit will
provide you the opportunity to seek compensation in addition to the
benefits provided under your PIP policy; however, you must have suffered
serious and permanent injuries to be eligible to file a claim. Examples
of serious and permanent injuries may include:
- Traumatic brain injuries
- Back and spinal cord injuries
- Paralysis
- Disfigurement or permanent scarring
- Amputations
- Broken bones
The insurance company may attempt to categorize your injuries as
temporary and non-serious in nature. Our Tampa car accident attorneys
can collect supporting evidence to establish that your injuries are
serious enough to qualify you for additional compensation through a
personal injury lawsuit.