Car Accident Attorney in Tampa, FL

Trusted Tampa Bay Car Accident Attorneys Fighting for Maximum Compensation

You don’t have to live in Tampa very long to realize how dangerous our roads and interstates can be. Unfortunately, car accidents happen every day. Motor vehicle accidents occur regularly at dangerous intersections like Bruce B. Downs Boulevard and Fletcher Avenue, and I-275 and I-4 Interchange (“Malfunction Junction”). But, no matter where or how your accident occurred, having a Tampa car accident attorney on your side is the best way to navigate the claims process.

Durham Law Group is dedicated to helping car accident victims navigate insurance companies to obtain the fair compensation they deserve.

Contact our Tampa car accident attorneys today to schedule a free consultation to learn more about how we can help.

Common Causes of Car Accidents in the Tampa Bay Area

Car accidents can happen at any time and any place in the Tampa area. Some of the most frequently reported causes of auto accidents include:

Distracted Driving

Distracted driving is the leading cause of accidents in Tampa Bay and Hillsborough County. Although Florida law mandates that drivers use hands-free devices, many motorists still engage in risky behaviors, including texting and driving. Looking down at the phone screen for even a few minutes often leads to rear-end collisions. In other instances, out-of-town drivers and tourists are distracted by their GPS or vehicle infotainment system. Other factors that contribute to distracted driving include eating, drinking, or paying attention to passengers.

Speeding and Aggressive Driving

Even with heavy traffic congestion in the Tampa area, many car accidents are caused by speeding or aggressive driving. While many drivers speed or drive aggressively on I-4 and I-275, these driving behaviors make it challenging to respond to stop-and-go situations or sudden lane changes. Aggressive driving, such as brake checking or weaving in and out of lanes, often leads to high-speed accidents resulting in serious injuries.

Impaired Driving (DUI)

Driving under the influence of alcohol, prescription medications, or recreational drugs is frequently cited as a cause of Tampa car accidents. Because of the heavy traffic congestion in the area, DUI-related accidents often result in severe or fatal injuries.

Other Common Causes of Tampa Car Accidents

Other common causes of area car accidents include:

• Failure to obey traffic laws, such as failing to yield the right of way or traffic lights
• Tourists and visitors unfamiliar with local roads
• Adverse road or weather conditions

If you have been injured in a car accident caused by someone else’s negligence, contact Durham Law Group today. Our Tampa car accident attorneys will assess your case and determine what legal options suit your needs.

What Every Driver Should Do Following a Car Accident

No one ever imagines they will be injured in a Tampa auto accident. Yet, car accidents are a daily occurrence in our area. So you must know what steps to follow should you be involved in a collision.

Specific steps you should take include:

• Remain at the accident scene and check yourself and others for injuries
• Call 911 to report the accident. If there are injuries, request that EMS be dispatched to the scene.
• Exchange identifying information with the other driver(s) involved in the accident. Be sure to take a picture of their driver’s license, license plate, and insurance card.
• Obtain the contact information of anyone who witnessed the accident.
• Seek medical attention as soon as possible, even if you do not think you have sustained injuries. Internal injuries are not always immediately apparent, and failing to seek medical care could result in life-threatening consequences.
• Do not agree to speak with the insurance company before hiring an experienced attorney. You should also refrain from posting any pictures or videos of the accident on social media.
• Contact a Tampa car accident attorney as soon as possible. Allowing a qualified attorney to deal with the insurance provider is the best way to try to recover compensation for your injuries.

Defending Your Case Against Aggressive Insurance Company Strategies

You should never agree to speak with the at-fault driver’s insurer without having legal representation. Insurance companies often try to get injury victims to make statements they can use against them to deny or reduce claims. Their legal teams also like to scour social media looking for evidence they can use against you. Our Tampa car accident attorneys understand the tactics insurance providers use and know how to build a compelling case that withstands legal scrutiny.

Understanding PIP Coverage After an Accident Caused by Another Driver

Florida operates under a “no-fault” insurance system, meaning no one is held responsible for the collision. Under the law, your own personal injury protection (PIP) insurance will pay for your medical expenses regardless of who caused the crash. This rule applies even if the other driver was 100% at fault for the car accident.

To recover compensation that pays your medical bills, you must file a claim under your policy’s PIP coverage. Your medical providers will bill your auto insurance first when seeking payment for their services. Florida law also mandates that insurance companies are prohibited from raising your premium if you file a PIP claim when you are not the at-fault party.

PIP Benefits

Most Florida PIP policies provide policyholders up to $10,000 in total coverage. It is worth noting that although PIP insurance covers some services, it does not pay for everything.

PIP coverage includes:

• Medical Expenses: Up to 80% of necessary expenses, including ER visits, diagnostic testing, surgeries, and physical therapy. You are responsible for the remaining 20% co-pay, which can be paid by your private health insurance or by pursuing a claim against the at-fault driver.
• Lost Wages: PIP pays up to 60% of the lost income or earning capacity of your injuries that prevent you from working.
• Death Benefits: In the event of a fatality, PIP insurance provides a $5,000 death benefit to help cover funeral and burial costs.

PIP may also pay for housekeeping or pet services that you cannot perform due to your injuries.

Key Legal Requirements and Time Limits You Need to Know

To use your PIP benefits, you must receive medical treatment within 14 days of the accident. If you fail to be examined by a medical professional within the 14-day window, you will forfeit your access to your benefits.

To receive the full $10,000 limit of your PIP coverage, a healthcare professional must officially diagnose you with an Emergency Medical Condition (EMC) with symptoms that could significantly jeopardize your health. If you are not diagnosed with an EMC, your PIP benefits are capped at $2,500.

Pursuing a Third-Party Liability Claim for Full Compensation

Many clients ask us how they can pursue compensation for their remaining medical bills and pain and suffering after they have exhausted their PIP benefits. Florida law only allows car accident victims to recover non-economic damages, such as pain and suffering, loss of enjoyment of life, or emotional distress from the negligent driver, if their injuries meet the state’s “serious injury” threshold.

To qualify for non-economic damages, you must present medical records and expert medical testimony that proves the accident caused one of the following:

• A permanent disability, which may include spinal cord or traumatic brain injuries, herniated discs, or joint damage.
• Significant and permanent loss of a major bodily function. Examples include, but are not limited to, blindness in one or both eyes or loss of a limb.
• Permanent disfigurement and scarring.
• Wrongful death

It is only when you have reached Maximum Medical Improvement (MMI) and your injuries have stabilized that your attorney will submit a formal demand to the at-fault driver’s insurance company. The insurance adjuster will review the case and either make a settlement offer, negotiate, or deny the claim.

Economic and Non-Economic Damages

Depending on the circumstances of the case, you may be able to recover economic and non-economic damages. Economic damages reimburse you for financial losses such as:

• Past and future medical bills
• Lost wages
• Loss of earning capacity
• Property damage

Non-economic damages are awarded as compensation for intangible losses that do not have a set financial value. Some of the most commonly awarded non-economic damages in personal injury cases include:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Permanent disfigurement and scarring

How to Strengthen Your Claim for Medical Expenses and Pain and Suffering

Contrary to what is portrayed in the media, insurance companies are more committed to protecting their profitability by looking for ways to deny claims. Even so, together you and your attorney can gather critical evidence that supports your claim for payment of additional medical expenses and pain and suffering damages.

Gather Evidence

One of the most important steps you must take is to gather evidence that supports your claim. Critical evidence includes the official police report, photos, and videos of your injuries and vehicle damage. Other evidence includes witness statements and dashcam footage, if available.

Maintain Accurate Records of Medical Expenses

Keep an accurate record of your medical bills and other related expenses. You should also keep any paperwork sent to you by the insurance company, such as an Explanation of Benefits (EOB) and all receipts for out-of-pocket expenses you have paid due to your injuries. Examples include money paid out of prescriptions or medical devices.

Document Lost Wages

Documenting your lost wages is an essential step when seeking financial compensation. Ask your employer to complete a “Lost Wages Verification” form and gather all recent pay stubs and tax returns that prove your earnings.

Document the Impact on Your Mental Health

Because emotional distress and PTSD do not show up on X-rays or other diagnostic testing, many insurance companies will argue that these types of injuries are exaggerated. One of the most effective ways to show how the crash has impacted your mental health is to seek treatment from a licensed professional. Seeking treatment immediately creates a paper trail and legal documentation that can be used to maximize your damages. You should also keep a journal documenting how your life has changed since the accident, such as being unable to perform routine tasks or enjoy hobbies you used to enjoy.

How Partial Fault Can Impact Your Car Accident Claim

Florida follows a modified comparative fault doctrine, also referred to as the 51% bar rule. Under this rule, accident victims are barred from seeking damages if they are 51% or more at fault for causing the crash. Even though those who are 50% or less at fault may seek financial compensation, any recovery they receive will be reduced by their assigned percentage of fault.

For example, suppose you are trying to merge onto I-275 at the I-4 intersection (Malfunction Junction). Your turn signal does not work as you move across the lanes, and another vehicle exceeds the speed limit and hits you. After the insurance company conducts an investigation, they determine that the at-fault party is 80% at fault, but also assign you 20% fault due to your turn signal not working. If you are awarded $50,000, your compensation will be reduced by 20% ($10,000), and you will receive $40,000 for your final total.

Insurance companies try to use state laws to their advantage by arguing that claimants share a high degree of liability, thereby reducing or denying claims. That being the case, you must have a skilled Tampa car accident attorney on your side who will build a case that mitigates your share of fault while working to maximize your damages.

Time Limits for Filing a Florida Car Accident Claim

If you were injured in a car accident, it is important to understand the strict deadlines that apply when filing a claim. Aside from the 14-day time limit that you have to seek medical treatment to obtain PIP benefits, there are other filing deadlines you should be aware of:

Personal Injury

If you are considering filing a third-party liability lawsuit against the at-fault driver, you have two years from the date of the crash to pursue compensation. You should be aware that filing an insurance claim is not the same as filing a lawsuit. Under Florida law, the two-year statute of limitations clock continues even if you are trying to negotiate a settlement. If negotiations continue past the two-year mark, you will lose your legal advantage to sue the insurance company.

Claims Against a Government Entity

If the accident involved a government-owned vehicle, such as a county truck, school bus, or transit bus, the claims process differs significantly from that for privately owned vehicles. The first step is to file a formal notice of claim with the responsible government agency within 3 years of the date of the accident.

Once the notice has been served, state law stipulates that a 180-day investigative period be granted to review the claim. Under the law, you are prohibited from filing a formal lawsuit until the 180-day period has concluded or your claim is officially denied.

Property Damage Claim

If you were involved in a Tampa auto accident but are only seeking compensation for property damage, you have up to four years from the accident date to file a claim.

If you are seeking compensation for medical bills and other accident-related expenses, it is best to hire a personal injury attorney. A Tampa car accident attorney can ensure that all claims are filed promptly and that you do not miss any critical deadlines.

Key Questions Tampa Families Ask Attorneys After a Tragic Loss

One of the most tragic consequences of Tampa car accidents is the loss of human life. Speeding drivers on I-4 and other area roads often lead to high-speed crashes that end in fatalities.

If you have lost a loved one due to a car crash, you may be eligible to file a wrongful death claim. Even so, there are specific factors that you should be aware of before pursuing legal action.

Who Can File a Florida Wrongful Death Claim

Many families incorrectly assume that any immediate relative, such as a surviving spouse, adult child, or parent, is eligible to file a claim. But, under the Florida Wrongful Death Act, only the personal representative who oversees the deceased’s estate is allowed to file a wrongful death lawsuit.

If the deceased left a will, the individual named as the personal representative can file. But if there is no will, a judge will have to appoint someone, often the surviving spouse or adult child, to act in this capacity.

While only the personal representative can file the claim, they do so on behalf of all eligible family members and the deceased’s estate.

Family Members Eligible to Receive Compensation

If any damages are awarded, compensation is distributed to specific survivors. Those family members who qualify include:

• Surviving spouses
• Minor and adult children
• Parents of the deceased
• Any blood relative or adopted sibling who was partially or totally dependent on the deceased for services or support

Under Florida’s strict statute of limitations, families have two years from the date of the person’s death to file a wrongful death claim. As with any other accident claim, failing to pursue compensation before the time limit expires can result in the case being dismissed.

Start Your Car Accident Claim with Durham Law Group Today

No one ever wants to deal with the legal complexities involved with filing a car accident claim. Durham Law Group is a personal injury law firm that is committed to helping clients navigate the claims process. Our Tampa car accident lawyers are ready to help you with your injury claim so you can focus on your recovery.

Contact our Tampa law firm today at 813-333-6250 to schedule a free initial consultation.