July 21, 2022

Car wreck lawsuit guide your rights
Car accident, Legal

Car Wreck Lawsuit: A Complete Guide to File Your Claim

When an insurance company refuses to pay what your injuries are worth, a lawsuit may be the path to the compensation you deserve. But filing a car accident lawsuit in Florida is not as simple as deciding you want to sue, there are thresholds to meet, a strict deadline, and a process to follow. Here is a clear guide to how a car accident lawsuit works, and when you actually need one. The Reyes Firm Considering a Car Accident Lawsuit in Tampa? Find out if you have a case before the deadline runs. Had a bad day? Contact Us Now 2 Years Deadline to file your lawsuit Fla. Stat. § 95.11(5)(a) Threshold Serious injury needed to sue for pain and suffering Fla. Stat. § 627.737(2) 50% Bar Over half at fault means no recovery Fla. Stat. § 768.81 Most Settle The majority of cases resolve before trial What to expect Florida sees hundreds of thousands of traffic crashes every year, according to the Florida Highway Safety and Motor Vehicles, and a large share of them cause injuries. Most of those injury claims are resolved through insurance without anyone ever setting foot in a courtroom. But when an insurer will not offer a fair amount, or denies a valid claim outright, a lawsuit becomes the tool that holds the at-fault party accountable. Understanding how that process works helps you know what to expect and when to act. What is a car accident lawsuit, and when do you need one? A car accident lawsuit is a civil case you file in court against the party who caused your crash, asking a judge or jury to award the compensation you are owed. This is different from the insurance claim that resolves most accidents, where you negotiate with an insurance company for a settlement. A lawsuit is the step you take when that negotiation fails. You generally need a lawsuit when the insurance company refuses to offer a fair settlement, denies your claim, or disputes who was at fault, and when your injuries are serious enough to justify going to court. For a full picture of the insurance side that comes first, see our guide to how auto accident claims work. This article focuses on what happens when a claim becomes a lawsuit. When can you file a car accident lawsuit in Florida? Florida is a no-fault state, which affects your right to sue. After a typical crash, your own Personal Injury Protection coverage pays for a portion of your medical bills and lost wages regardless of who was at fault. To step outside that no-fault system and sue the at-fault driver for pain and suffering, your injury generally must meet a serious-injury threshold. Under Florida Statute § 627.737(2), that threshold includes a permanent injury, significant permanent scarring or disfigurement, significant and permanent loss of an important bodily function, or death. If your injuries meet it, you may pursue a lawsuit for the full range of damages, including pain and suffering. If they do not, your recovery is generally limited to what no-fault coverage provides. 💡 Did You Know? In Florida’s no-fault system, you generally cannot sue the at-fault driver for pain and suffering unless your injury meets a serious-injury threshold, such as a permanent injury under § 627.737(2). This is one of the biggest differences between a routine insurance claim and a car accident lawsuit, and it is why documenting the severity of your injuries matters so much. How long do you have to file a car accident lawsuit? Not long, and the deadline is strict. Under Florida Statute § 95.11(5)(a), you generally have two years from the date of the crash to file a lawsuit founded on negligence, which includes most car accident cases. This deadline was shortened from four years to two years for crashes governed by the law change that took effect in March 2023. This deadline, known as the statute of limitations, is separate from any insurance claim deadlines. If you miss it, the court can dismiss your case no matter how clearly the other driver was at fault or how serious your injuries are. Because building a lawsuit takes time, waiting until the deadline is near puts your entire case at risk. ⚠️ Deadline Warning: Under § 95.11(5)(a), you generally have two years from the date of your crash to file a car accident lawsuit in Florida, reduced from four years in March 2023. Once that deadline passes, your right to sue is generally gone for good. Speak with a lawyer as early as possible so there is time to investigate and file properly. What are the steps in a car accident lawsuit? A lawsuit moves through several stages, and most cases settle at some point along the way rather than reaching a verdict. Understanding the sequence takes the mystery out of the process: Filing the complaint. Your lawyer files a document with the court that names the defendant, describes the crash, and states what you are seeking. The defendant is then formally served. The answer. The defendant responds to the complaint, usually through their insurance company’s lawyers, admitting or denying the allegations. Discovery. Both sides exchange information and evidence through document requests, written questions, and depositions, which are recorded interviews under oath. This is often the longest phase. Mediation. The parties meet with a neutral mediator to try to settle. Many cases resolve here, once both sides see the strength of the evidence. Trial. If no settlement is reached, the case goes to trial, where a judge or jury decides fault and damages. Because the process before a lawsuit is filed matters just as much, our guide to what happens during the pre-suit phase explains the groundwork that comes first. How is fault decided in a car accident lawsuit? Fault is the heart of most car accident lawsuits, and Florida decides it using comparative negligence. Under this system, each party is assigned a percentage of fault, and your compensation is reduced by your share. If you

Legal

Rollover Accident Lawsuit 2022: How to File Your Claim

Rollover car accidents in Florida are becoming more common these days. Therefore, if you or anyone you know have been in an unfortunate rollover accident, filing a rollover accident lawsuit is your best course of action. It is vital to know your legal rights and get compensation for the injuries and damages you suffered due to the rollover accident. The top lawyers help victims get fair settlements after rollover accidents. They ensure that you will receive the maximum claim you deserve. The most common reasons for rollover car accidents in Florida  Rollover car accidents in Florida happen because of various factors linked with the driver’s behavior, their vehicle, and the other aspects of the road. Therefore, it becomes important to effectively follow traffic laws to get rid of such deadly accidents. Everyday objects on the road can also lead to rollover accidents. It includes: Collisions with other vehicles. Guard rail impact. Hitting the curbs. Potholes in the road. Steep slopes. Straying into a soft shoulder. Uneven road surfaces. The human factors Unfortunately, the most common cause of rollover accidents is a human factor. For instance, SUVs are more prone to rollover accidents even without tripping. This is due to the bad combination of being heavier and taller with a higher center of gravity. You can file an SUV rollover lawsuit due to the following reasons. Design of the vehicle: SUVs are more likely to roll over accidents due to the differences in design between automobiles and SUVs. SUVs have a higher death rate than vehicle rollovers. Pickup truck rollover accidents are also prone to accidents. The fact that SUVs are taller vehicles with a greater center of gravity is one of the many factors that contribute to rollover accidents involving SUVs and pickup trucks. The vehicle’s weight is distributed more evenly higher off the ground. In SUVs, rollover accidents are more common because of the bigger profile. Additionally, SUVs and pickup trucks are frequently used in rural areas, where the road conditions contribute to these accidents. In such cases, you should find the top rollover accident lawsuit attorneys that can help you throughout the whole procedure of the case. Condition of the road: The majority of rollover collisions occur when the driver loses control of the car. As a result, it leads to rollover accidents when the car slides to the side, collides with something, and trips. In addition, your vehicle will run the risk of hitting a curb, a tree, or uneven ground. Lack of road maintenance becomes a hazard for individuals. Negligence of the driver: The behavior of the driver greatly contributes to a rollover crash. For instance, if the turning radius is small at a high speed, or even if you take a turn too sharply, your car may roll over. Therefore, negligent behavior of the driver, such as driving under influence, distracted driving, and speeding can lead to peril for the driver along with the passengers. Among all the rollover accidents, not all accidents occur due to the impact. There are various factors that lead to a rollover. Some include the manufacturing of a vehicle, such as most sport-utility vehicles that have a higher center of gravity. As a result, it makes them more prone to tipping over. Poor maintenance of vehicles is also a common reason for severe accidents. Due to the defective tires, there are higher chances of your vehicle losing its balance and rolling over due to the defective tires. Skilled and experienced lawyers will help you get a fair rollover accident settlement amount for all your losses and injuries. Common possible injuries from a rollover accident  A rollover accident can lead to various injuries based on multiple factors. External factors: the speed of the vehicle involved in the collision and the point of impact. Internal factors: whether the airbag is installed in the vehicle or the seat belts were worn or not. Here are the most common injuries from rollover accidents: Broken bones. Burns. Chest or rib damage. Concussions. Lacerations. Traumatic brain injury. Spinal cord damage. Skull fractures. Seat belt restraint injuries. Internal organ damage. Rollover accident statute of limitations in Florida  The statute of limitations is the law that fixes a time limit on your right to file a compensation claim for a rollover accident. However, if you miss the deadline that is set by Florida law, you won’t be able to file your rollover accident lawsuit. The Florida court system will dismiss your case, unless some rare exception applies to extend the deadline. In most cases, the victims have four years, beginning from the date of the crash, to get their car accident case started in the Florida court system. You can also take professional assistance from a highly experienced rollover accident lawyer to get a comprehensive overview of your case. Compensation for rollover accidents in Florida No doubt, Florida is a no-fault state. It means that after an accident, both the parties seek compensation from their auto instance provider unless the injuries from the accident reach a certain threshold. For example, in Florida, drivers must have at least $10,000 worth of personal injury protection. However, if you have suffered serious and permanent injuries, you are eligible to file a rollover accident lawsuit in 2022. In addition, you can also file a rollover accident lawsuit against more than one defendant (i.e. filing a lawsuit against the manufacturer of the vehicle and the negligent driver that caused the rollover accident in Florida. For this, you need the professional assistance of the top rollover accident lawyers. Compensation for economic damages Past and current medical expenses. Future medical expenses. Home healthcare services, including physical therapy. Loss of current wages. Future loss of wages, including the retirement contributions. Cost of lost services. Property damage. Child care expenses. Compensation for non-economic damages Disfigurement. Mental anguish. Pain and suffering. Physical impairment. All you need to do is look for a qualified rollover accident attorney with extensive experience in getting rollover accident lawsuits. They will provide you with a complete overview including the latest updates on the lawsuit. Reach out to The Reyes Firm today From auto accidents and

Legal

An Overview to Win Your Bus Accident Lawsuit | 2022 Facts

Buses are large and heavy vehicles on the road that carry a considerable accident risk – regardless of whether or not the vehicle is a school shuttle, city tour bus, or everyday public transit. Filing a bus accident claim with the professional assistance of top lawyers is the first step to finding out your legal rights. Additionally, for grieving families, the trauma of losing their loved ones is permanent. However, bus accident claim lawyers are dedicated to ensuring victims and their families who have lost their loved ones receive the compensation they need to aid in the financial impact these types of collisions have. Causes of a bus accident Negligence of the bus company: The bus company’s negligence is a common cause of accidents. Although the sector is regulated, bus inspections and record-keeping regulations are not as severe as those in the aircraft industry. Many business bus fleets are outdated and don’t have seat belts and other safety measures. Poor maintenance or insufficient driver training may lead to a bus accident.  Negligence of the bus driver: Sometimes the laws governing bus drivers are evaded. Hours of service laws that limit how long a driver can be on the road and specify mandatory breaks; bus speed, and turning and passing protocols are examples of these. Driving under the influence of alcohol or drugs is extremely dangerous and illegal. Mobile phone conversations or texts may cause a driver to get distracted. Driver drowsiness, which is frequently induced by obstructive sleep apnea, puts drivers at 2.5 times the risk of a highway accident than other drivers. In such cases, filing a driver’s negligence accident claim will help you win maximum compensation for your case.  Weather or road conditions: Although hazardous weather or road conditions don’t frequently result in bus accidents, they might worsen due to the weight and difficulty to manage the bus. Bus drivers need to be properly trained to operate the vehicle in all weather conditions. Nevertheless, they should take safety precautions, such as reducing speed when the weather is bad. Injured in a Florida bus accident? Victims of bus accidents may find it difficult to maintain their standard of living after the incident, which can be isolating and depressing. However, the bus accident victims feel excluded or unsupported when they resume their normal lives after a crash because they are not alone in their problems. Of all the states in the country, Florida has the most registered buses. This is the foremost reason why bus accidents are increasing in Florida. Those who face these tragic experiences shouldn’t worry that their situation would make them an outcast. A knowledgeable bus accident claim attorney will prove to you proven strategies to win your lawsuit. Things to do after your bus accident Emergency response: After your bus accident, it is the responsibility of the bus staff to contact the emergency services if they are in the right state. If not, you need to seek medical advice from your doctor or call 911. Report your accident: A distracted driver, malfunction of the vehicle, another driver, and/ or a pedestrian on the road are some of the cases of a bus accident. Therefore, filing a bus accident lawsuit will help you get fair compensation to report the incident.  Documentation: Gather evidence of your bus accident by taking photographs, and capturing videos. You can also take professional assistance from the police to gather evidence of your bus accident. It will help you get the maximum bus accident settlement amount by making your claim stronger.  Witnesses: If you are in a condition to do so, you should also gather the names along with contact information of other passengers on board, the driver, and any other person who may have been a witness to the incident. Write all the things: As the information is still fresh, you are advised to write up a self-report such as the information you may remember from the accident, the road and weather conditions, and more.  Nevertheless, you need to collect as much information as possible immediately as memories tend to fade with time. It will help you get a fair bus accident settlement in 2022 with a hassle-free procedure. However, some injuries, such as ones to your spine, back, and the brain develop over time. Therefore, take immediate medical help to keep any documentation to help you in making a valid claim and receiving the full bus accident compensation claim.  Compensation from a bus accident lawsuit According to the extent of your injuries and the circumstances surrounding the bus crash, you are eligible to recover the damages for injury-related costs, including:  Blood work or blood transfusions. Doctor’s visit. Hospital stays.  Imaging tests, such as CT scans, X-rays, and MRIs). Lost wages.  Loss of consortium.  Therapy and rehabilitation. Medical devices, such as crutches, wheelchairs, and more.  Medication expenses.  Pain and suffering.  Surgeries.  Factors that impact your bus crash settlement There is no average bus accident settlement as each case has different specifics that determine your damages. But the size of your bus accident settlement claim will be influenced by three primary factors:  The severity of your injuries. Insurance policy. The person that is liable for the bus accident. How to find the right bus accident lawyer? Before fixing your search with any of the lawyers, you need to ask certain questions to file your bus accident claim in Florida. It includes: Do you have experience dealing with bus accident lawsuits?  Do you take time to walk with your clients to explain your options honestly?  Do you have proper time to handle my bus accident lawsuit? Do you have any experience negotiating and litigating large bus accident cases? How do you get paid? Consult with The Reyes Firm  If you or anyone you love has been harmed by a bus accident, or any other type of personal injury, reach out to The Reyes Firm. We have a team of reputed bus accident lawyers in Florida who will provide you with legal advice and produce a strong lawsuit. We will help you determine if the bus driver, bus company, or another entity was careless. You can call us at (833)422-3329

Legal

Everything You Need to Know About Self-Driving Car Accident Lawsuit

Since the death of Elaine Herzberg, the first pedestrian killed by a self-driving car, there have been over 400 crashes involving vehicles with the partially autonomous driver assistance system as per the new report from US car-safety regulator. Undoubtedly, technology has left us amazed with its continuous advancements but sadly it has its demerits. One such advancement is self-driving cars. Collins or fatalities are occurring at an alarming rate. More cases related to self-driving cars led to the self-driving car accident lawsuit in 2022. The article tries to state everything you must know about the lawsuit against self-driving car accidents. The article will help you to understand the legal nuances before filing any self-driving car accident lawsuit. Who is responsible for an accident with a self-driving car? There are several factors that decide the fault in an accident that involves a driverless vehicle. It commonly involves one of the following: The operator behind the wheel of a partially autonomous vehicle. The human driver of a regular car. The manufacturers, producers, or the designers of the self-driving vehicle. However, according to the self-driving car accident attorney, fault in a car accident can fall on multiple parties. For instance, if more than one person or a group is responsible for causing an accident, a jury can decide what percentage of fault each party has. Kindly note that in most cases, a self-driving car accident is generally caused due to negligence. It becomes a duty of the drivers to keep a lookout for other vehicles and pedestrians. The failure to use adequate care while driving such vehicles which further causes an accident is negligence. The plaintiff must prove the following before filing a self-driving car accident lawsuit. When the defendant owed the plaintiff a duty of care. When the defendant breaches the duty of care via negligence. Harm or death is caused by the defendant’s negligence. In the case the jury finds the defendant to be negligent, then the defendant may be liable to pay for the damages or injuries to the plaintiff. What type of compensation can I receive? In such types of lawsuits, the injury victim files a claim for damages. Both economic and non-economic compensation. The sole purpose behind such compensation is to take back the victim to the original position they would have been in if the accident had never happened. The type of damages in a car accident involving a self-driving car includes- Costs incurred in legal formalities. Damage to vehicle. Impact and loss of future earnings. Loss of a limb. Medical treatment. Mental pain or suffering. Physical therapy. In some of the cases of self-driving car accident lawsuits, punitive damages are also available which are also known as exemplary damages. Such damages are available in cases where the defendant is engaged in especially bad behavior. Can the family file a lawsuit in an accident? If someone gets killed in an accident involving a self-driving car, the victim has no other option but to hold the parties accountable for the actions. The family members can file a lawsuit with a self-driving car accident attorney to ensure that the responsible individuals must have the answer to their questions. Following family members can file a self-driving car accident lawsuit and claim the damages: Spouses. Partners. Children. Grandchildren, if children are deceased. Anybody else who is entitled to the property of the deceased under the Florida laws.  Damages in the wrongful death lawsuit must compensate the family for the losses caused due to the death of the loved one which includes-  Burial costs. Funeral costs. Loss of financial support. Loss of support, affection, and companionship. How to prove who was responsible for the accident?  Each party involved in the accident must have different stories about what happened at the place of the accident. Self-driving accidents are quite complicated because it could be unclear if the driverless vehicle system was responsible for the accident. The self-driving car accident claim requires investigation by the insurance company and the lawyers of both parties. During self-driving car accidents, the investigation requires the experts to review the accident evidence and complete data about what exactly happened at the place of the accident. Remember, your self-driving car accident attorney will investigate the case and have the expert engineers check the case. Such an expert provides expert opinion about the cause and other details of the accident. Rules of self-driving cars Drivers may find it difficult to determine who is responsible for an accident and what procedures must be followed for the sufferer to recover given all the different levels of automated driving. In the case of a self-driving car accident lawsuit, the specifics of each case’s facts will determine the responses. The person operating the automated vehicle can try to shift blame for the collision by claiming that since the manufacturer of the vehicle designed the automated system, they should be held accountable for the victim’s injuries. Although the case for the manufacturer’s liability may change in the future to include tech behemoths like Tesla and Google in the cost of accidents brought on by their vehicles, the more persuasive case has been made that the human driver of the vehicle was at fault.        A self-driving car accident attorney can help you Attorneys understand the impact of an accident on somebody’s life. Events with your family and time spent with friends could be missed. An expert auto accident lawyer may be needed as soon as feasible to recover all your losses and injuries.  Self-driving car accident lawsuits can get a little complex to handle and manage the legal formalities. To keep a higher chance of winning, you need the services of professional and expert attorney services. Just sit back and relax because the best and most professional attorney services are not far away from you. Contact the Reyes Firm today  If you get long-term or permanent injuries, your employment prospects will be diminished for the rest of your life. As a result, you won’t be able to receive your income. To recover maximum compensation from your

Maximize your Uber accident compensation
Legal, Settlement

How Much Compensation Can I Get from Uber Accident Lawsuit 2026

What You Need to Know No reliable average Uber accident settlement can tell you what your Florida claim is worth. Your injuries, treatment, lost income, future needs, and fault all shape your claim. Florida requires at least $1 million in primary liability coverage during a prearranged Uber ride. Your claim may involve the Uber driver, another driver, and more than one insurance company. Florida generally gives you two years to file a negligence lawsuit, so do not wait. Had a bad day? Call The Reyes Firm at 833-4 BAD DAY ((833) 422-3329) You climbed into an Uber or Lyft expecting a simple ride home. Then the crash happened, and now you’re hurt, staring at medical bills, and wondering who is even responsible when the car wasn’t yours and the driver works for an app. Before you accept any number an insurer floats, here’s how Florida rideshare compensation actually works. If you are trying to understand your Uber accident settlement options in Florida, start with the coverage that applies and the losses you can prove. The Reyes Firm Hurt in an Uber or Lyft Crash in Tampa? Find out what your rideshare claim is really worth. Had a bad day? Contact Us Now $1M Uber/Lyft coverage during a ride Fla. Stat. 627.748 14 Days Start PIP treatment Fla. Stat. 627.736 50/100/25 Primary liability, app on, no ride yet Fla. Stat. 627.748 2 Years Florida injury filing deadline Fla. Stat. 95.11 What is the average Uber accident settlement in Florida?? No reliable average Uber accident settlement exists in Florida. Your claim depends on your injuries, treatment, lost income, future needs, fault, and the insurance available. Minor injuries and serious injuries can produce very different results, and a number from a website cannot account for your records. What makes rideshare cases different from an ordinary car accident is the layered insurance and the multiple parties involved. There may be the rideshare driver, another at-fault motorist, the rideshare company’s policy, your own PIP, and uninsured motorist coverage, all interacting. Sorting out which one pays, and in what order, is where the real value of your claim is won or lost. ⚠️ Deadline Warning: Under Florida Statute § 95.11, you generally have two years to file a negligence lawsuit after a crash. Rideshare trip records, app data, and dashcam footage can be lost quickly, so the sooner you act, the more evidence survives. Do not wait to call a lawyer. Whose insurance pays after a rideshare crash? The answer depends almost entirely on what the driver was doing on the app when the crash happened. Florida’s rideshare law, Florida Statute § 627.748, was created in 2017 and sets a tiered insurance system for Transportation Network Companies like Uber and Lyft. There are three periods that matter. When the app is off, only the driver’s personal auto insurance applies. When the app is on but the driver has not yet accepted a ride, Florida requires primary liability coverage of at least $50,000 per person and $100,000 per crash for bodily injury, plus $25,000 for property damage. PIP and uninsured and underinsured motorist coverage are also required. Once the driver accepts a ride and through the moment the passenger is dropped off, the company must carry at least $1 million in primary liability coverage. One important catch many drivers never realize is that most personal auto policies exclude rideshare, or “livery,” use, so during active work periods the rideshare company’s policy is often the real source of coverage. If someone else booked your Uber or Lyft ride, you may still have a claim. If you were riding with Lyft, read our guide to Lyft accident settlement amounts. 💡 Did You Know? Under Fla. Stat. § 627.748, the rideshare policy must also include PIP and uninsured and underinsured motorist coverage during a prearranged ride Watch: How are Uber and Lyft accident claims paid in Florida? This short overview explains the three coverage periods and what they mean for your payout. If your situation doesn’t fit neatly into one period, that’s normal, and it’s exactly the kind of question The Reyes Firm answers for free at 833-4 BAD DAY. What types of compensation can you recover after an Uber accident? A complete rideshare claim is built from several categories of damages, not one lump number. Depending on your case, you may be entitled to recover the following. Property damage, covering repair or replacement of your vehicle and any personal property damaged in the crash. Medical bills, covering emergency care, hospital stays, surgery, imaging, rehabilitation, and future treatment your injuries will require. Keep every bill and record. Lost income, covering the wages you missed during recovery and, in serious cases, your reduced ability to earn going forward. Where an injury changes your career, lost earning capacity can become a major part of the claim. Pain and suffering, covering the physical pain, emotional distress, and life disruption the crash caused, weighed by the severity and length of your recovery. Wrongful death damages, available to surviving family members under Florida’s Wrongful Death Act (Fla. Stat. § 768.21) when a rideshare crash takes a loved one. The Reyes Firm also handles these as wrongful death cases. Does not wearing a seatbelt reduce your settlement in Florida? Yes. Florida recognizes the “seatbelt defense.” This means an insurance company or defense attorney may argue that not wearing a seatbelt contributed to your injuries. However, they must show that your failure to wear one caused or made your injuries worse. If proven, your compensation may be reduced under Florida’s comparative fault rules. That does not mean an unbelted passenger gets nothing. It means the defense will try to shift blame onto you, and a skilled rideshare attorney pushes back, separating which injuries were actually caused by the crash itself versus what the defense claims. How that argument is handled can swing the value of your case significantly. 🛡️ Your Rights Under Florida Law: Under Florida Statute § 768.81, your compensation is reduced by your share

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