What If I Suffered Injuries In A Car Accident In Florida But Live In Another State?
Many people on Florida roads are not residents of the state. People are always traveling across the nation, and Florida is a popular destination for millions. Unfortunately, whether you are a Florida resident or a visitor, you can get involved in a Florida car accident. If you recently suffered injuries in a Florida car accident but are from another state, you may be confused about what to do. You might not be sure whether to file a claim in your home state, Florida, or the state where the other driver lives (if they live outside Florida).
If you’ve sustained injuries in a car accident in Florida but reside in another state, you should first seek medical attention if you still have not. Your health should be a priority. After seeking medical attention, contact a Florida car accident attorney because regardless of where you live or where the driver that hit you lives, Florida laws will apply since it is the state where the accident happened. Read on to learn more.
Understanding the Meaning of Out-of-State Car Accidents
If you have recently suffered injuries in a Florida car accident and reside in another state, you most likely have several questions. You are likely wondering, “Where do I file my car accident claim?” or “Which laws will apply to my case?” or “Whose insurance do I go through?”.
Where Do You File a Car Accident Claim if You Were Injured in Florida but Live in Another State?
Generally, two things determine where you can file a claim if the accident was in Florida, but you live in Michigan, for example. First, since it happened in Florida, you can always hire a Florida law firm. Second, you can file in your resident state of Michigan, however if your claim reaches litigation, you will need a lawyer licensed in Florida to assist, at a minimum. This is because the state’s laws where the accident happened will govern the proceedings. Therefore, since your accident happened in Florida, Florida laws will control the proceedings, even if you file your claim in Michigan.
Because Florida laws will control your case since your accident happened in Florida, it is vital that you speak with a Florida car accident attorney.
Florida’s Comparative Negligence Rule
Among the many rules that govern car accident cases in Florida that you need to know about if you suffered injuries in a car accident in Florida is the comparative negligence rule. Florida follows the pure comparative negligence rule. So, how do comparative negligence laws affect your case? Florida’s comparative negligence law allows you to recover compensation in a car accident claim even if you are up to 99% to blame for your injuries.
However, if you are partially to blame for your accident, a Florida court will require that the compensation you recover be reduced by your percentage of your fault. Suppose the amount of the judgment is $100,000, and you are 55% to blame for your accident. In such a case, according to Florida law, you are to receive 45% of $100,000, which is $45,000.
Should You Hire an Attorney To Handle Your Case?
When filing a car accident claim in the Sunshine State, you are not obligated to hire an attorney. However, it is in your best interest not to handle your case alone. A Florida attorney will understand the state’s laws and how they apply to your case which is vital in maximizing your potential recovery. Law firms have negotiating power that individuals do not. Simply said, without the representation of a Florida accident lawyer, you will be lowballed. Another reason hiring the right personal injury law firm is vital is because The Law Offices of Marc L. Shapiro has a department of team members dedicated to reducing your medical bills.
Contact a Naples Car Accident Attorney
If you need to file a claim against a negligent driver because you live out of state but had an accident in Florida, our skilled and dedicated Naples car accident attorneys at The Law Offices of Marc L. Shapiro are here for you. We understand the challenges you are experiencing as an out-of-state driver and are prepared to fight for your rights. Our goal is to ensure you recover the compensation you deserve. Contact us today to schedule a consultation and discuss your case.