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How quickly should I contact an attorney in a Florida auto accident case?

By Scott Smith Injury Law |

As soon as you can. Obviously, the first thing you should do after being involved in a motor vehicle crash is contact law enforcement and seek medical treatment. Without question, those are the two things you should immediately do after a motor vehicle crash. Once law enforcement has responded to the scene of the… Read More »

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What happens if the other driver involved in the accident is not insured or has minimal coverage?

By Scott Smith Injury Law |

We then look to your policy to see if you have the uninsured motorist coverage or underinsured motorist coverage, often referred to as UM coverage. If you’re the victim of a crash caused by somebody that has no bodily injury protection at all, we would hope that on your policy you have uninsured motorist… Read More »

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What if I did not leave the scene of my Florida car accident in an ambulance? Can I go to the hospital on my own the next day?

By Scott Smith Injury Law |

Yes, you certainly can. You can go to the hospital from the scene of the accident, not in an ambulance. You can go that evening, you can go the following day, you can go a couple days later. The important thing to note in the state of Florida is that, from the moment the… Read More »

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What is no-fault insurance?

By Scott Smith Injury Law |

Florida no-fault insurance is Personal Injury Protection benefits or PIP or PIP benefits. It’s a type of insurance that’s on your auto policy to pay for your medical expenses after a motor vehicle crash, whether you’re at fault for causing the crash or not at fault for causing the crash, hence the term or… Read More »

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What is reckless conduct in a car accident and what are the legal implications?

By Scott Smith Injury Law |

Reckless conduct in the state of Florida is akin to gross negligence, not just negligence, the failure to use reasonable care by the at-fault party, but the type of negligence that rises to the level where the individual driving the vehicle was reckless in their conduct, i.e. under the influence of alcohol or drugs… Read More »

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What is the purpose of obtaining uninsured or underinsured motorist coverage?

By Scott Smith Injury Law |

Uninsured/underinsured motorist coverage also known as UM coverage, is the type of coverage that you can buy by paying an additional premium with your insurance company to protect yourself, should you ever be the victim of a motor vehicle crash that involves an uninsured motorist or an underinsured motorist. It is a tremendous type… Read More »

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Who is liable in Florida if the brakes in a vehicle failed?

By Scott Smith Injury Law |

The case will be analyzed from a lot of different perspectives. First, we would look to see if the manufacturer of the motor vehicle put the vehicle into the stream of commerce with a defective design or perhaps the vehicle was defectively manufactured, so the manufacturer of the vehicle could be responsible. Any distributors… Read More »

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Will I have to go to court for my Florida auto accident case?

By Scott Smith Injury Law |

It all depends. Every case is different. There are many cases that will be resolved by amicable settlements by way of a demand letter or a demand package, cases that’ll settle during the course of litigation, perhaps at mediation. Then there are those groups of cases that cannot be resolved by way of an… Read More »

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Are there time limits to file my Florida auto accident lawsuit?

By Scott Smith Injury Law |

In the state of Florida, the statute of limitations for a motor vehicle accident case is four years. It’s two years for a wrongful death case. Then sometimes, in cases against the government, there are also notice requirements where the letter to the government has to be sent within three years. The important thing… Read More »

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Can I receive money even if the Florida car accident was my fault?

By Scott Smith Injury Law |

It depends. If a jury were to find you 100% at fault for causing the accident, then the answer is no, you couldn’t make a recovery. There would be no claim to be made. The jury wouldn’t award you any monetary damages for your losses, injuries, and damages. However, Florida is a comparative negligence… Read More »

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