Located on Florida’s Southwest coast, Port Charlotte is known more for its man-made waterways and water-based activities than for its traffic, but in 2023, Charlotte County, where Port Charlotte is located, reported 5,678 crashes, which led to 3,318 injuries and 47 deaths.
If you were involved in a car accident in Port Charlotte that wasn’t your fault, one of the best ways to get compensation for medical bills and other losses is by filing a car accident claim.
That said, the laws relevant to car accident claims in Florida can be complicated. If you’re thinking about filing a claim, you may need to seek assistance from a qualified attorney. Learn more about the laws and process of filing a claim and how a Port Charlotte car accident lawyer can help.
The Car Accident Claim-Filing Process
To file a car accident claim in Port Charlotte:
- Document injuries and damages by taking pictures of car damage and the accident as a whole at the scene. Also, hold on to any medical documents related to your injuries.
- File a police report by calling the authorities and cooperating with their investigation. The cops will file an incident report.
- Notify your insurance company that you were in an accident within 24 hours of the crash.
- Gather evidence like crash scene photos, medical documentation, and your police report to submit with your claim.
- Seek legal advice from a car accident attorney. You can often get a free case evaluation, which will guide you on your next steps, including whether you should hire a lawyer.
Record-breaking trial attorney Chad K. Florin, says “It’s best to reach out to a car accident lawyer soon after the crash because there are many things that can make your case significantly stronger, affecting your overall compensation. For example, getting a medical evaluation as soon as possible after the accident is critical for your recovery and your insurance coverage.”
The Importance of Hiring a Car Accident Lawyer
Having a car accident attorney’s expertise throughout the claims process can result in much more compensation and much less stress in the long run.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
If you were injured in a car accident caused by someone else, you may be eligible to file a claim against the at-fault driver’s insurer, but the insurance company has no incentive to pay you the compensation you’re owed—especially if your injuries were severe and cost you a lot.
It can be intimidating and difficult to go up against an insurance company’s attorneys, especially if you’re not sure how much you can reasonably expect from your claim.
Florin|Roebig has a team of seasoned attorneys who’ve won an average of more than $1 million in compensation for their clients and who know how to win trials if an insurer refuses to settle. Contact Florin|Roebig today for a free case evaluation.
State Laws For Car Accident Cases
Port Charlotte follows Florida and Charlotte County laws, as well as city ordinances, which can all shape the outcome of your car accident case in many ways.
Traffic Laws
A successful car accident claim often begins and ends with traffic laws. Following an accident, police, lawyers, insurers, and courts will all look at evidence like cameras or witness testimonies that indicate someone violated a traffic law. Whether it’s driving while intoxicated or going past the speed limit, such violations are a powerful way to show someone caused an accident and should pay for the crash victim’s injuries.
Insurance Coverage Requirements
All Florida-registered vehicles must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
The No-fault System
Port Charlotte adheres to the Florida no-fault system beyond requiring basic PIP and PDL insurance for drivers. No-fault also requires drivers to turn to their own coverage first (a first-party claim) in the case of a car accident.
However, those injured in a crash that was someone else’s fault may be able to seek compensation for property damage or injuries from the at-fault driver (a third-party claim) in some cases.
Third-party car accident claims require injuries that cause at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
Port Charlotte car accident victims can seek compensation by filing one of the following.
- First-party personal injury claims: Comparatively quick and straightforward, these claims cover injury-related expenses, though they’re relatively limited in terms of payout amount and what they cover.
- Third-party personal injury claims: These claims may take longer and be more difficult to win without a lawyer, but they usually result in more compensation and can be filed for a broader range of grievances.
- Personal injury lawsuits: You may need to file a lawsuit with the Charlotte County court if you can’t see eye to eye with the insurance company. Doing so will pressure them to settle to avoid a risky trial. However, if you still can’t settle, the lawsuit will result in a trial, which a judge or jury will decide.
Fault In Car Accidents
Fault, the determination of who’s responsible for an accident, can be shared by multiple parties under Florida law, depending on whose negligence (carelessness) contributed to the crash.
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Liability In Car Accident Cases
Liability is the state of being legally responsible for an accident victim’s compensation.
Car accident cases in Port Charlotte may use the following to help determine liability:
- Negligence: Someone who exhibited a great degree of negligence in a car accident case is likely liable for compensation.
- Strict liability: A strictly liable party can be responsible for compensation even if they weren’t negligent and didn’t intentionally cause harm. For example, a manufacturer whose defective product causes an accident or makes the resulting injuries worse.
- Vicarious liability: A vicariously liable party is legally responsible for compensation due to someone else’s actions. In a car accident case, this may happen if an on-the-job employee injures someone in a crash and the employer must pay.
Understanding Consideration Of Negligence And Degree Of Fault
Florida began following a modified comparative negligence standard on March 24, 2023.
This means:
- Multiple parties can be at fault.
- The percentage of fault decreases compensation by the same amount.
- Anyone found 51% at fault or higher can’t collect compensation.
Attorney Chad Florin explains, “Under modified comparative negligence, you might be found 20% at fault for the accident because one of your headlights was out while driving at dusk when the accident happened. If you were awarded $100,000 for your injuries, you could only collect $80,000.”
Ways The Accident Can Impact Your Life
Even when you are being as careful as possible, you can be involved in a car accident. If the accident results in injuries, you may find yourself with a mountain of medical bills you can’t afford to pay, along with chronic pain, disability, and other serious consequences.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
Car accident resources in Port Charlotte may include:
- Charlotte County Sheriff’s Office
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident attorneys
Although no amount of money can fully compensate you for the impact an auto accident has on your life, filing a claim against the responsible party can give you the resources you need to move forward. At Florin|Roebig, we have extensive experience with car accident claims, and we are here to help you get the compensation you need to move on with your life. Don’t hesitate to reach out for a confidential and free case evaluation.
What To Do After A Car Accident
You can make some decisions in the immediate aftermath of a car accident in Port Charlotte that may result in an easier, more successful claims process, but it’s essential to put your and your loved one’s health and safety first. Seek medical care immediately if you need it, even if you can’t do all of the following.
After a car accident in Port Charlotte:
- Check for injuries and if you’re injured, seek medical attention immediately.
- Contact law enforcement to report the accident and start the police report filing process.
- Gather information that may be hard to get later like witness contact details.
- Document the accident scene by taking pictures.
How Florin|Roebig Can Help With Your Car Accident Claim
For over 35 years, Florin|Roebig has had a proud history of excellence. It has been selected as one of the “Best Law Firms in America” by U.S. News & World Report and Best Lawyers in America since 2010, when the distinction was first formed.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
With over $1 billion won for their clients, Florin|Roebig’s attorneys have the experience and the drive to handle the most challenging car accident cases in Port Charlotte and throughout Florida.
Frequently Asked Questions
How much can someone sue for a car accident in Port Charlotte?
There are no limitations on how much you can sue for a car accident in Florida—including in Charlotte County civil court. Contact a car accident attorney to get a better idea of how much to expect from your case.
Who pays for car damage in Florida no-fault?
If someone else was at fault in an accident, they are liable for covering your car damage. You may also get coverage through your own insurance if you purchased optional coverage for your own vehicle.
What is the 14-Day Accident Law in Florida?
Florida’s 14-Day Accident Law requires crash victims to get medical treatment no later than 14 days from the day of the accident. If you wait until later, your medical costs aren’t eligible for PIP insurance coverage.
List Of Car Accident Lawyers Serving Port Charlotte
Filing a car accident claim in Port Charlotte can be a stressful and overwhelming experience, especially when you’re already dealing with the aftermath of a car accident. Hiring the right attorney to help you with your case can make all the difference by providing you with the resources you need to succeed in court.
At Florin|Roebig, we employ a team of attorneys who serve clients throughout the state of Florida.
Our car accident lawyers serving clients in Port Charlotte include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Luca G Esposito
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
We Are Nationally Awarded Lawyers
How to Get Help from Florin|Roebig Attorneys
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Fort Myers Office
9160 Forum Corporate Parkway
Suite 310
Fort Myers, FL 33905
If you have been injured in a car accident in the Port Charlotte area, filing a car accident claim can help. With a strong claim, you’ll be able to recover the damages you’re owed and begin rebuilding your life. To maximize your chances of winning in court, please contact the experienced attorneys at Florin|Roebig for assistance. Reach out today at any time for a free consultation.
