St. Petersburg Car Accident Lawyer
Since 2010, St. Petersburg’s population has grown 9.29% and continues growing every day. While this is good for the local economy and development in the area, it has led to more traffic on the roadways and more car accidents.
According to the Florida Highway Safety and Motor Vehicles’ Crash Dashboard, approximately 400,000 car crashes occur each year in Florida, resulting in more than 250,000 injuries and 3600 fatalities. Last year, in St. Petersburg and surrounding Pinellas County alone, there were 16,459 crashes, 6,547 injury crashes and 160 fatalities on the roadways.
Serious car accident injuries can be life-altering for the injured victims and their families. Physical pain, medical procedures and loss of income can be very stressful and depressing. Uncertainty about the future and mounting medical expenses may seem to compound your difficulties. At the Dennis Hernandez Injury Attorneys law firm, the St. Petersburg car accident lawyers understand these problems and want to help.
If a negligent or reckless driver seriously injured you or a loved one in a car accident, we’re here to help you overcome the challenges you’re facing. We have helped hundreds of families across Florida get justice and the full, fair financial compensation they deserve for their pain, suffering and losses and want to put our experience to work helping you.
On this webpage, we will answer questions clients commonly have about Florida car accident cases. For more specific information, please call us at 855.200.6169 or fill in the FREE CASE EVALUATION form on our website. All consultations and advice are free, and you pay nothing until we win your case.
Can I Sue for Damages from St. Petersburg Car Accident Injuries?
If another driver’s negligent actions caused your injuries, you may have the right to pursue compensation. Recoverable damages can include both economic and non-economic losses. Economic damages may include medical expenses, lost income, and other financial losses. Non-economic damages may include pain, suffering, emotional distress, and reduced quality of life.
Liability in many Florida car accident cases is based on negligence. Generally, establishing negligence requires evidence showing that:
- The other driver owed you a duty of care.
- The driver breached that duty through an action or failure to act.
- The breach caused or contributed to the accident and your injuries.
- You suffered damages because of those injuries.
Florida also follows a modified comparative fault system. Under Florida Statutes § 768.81, compensation may be reduced according to a claimant’s percentage of responsibility. However, in negligence actions covered by the statute, a claimant who is more than 50% at fault for their own harm cannot recover damages. A claimant who is 50% or less at fault may still recover, subject to a reduction based on their assigned percentage of fault.
Deadlines also matter. Under Florida Statutes § 95.11, an action founded on negligence generally must be filed within two years. The 2023 amendment establishing this two-year period applies to causes of action that accrued after March 24, 2023. Claims arising before that date may be governed by the prior limitations period or other rules. Because exceptions and different deadlines can apply, the specific circumstances and date of the accident should be reviewed carefully.
When Does the Florida No Fault Law Allow Car Accident Lawsuits?
According to Florida law, all motor vehicle operators must have personal injury protection (PIP) insurance to cover expenses for their own accident-related injuries. Because PIP insurance covers only up to $10,000 for accident-related injuries, it often leaves many medical expenses and non-economic damages—like pain and suffering—uncovered.
The Florida Motor Vehicle No-Fault Law takes this into consideration and allows people who are seriously injured in car accidents to sue negligent, at-fault drivers for damages. According to the law, serious injuries are those that:
- are permanent,
- resulted in disfigurement or scarring or
- caused the loss of important bodily functions.
Different types of injuries that could be viewed as serious include:
- Burns: Fires or explosions from car crashes can cause serious burn injuries. These injuries can result in scarring, disfigurement, pain, and/or loss of bodily functions and may require extensive and long-term medical treatments.
- Broken bones: Fractures or broken bones often occur in car accidents. These injuries can cause pain and chronic health problems, affect bodily functions and require medical treatments.
- Neck and back injuries: The sudden impact from a car crash can cause permanent damage to the discs in your neck or back.
- Traumatic Brain injuries: Car accidents are a primary cause of traumatic brain injuries (TBIs). TBIs can result in permanent, significant cognitive and physical disabilities.
- Lost limbs: When catastrophic accidents occur, your arms or legs can be severed or injured so severely that they have to be amputated.
If a car crash seriously injured you or a family member, you may need to file a lawsuit to recover compensation for medical expenses, lost income, pain, suffering, and other damages. A Dennis Hernandez St. Petersburg car accident lawyer has the experience needed to thoroughly investigate your accident and injuries and provide expert advice you on your best course of action.
Am I Allowed to Sue the Other Driver If I Was Partially At-Fault for a Car Accident?
Being partially responsible for a car accident does not always prevent someone from recovering damages in Florida. Under Florida Statutes § 768.81, fault can be divided among the parties based on their respective responsibility for the accident.
If a claimant is 50% or less at fault, any recoverable damages may be reduced according to that percentage. For example, a claimant found 20% responsible may generally have an otherwise recoverable award reduced by 20%. However, a party found more than 50% at fault for their own harm cannot recover damages in negligence actions covered by this rule. The statute provides an exception for actions involving medical negligence, which is generally not relevant to an ordinary car accident claim.
Evidence such as crash reports, photographs, witness statements, vehicle damage, video footage, and other records may help determine how responsibility should be allocated.
Who Can Be Held Liable for Damages in a St. Petersburg Car Accident Case?
In Florida car accident cases, the law holds drivers accountable when their negligent or reckless actions cause a crash. Drivers act negligently when they break traffic laws by speeding, driving under the influence, failing to yield, or committing other violations.
Additionally, there are times when motor vehicle operators are not at fault, but rather some problem with the vehicle caused an accident. Defective parts or a design flaw can cause drivers to lose control of their vehicles and crash. Poor maintenance, especially of commercial trucks, can also lead to catastrophic accidents. In cases such as these, the manufacturer of the vehicle and/or the parts and/or the truck or fleet owner can be held liable for damages.
Do I Need an Attorney for a Florida Car Accident Lawsuit?
If you have been seriously injured in a car accident, Florida state law gives you the right to sue a negligent driver for damages, and you don’t need an attorney to do so. However, having an experienced St. Petersburg car accident attorney working for you can be very beneficial.
First, an experienced lawyer will answer your legal questions, save you time, and reduce your stress. Your car accident attorney will explain whether Florida law considers your injury serious. They will also clarify if the other driver acted negligently. Your lawyer will help you understand what types of compensation you can pursue. This includes both economic and non-economic damages. Finally, they’ll determine whether enough evidence exists to support your claim.
In addition, the experienced Dennis Hernandez St. Petersburg car accident lawyers can expertly handle the entire legal process for you. They will:
- Thoroughly Investigate your accident and advise you on whether or not you should pursue damages from the other driver.
- Collect all the evidence needed to demonstrate negligence on the other driver’s part.
- Amass the evidence necessary to support your claim for substantial compensation.
- Protect your legal rights and make sure all the damages you have suffered are taken into consideration.
- Negotiate persistently with the other driver’s insurance company and refuse to settle for anything less than the full amount you deserve.
- Be completely prepared to fight and win at trial if a satisfactory settlement is not achieved.
- Always respond promptly to your questions and keep you updated on progress throughout the legal process.
You can reach an experienced St. Petersburg car accident lawyer at 855.200.6169 or online by filling in the FREE CASE EVALUATION form on our website. All consultations are free.
What Damages Can I Claim in a Florida Car Accident Lawsuit?
In a Florida car accident case, damages are the economic and non-economic losses you suffered because of the accident. The damages you can claim vary, depending on your physical injuries, your medical needs and the effects of your injuries and needs on your mental well-being, ability to work and participate in everyday activities and your family.
An experienced Dennis Hernandez car accident lawyer can help determine all the damages to which you may be entitled. Generally speaking, however, accident victims can pursue compensation for the following damages:
- Medical expenses, including surgeries, hospital stays, diagnostic tests, medication, office visits, assistive devices, rehabilitative therapies and transportation to medical facilities
- Property damage
- Lost or decreased income, including diminished earning capacity in the future
- Physical impairment, disfigurement or scarring
- Pain and suffering
- Mental anguish, depression, anxiety related to the accident and your injuries
- Diminished capacity to enjoy life
- Your family’s loss of your guidance, assistance and companionship
- Other damages recoverable under Florida law
How Much Can I Get from a Florida Car Accident Lawsuit?
The compensation you can recover in a Florida car accident lawsuit depends on the unique facts of your case. These facts include whether you shared fault for the accident and how serious your injuries are. A Dennis Hernandez car accident lawyer will evaluate your medical condition and current treatment costs. They will also consider your future care needs and how the injury affects your mental health, income, and family life. After reviewing all these factors, your attorney will estimate a fair compensation amount based on the full scope of your damages.
The Dennis Hernandez lawyers have helped injured clients throughout Florida win multi-million-dollar awards. We will put our successful experience to work on your case to help you get the full, fair compensation you deserve.
What Should I Say to the Other Driver’s Insurance Company?
After a car accident, the other driver’s insurance representatives will likely contact you to discuss the crash and your injuries. Although they may seem friendly and concerned, be extremely cautious during these conversations. Insurance companies often use your statements to argue that you caused or contributed to the accident, or that your injuries aren’t as serious as you claim.
Hiring an experienced car accident lawyer to handle the insurance company protects you from common mistakes. Your attorney understands the tactics insurers use to limit payouts and will negotiate aggressively on your behalf. If an insurance adjuster contacts you, simply refer them to your lawyer. You won’t have to worry about what to say or how to respond. Your attorney will take over the communication and begin fighting for the compensation you deserve.
Should I Accept a Settlement Offer?
If you’re unfamiliar with accident injury claims, dealing with insurance companies can feel confusing and frustrating. Insurance representatives often use tactics to pressure accident victims into accepting low settlement offers. They may delay payment or demand excessive documentation. These strategies wear people down. Many victims, already struggling financially, feel forced to accept a settlement when it finally arrives. Sadly, the amount is often too low to cover medical bills or other damages.
An experienced St. Petersburg car accident lawyer can help you avoid this situation altogether. Dennis Hernandez lawyers are experienced negotiators who know how to deal effectively with insurance companies. We do not back down and accept offers until our clients have fair settlements to cover all of their damages. If insurance companies refuse to offer a fair settlement, we take them to court and fight to win the justice and compensation our clients deserve.
When Should I Hire a St. Petersburg Car Accident Lawyer?
It is a good idea to seek help from an experienced St. Petersburg car accident lawyer as soon as possible after your accident. Doing so will give your attorney time to collect essential evidence and file a claim to achieve the results you want.
The car accident attorneys at Dennis Hernandez have many years of experience helping injured clients win the settlements or awards they need and deserve. We are experienced, skilled negotiators and litigators who don’t back down until we get the results our clients want.
We work on a contingency fee basis, so you do not have to pay anything to hire us. Our expert legal advice and services are free until you get the compensation you need.
How Do I Select a St. Petersburg Car Accident Lawyer?
When choosing a car accident lawyer, look for experience, proven results, and a strong commitment to justice. Many attorneys promise to leave no stone unturned. But only a few have a real track record of helping clients secure full and fair compensation.
The Dennis Hernandez lawyers have been helping injured clients throughout Florida for over twenty-five years. We’ve secured multi-million-dollar awards for clients with serious injuries, and we’re committed to using our experience, skill, and resources to fight for the compensation you deserve.
How Much Does It Cost to Hire a Car Accident Lawyer in St. Petersburg?
Most car accident lawyers work on a contingency fee basis. You won’t pay anything upfront. You only pay if you win and recover the compensation you deserve. Once you receive your settlement or court award, your lawyer will collect the agreed-upon fee. You and your attorney will set the terms of that fee in advance. That way, you’ll know exactly what to expect.
Contact Experienced St. Petersburg Car Accident Lawyers Today to Get the Legal Advice and Help You Need
The aftermath of a car accident can be devastating for people who are seriously injured. You may need extensive medical treatment, experience chronic pain and be unable to work or do many of things you used to do. Unfortunately, your difficulties can be increased by medical bills, financial hardship and having to submit insurance forms.
During these difficult times, talking with an experienced St. Petersburg car accident lawyer can help put your mind at ease. The trusted Dennis Hernandez Injury Attorneys can handle insurance company representatives and paperwork, collect the evidence needed to win your case and help you get the substantial compensation you need for your injuries, pain, suffering and losses.
Some personal injury lawyers do everything they can to settle with insurance companies and avoid going to court. In contrast, Dennis Hernandez lawyers never back down. We will be well prepared take your case to court and fight to win the award you deserve. Partnering with us means getting the powerful advocacy and successful experience you need throughout the entire legal process.
To talk with an experienced St. Petersburg car accident lawyer and get started on your case, call us at 855.200.6169 or fill in the FREE CASE EVALUATION form on our website.
