Tampa Auto Accident FAQs
Does no-fault law apply to auto accidents in Tampa?
Yes, no-fault law applies to auto accidents in Tampa and throughout the State of Florida. The law requires all drivers to maintain Personal Injury Protection and property damage insurance in minimum amounts. In turn, most car accident claims go through the driver’s own insurance regardless of who is at fault for the accident. Even though no-fault laws apply in Tampa, third-party claims are still available in cases of serious or permanent injury.
What is a typical settlement for an auto accident?
A typical settlement for an auto accident is an amount that represents the losses of the victim. For third-party claims involving serious injuries, that amount can include non-economic damages like pain and suffering. The more serious the injuries, the higher the amount of pain and suffering. Each claim is based on the victim’s actual losses, so there is truly no typical settlement for an auto accident.
In what court do I file an auto accident case in Tampa, Florida?
Usually, you file an auto accident case for Tampa, Florida, in the 13th Circuit Court. The 13th Circuit Court is one of 20 circuit courts. It covers Hillsborough County. Civil cases in Tampa, Florida, generally fall between county courts and circuit courts. The Circuit Court is the place to file a case where more than $30,000 is disputed. Because Florida is a no-fault state, most auto accident cases involve more than $30,000 and therefore originate in Circuit Court.
Civil cases involving less than $30,000 start at one of the 67 county courts in Florida. For Tampa, that means the Hillsborough County court. In St. Petersburg, Clearwater or Palm Harbor, that means Pinellas County. There is a county court for each county in the State of Florida.
When the claim is for $30,000 or more, it begins in the Circuit Court. Pinellas and Pasco Counties are grouped into the Sixth Circuit Court while Hillsborough County is the 13th Circuit Court. The threshold amount for filing increases to $50,000 on January 1, 2023. Small claims cases are for amounts of less than $8,000. When cases are appealed, they go to five District Courts of Appeals and then the Florida Supreme Court.
Where do Tampa auto accident laws come from?
Tampa auto accident laws come from State of Florida law as well as from City of Tampa ordinances. Most no-fault laws originate at the state level. For example, Florida Revised Statutes 627.737 creates thresholds when an injured individual may bring a negligence action. State laws also determine the standards for when negligence occurs and what compensation is available to a victim.
There may also be relevant city ordinances. For example, the Tampa Code of Ordinances Chapter 18 gives the City of Tampa the authority to create a police department that may investigate an accident. When you have an auto accident claim, remember that both state and local laws may be a part of the claim. Plus, rules of evidence and procedure play a role in bringing a successful auto accident claim.
How often do auto accident settlements exceed the policy limits?
Although auto accident settlements do not often exceed policy limits, some circumstances are appropriate to settle at an amount that exceeds policy limits. Where liability is clear, the responsible party may be personally liable for the amount of the judgment that exceeds their policy limit. Where the party has significant assets, for example, when the responsible party is a company, it may be possible to collect compensation in addition to the amount of the policy. An attorney for auto accidents can help you determine if this is an option in your case.
How to calculate pain and suffering in an auto accident?
To calculate pain and suffering in an auto accident, evaluate the relative severity of the injuries. For minor injuries where recovery is measured in a matter of weeks, pain and suffering may be less than or equal to economic damages. When injuries are lifelong and extremely severe, pain and suffering may be as much as five times the amount of economic damages. Begin with a careful calculation of economic damages and then consider the severity of the injuries to determine non-economic damages.*
*In Florida law, you are not eligible for non-economic damages unless you have a qualifying third party claim. Qualifying injuries are significant disfigurement, bone fractures, permanent limitations and dysfunction of bodily systems. Learn more about Florida’s no-fault auto laws.
Does Medicare cover injuries from an auto accident?
Yes, Medicare generally covers injuries from an auto accident. However, the interplay between Medicare, PIP insurance and third-party claims is complex. Generally, Medicare is a secondary payer to PIP insurance.
In addition, Medicare does not cover some forms of care and treatment that an accident victim may need, like skilled nursing care and home modifications. PIP or third-party compensation may provide broader coverage. Finally, anyone who receives Medicare benefits is advised to be in full compliance with Florida no-fault laws by carrying at least the minimum amounts of required insurance to prevent unexpected gaps in coverage.
How long for an auto accident settlement?
How long it takes for an auto accident to settle depends on the severity of the accident and the complexity of the legal issues. A relatively minor case where injuries can be quickly valued can be resolved in several weeks. However, a complicated case with severe injuries or legal issues can take a year or more to settle. While the wait can create difficulty, the time may be needed to fully value current and future injuries and prepare the legal case for the victim to receive fair compensation.
Do I need a lawyer for an auto accident case?
You need a lawyer for an auto accident case if your injuries are significant or if there are legal issues that make the case complicated. A lawyer ensures that you value your damages accurately. They have special training in the kinds of compensation available and how to claim it. They also know what happens at mediation for auto accidents and how to negotiate auto accident settlements. They will advocate on your behalf.
A Tampa auto accident attorney also has the training to build the evidence and follow the legal processes to file and advance the claim. In all but the most straightforward cases where liability and value are apparent, having an attorney ensures that you take the right steps to advance the claim and, ultimately, maximize your compensation.
Questions to Ask Your Car Accident Attorney
When you meet with an attorney, there are a number of important questions to ask. Asking the right questions can help you begin to learn about your claim and determine if the attorney is right for you:
- Do you focus on accident claims?
- What is your training and experience for handling accident claims?
- What sets you apart from other attorneys?
- What is the value of my case? How did you arrive at that estimation?
- Are there any legal issues that might make my case complex?
- What things should I be doing right now?
- Can you talk me through the claims process?