Bodily injury in a car accident includes any physical injury sustained, such as cuts, scrapes, and bruises. It also covers more severe injuries like broken bones, spinal injuries, and traumatic brain injuries. Since the extent of injuries can vary from one car crash to another, it is important to always seek medical treatment, even when injuries seem minor. It is also highly recommended to speak with a qualified Tampa car accident attorney as soon as possible following the accident.
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What Qualifies as Bodily Injury in a Car Accident?
Bodily injury in a car accident refers to any type of injury one could sustain as a result of a car crash. The injuries could be visible, like cuts and scrapes, or internal, like fractured and broken bones. In regards to car insurance, bodily injury is a specific type of car insurance that is optional in Florida for non-commercial vehicles as long as you have had no previous accidents.
However, carrying bodily injury liability coverage with coverage limits of at least $50,000 per person and $100,000 per accident is highly recommended. With this type of coverage, should you be responsible for injuring someone else, your car insurance will help pay their medical expenses and other financial losses up to your policy limits.
How Is Bodily Injury Different From Personal Injury?
While some people use bodily injury and personal injury interchangeably, there is a difference between the two terms. Bodily injury refers to physical injuries you sustain from an accident. On the other hand, personal injury refers to all types of injuries, including physical injuries, pain and suffering, and mental anguish.
What Are the Most Common Types of Bodily Injuries Sustained in Car Accidents?
Some of the most common types of bodily injuries from car accidents include:
- Strains
- Sprains
- Fractured and broken bones
- Spinal injuries
- Back injuries
- Traumatic brain injuries
- Whiplash and neck injuries
- Concussions
- Cuts, lacerations, and bruising
- Burns
- Chest injuries
- PTSD and trauma
- Loss of limbs
- Disfigurement
- Wrongful death
How Is Compensation for Bodily Injury Calculated?
Compensation for bodily injury is calculated based on the actual medical treatment and care costs up to the insured’s coverage limits. A multiplier might be used based on the average cost per visit for ongoing treatment and rehabilitation costs. Alternatively, insurance companies can wait to fully settle a claim until after the person is no longer under medical care.
What Should I Do If I Sustain a Bodily Injury in a Car Accident?
Knowing what to do if you are injured in a car accident and sustain a bodily injury is important. The first thing you should do is call 911. It is crucial to report the accident to the police and seek medical care immediately. Florida does have a 14-day time limit for obtaining medical treatment after a car accident. If you fail to do this, you cannot claim your injuries later.
How Long Do I Have To File a Claim for Bodily Injury in Florida?
As long as you received medical care for your bodily injuries within the 14-day period, you have up to two years to file a claim for your injuries. While Florida Statute 95.11(4) gives you two years, filing your claim as soon as possible is better. The longer you wait, the more difficult it can be to reach a fair settlement.
What Evidence Is Needed To Support a Bodily Injury Claim?
In order to establish a claim for bodily injury, you will need different types of evidence, such as:
- Police report
- Medical records
- Emergency room documents
- Paramedic reports
- Hospital discharge documents
- Prescriptions
- Doctor’s notes
- Rehabilitation records
- Pictures and video of the accident scene
- Witness testimony
- Video footage from street cams
Should you get a lawyer for a car accident, knowing what evidence you need to gather will be much easier with expert legal assistance.
Can I Sue for Bodily Injury If the Accident Was Partly My Fault?
In 2023, Florida moved from a pure comparative negligence system to a modified comparative negligence system. Under the old system, you could sue for bodily injury even if you were up to 99% at fault for the accident. Under the new system, you can only sue for bodily injury if you were 50% or less at fault. However, your total settlement is reduced by the percentage you are considered to be at fault.
For example, you are found to be 25% at fault for your car accident. Your Tampa car accident injury lawyer negotiates a settlement of $50,000 for your bodily injuries. Instead of receiving the entire $50,000, your settlement payment is reduced by 25%. As a result, you will only receive $37,500.
What Role Does Insurance Play in Bodily Injury Claims?
Insurance plays a major role in settling bodily injury claims since it is directly related to bodily injury car insurance. The insurance company’s adjustor or other representative will negotiate a settlement based on the severity of your injuries and what they feel would be sufficient car accident injury compensation.
It is vital to remember insurance companies are in business to make money and not pay it out in injury claims. Therefore, the initial amount they offer, or if you attempt to negotiate your claim without help from a car accident lawyer in Tampa, will be much less than you are entitled to receive.
Insurance companies also use various tactics and tricks, such as asking leading questions to get you to admit partial fault or taking statements you make and then using them against you to further reduce or even deny your bodily injury claim. So, before attempting to negotiate your claim yourself or before accepting the initial settlement offer, take the time to schedule a free consultation with a Tampa car accident attorney for a second opinion.
How Can a Lawyer Help With My Bodily Injury Case?
A car accident lawyer in Tampa can help with your bodily injury case in several ways, as follows:
- Free initial consultation: You can get a free consultation to discuss your injuries, obtain free legal advice, and determine how to proceed in your situation.
- Expert legal representation: Should you hire an attorney to help with your bodily injury case, they will provide legal representation for bodily injury claims in Tampa and protect your interests and rights to ensure you get the compensation you deserve.
- Establishes negligence: The key to proving bodily injury claims and personal injury claims is showing the defendant was negligent for your injuries. Your lawyer will prove the defendant failed to provide a duty of care, they breached this duty, their breach directly caused your injuries, and you suffered actual losses.
- Files the claim on your behalf: Your attorney will notify all parties of your intent to file a claim for your injuries. They will prepare a formal demand package detailing the injuries sustained, how the defendant was negligent, and the amount of car accident injury compensation desired. They will also file the claim with the court.
- Negotiates the settlement: Most bodily injury cases are settled out of court. Your lawyer will negotiate with the insurance company to ensure you receive the compensation you deserve. Reaching a fair settlement requires a thorough knowledge of Florida personal injury, traffic, and tort laws.
- Trial litigation: Should a settlement not be reached, your attorney will litigate your case in front of a judge and jury at trial.
As you can see, there are numerous processes, procedures, and steps to take after a car accident in Tampa for filing a bodily injury claim and reaching a settlement. Another benefit of hiring a car accident attorney in Tampa is that while your lawyer takes care of your injury claim, you are free to focus on healing and recovering from your injuries. Plus, you don’t have the added stress of dealing with insurance adjusters whose goal is to devalue or even deny your claim.
Hire Jack Bernstein, Injury Attorneys, Now To Handle Your Bodily Injury Claim
Before you attempt to go at it alone and file your bodily injury claim yourself, do yourself a favor and get honest, legal advice for car accident injuries from the experienced Tampa car accident injury lawyers at Jack Bernstein, Injury Attorneys. Our law firm offers a free case evaluation and consultation. We will provide you with an estimated valuation of how much compensation you could be entitled to receive. We also do not charge any upfront legal fees and only collect our legal fees when we settle your case.
Schedule your free consultation with our car accident attorneys in Tampa today.
Sources:
FLA. STAT. § 768.81. (2023).
FLA. STAT. § 95.11(4). (2023).
Types of Damages in Personal Injury Lawsuits. (2023).
Tampa Car Accident + Personal Injury Lawyers
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
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