Car Accident Lawyer in Jacksonville

A car crash can lead to a slew of unexpected expenses. If you’ve been on the wrong end of one, a Jacksonville personal injury lawyer can help you seek damages.

Since 2013, Blakeley Law Firm has recovered over $250 million for our clients. If you’ve been injured in a car crash, a car accident lawyer in Jacksonville can help you obtain the compensation you need to move forward after your crash.

Why Hire a Jacksonville Car Accident Lawyer?

If you’ve been involved in a car crash, an attorney can:

• Investigate the accident: A lawyer can gather police reports, interview witnesses, and even consult accident reconstruction experts to build a strong case.
• Negotiate with insurance companies: Insurers often try to minimize settlements. An attorney can push back against lowball offers and fight for your much-deserved compensation.
• Calculate your damages: A lawyer can evaluate your case and identify the damages you’re eligible for.
• Represent you in court: If a fair settlement isn’t reached, your lawyer can file a lawsuit and present your case in court.

A Jacksonville car accident lawyer can handle every aspect of your case.

How Much Does a Car Accident Lawyer in Jacksonville Charge?

The car accident attorneys at Blakeley Law Firm work on a contingency fee basis, meaning you only pay your lawyer if you win your case. Their fee will be a predetermined percentage of your settlement or court award, which you can discuss at your consultation.

How Long After a Car Accident Can You Hire a Lawyer?

You can hire a lawyer at any point after a car accident, but it’s best to do so as soon as possible. Early involvement allows your attorney to:

• Preserve evidence before it’s lost or destroyed
• Communicate directly with insurance adjusters
• Help you avoid making statements that could hurt your claim

Waiting too long can complicate your case, especially if critical evidence is lost or the statute of limitations is approaching.

Is It Worth Getting an Attorney for a Car Accident?

Yes, it’s worth hiring an attorney after a car crash, especially if injuries occurred. A lawyer can counter lowball offers from insurers and negotiate a fair settlement on your behalf. In addition, if your case goes to trial, your attorney can advocate for you in court.

Even for minor accidents, a lawyer can help establish liability, negotiate a better settlement, and ensure you’re not taken advantage of by the insurance company.

What Is the Average Settlement for a Car Accident in Florida?

Car accident settlements vary widely from case to case. Some claimants receive four or five-figure settlements, while others receive payouts worth $1 million or more.

Factors that can dictate your claim’s worth include:

• Medical expenses
• Lost income
• Pain and suffering
• Property damage
• Whether you share fault for the crash

A Jacksonville car accident attorney can help fight for the maximum possible compensation.

What Is the Most You Can Sue for in a Car Accident Case in Florida?

There is no legal cap on how much you can sue for in a Florida car accident case. That said, the amount you can recover will depend on:

• The at-fault party’s insurance policy limits
• Your own uninsured/underinsured motorist coverage
• The court’s assessment of your damages
• Whether punitive damages are appropriate

In cases involving severe injuries or wrongful death, damages can exceed $1 million. A car accident attorney in Jacksonville can assess your case and determine your claim’s value.

What Is a Good Settlement Amount for a Car Accident?

A good car accident settlement is one that covers all of your economic and non-economic damages, including:

• Current and future medical bills
• Lost wages and reduced earning capacity
• Vehicle repairs or replacement
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

A Jacksonville personal injury attorney can evaluate the offers you receive and advise you on whether to accept them.

How Is a Car Accident Settlement Calculated?

You can begin to calculate a car accident settlement by adding up your economic damages, such as medical expenses and lost wages. Then, you factor in non-economic damages, like pain and suffering and emotional distress. 

In more severe cases, a multiplier (usually between 1.5 and 5) may be applied to your economic damages to estimate the value of your non-economic losses.

Types of Damages Available

If you’re injured in a Jacksonville car accident, you may be entitled to the following types of compensation:

• Medical expenses: You can recover the cost of hospital visits, surgeries, physical therapy, medications, and other necessary treatments related to the crash.
• Lost wages: You can recover income you’ve lost due to missed work, as well as compensation for diminished future earning capacity.
• Property damage: You can be compensated for the repair or replacement of your vehicle, along with any other damaged personal property.
• Pain and suffering: You can receive compensation for the physical pain and emotional distress caused by the accident.
• Loss of consortium: You can seek damages for the loss of companionship, care, or intimacy suffered by a spouse or family member.
• Punitive damages: In cases where the at-fault party acted with gross negligence or intentional misconduct, you can seek punitive damages.

A personal injury lawyer in Jacksonville can help determine which types of damages you’re eligible for.

How to Get the Most Money from a Car Accident Settlement

To maximize your car accident settlement, it’s crucial to:

• Seek medical attention immediately: Delayed treatment can hurt your claim.
• Document everything: Keep detailed records of your injuries, treatments, expenses, and correspondence with insurers.
• Don’t talk to the insurance company: Let your lawyer handle communications to avoid damaging your claim.
• Avoid social media: Insurance companies may use your posts to argue you’re not as injured as you claim.
• Hire a lawyer early: Working with an attorney from the start will increase your odds of fair compensation.

Who Is Liable for a Car Accident in Florida?

Florida follows a no-fault system for minor car accidents, meaning each driver’s own insurance pays for their medical bills. However, if your injuries are severe, you may be able to pursue a third-party liability claim against the at-fault driver. Parties that may be liable for a crash include:

• Other drivers
• Employers (if a commercial vehicle was involved)
• Vehicle manufacturers (in cases with malfunctioning cars)
• Government entities (for unsafe road conditions)

A personal injury attorney in Jacksonville can gather evidence to establish fault.

What Is Comparative Negligence in Florida?

According to Chapter 768 Section 81 of Florida law, which lays out the state’s modified comparative negligence rule, you can only recover damages for a car crash if you are 50% or less at fault. If you are found to be more than 50% at fault, you cannot recover damages from the other party.

If you are partially at fault for the crash, your compensation will be reduced by your percentage of fault. For example, a $100,000 settlement would become $80,000 if you were found 20% responsible for the accident.

How Do I Prove Liability?

To prove liability in a Jacksonville car accident case, you must demonstrate that:

• The other party owed you a duty of care.
• They breached that duty.
• The breach caused your accident.
• You suffered damages as a result.

Evidence commonly used to prove liability includes police reports, traffic camera or dashcam footage, witness statements, and expert analysis. A car accident attorney can collect this evidence to establish the other party’s fault.

How Long Do I Have to File a Car Accident Lawsuit in Florida?

In Florida, you have two years from the date of a car accident to file a lawsuit. If you fail to file within this time frame, you could lose your right to seek compensation. An attorney can help you file your claim promptly.

How to Deal with Insurance Companies

After a car accident, you’ll likely hear from insurance adjusters. While they may seem helpful, remember that insurance companies are businesses focused on protecting their bottom lines. Their goal is to pay out as little as possible. Here are some tips for dealing with them:

• Be cautious with what you say: When speaking to adjusters, stick to the basic facts. Don’t admit fault, speculate about the accident, or downplay your injuries.
• Decline recorded statements: You are not required to give a recorded statement without legal representation. Politely decline and let your attorney handle communications.
• Don’t accept the first settlement offer: Early offers are often lower than you deserve. Accepting too soon may leave you without enough money to cover your damages.
• Document everything: Keep detailed records of your conversations with insurance adjusters.
• Consult a lawyer before signing anything: A Jacksonville car accident attorney can review settlement offers, negotiate on your behalf, and ensure you aren’t taken advantage of.

Who Pays for a Car Accident in a No-Fault State Like Florida?

Florida is a no-fault state, meaning that after most accidents, your own insurance pays for your medical bills and lost wages, regardless of who caused the crash. This coverage is known as Personal Injury Protection (PIP).

PIP covers up to 80% of medical costs and 60% of lost income, typically up to $10,000. However, it doesn’t cover pain and suffering, vehicle damage, or damages beyond the aforementioned threshold. To pursue those, you must meet Florida’s “serious injury” threshold, which requires significant and permanent loss of a bodily function, disfigurement, or death.

If you meet that threshold, you can file a claim against the at–fault driver for additional compensation.

What if the Other Driver Doesn’t Have Insurance?

Though it’s legally required, many Florida drivers lack insurance. If you’re hit by an uninsured driver, your own uninsured motorist (UM) coverage may cover your damages. UM coverage can pay for medical bills, lost wages, and pain and suffering.

Not all policies include UM coverage, so it’s important to review your policy ahead of time. If you don’t have UM coverage and the at-fault driver has no assets, recovering compensation may be difficult.

Is It Worth Suing an Uninsured Driver?

It depends. In many cases, suing an uninsured driver is not practical since they may not have the financial resources to pay a court judgment. However, if the driver has valuable assets or income, a lawsuit might be worthwhile. 

A lawyer can investigate the other party’s finances and determine whether a lawsuit is the right move. Even if you don’t sue, an attorney can help you pursue other compensation from other sources, like your own UM coverage or other liable third parties.

What Happens if Someone Lies About a Car Accident?

Unfortunately, some drivers lie about accidents to avoid financial responsibility. They may claim you caused the crash, downplay their actions, or even falsify statements to insurers.

When this occurs, evidence becomes critical. Police reports, witness statements, traffic camera footage, and physical evidence from the scene can help set the record straight.

An experienced Jacksonville car accident lawyer can conduct a thorough investigation and use evidence to challenge the other driver’s dishonest claims.

How Does the Car Accident Lawsuit Process Work?

If your damages exceed what insurance covers, or if the insurer refuses to offer a fair settlement, you may need to file a lawsuit. That process generally involves these steps:

1. Consultation and Investigation: Your attorney gathers evidence and reviews your case.
2. Filing the complaint: A formal lawsuit is filed in civil court.
3. Discovery: Both sides exchange evidence, take depositions, and interview witnesses.
4. Mediation or negotiation: Your lawyer will attempt to negotiate a fair settlement.
5. Trial: If no settlement is reached, the case goes before a judge or jury.

A car accident lawyer can guide you through each stage and fight for the maximum possible compensation on your behalf.

How Long Does It Take to Settle a Car Accident Lawsuit?

Every car accident case is different. Some settle within a few months, while others take a year or more. Your case’s timeline will depend on factors like:

• Injury severity
• The complexity of the case
• Insurance companies’ willingness to cooperate
• Whether the case goes to trial

Will My Case Go to Trial?

Most car accident cases are resolved through settlements. Insurers typically prefer to avoid the costs and unpredictability of a trial. However, if the insurance company denies liability or offers an unreasonably low settlement, your attorney may recommend going to trial.

A lawyer can evaluate the risks and benefits of going to court and help you make an informed decision.

How Hard Is It to Win a Car Accident Lawsuit?

To win a car accident lawsuit, you must prove the following:

• The other driver was negligent.
• Their negligence caused the accident.
• You suffered damages as a result.

This process might sound straightforward, but disputes often arise over fault, causation, or the extent of victims’ injuries. An experienced Jacksonville car accident lawyer can significantly increase your chances of a favorable outcome.

Can an At-Fault Driver Sue in Florida?

If you’re at least 51% responsible for a car crash in Florida, you will not be allowed to sue. However, if you are less than 51% at fault for the collision, Florida’s comparative fault rule will allow you to recover damages. In that scenario, your compensation would be reduced by your percentage of fault.

Can You Counter-Sue for a Car Accident in Florida?

Yes, you can file a counterclaim if another driver sues you and you believe they were wholly or even partially responsible for the crash. If you share responsibility for the collision, your compensation will be reduced by your percentage of fault, but you will still have the right to recover damages.

Common Causes of Car Accidents

Car accidents can happen for many reasons, such as:

• Distracted driving: This includes activities like texting, eating, adjusting the radio, or using a GPS, all of which divert a driver’s attention from the road.
• Speeding: Driving above the speed limit or too fast for weather and traffic conditions greatly increases the likelihood of a driver losing control and causing a crash.
• Impaired driving: Operating a vehicle under the influence of alcohol or drugs slows reaction times and impairs judgment, which can lead to a crash.
• Aggressive driving: Behaviors such as tailgating, cutting off other drivers, and road rage contribute to a significant number of collisions.
• Reckless driving: This includes running red lights, making unsafe lane changes, or ignoring traffic signals, all of which put others at risk.
• Poor weather: Conditions like heavy rain, fog, or slick roads can reduce visibility and traction, making it more difficult to avoid a crash.

Common Types of Car Accident Cases

Some of the most common types of car accident cases include:

• Rear–end collisions: These typically occur when one driver follows too closely or isn’t paying attention, resulting in a crash into the back of another vehicle.
• T–bone accidents: This type of crash occurs when one car strikes the side of another, usually due to failing to yield or running a red light.
• Head–on collisions: These are among the most dangerous types of accidents and usually involve vehicles traveling in opposite directions and crashing head-on.
• Hit and run accidents: These occur when a driver leaves the scene without stopping, which can complicate the process of identifying the at-fault party and securing compensation.
• Multi–vehicle pileups: Accidents involving three or more vehicles often raise complex questions about fault and liability, especially when several drivers share responsibility.
• Accidents with commercial vehicles: Crashes involving trucks or delivery vans may lead to claims against both the driver and their employer.

Common Injuries in Car Accidents

Some of the most common injuries sustained in car crashes include:

• Whiplash and neck injuries
• Traumatic brain injuries (TBIs)
• Broken bones
• Spinal cord injuries
• Internal bleeding
• Lacerations and bruises
• Psychological trauma (such as PTSD)

What to Do After a Car Accident

If you’ve been involved in a car crash, the steps you take afterward can have a significant effect on your case. It’s important to:

• Call the police and file an accident report.
• Exchange information with the other driver.
• Document the scene with photos and gather witness contact information.
• Seek medical attention, even if you feel fine.
• Notify your insurer about the accident.
• Contact a lawyer before speaking with the other driver’s insurer.

Contact a Car Accident Attorney in Jacksonville

If you’ve been injured in a car crash, don’t wait to get legal help. A Jacksonville car accident lawyer from Blakeley Law Firm can negotiate with insurers on your behalf and fight to recover compensation for all of your losses.

Whether you’re dealing with an uninsured driver, a disputed claim, or a serious injury, professional help can make all the difference. Blakeley Law Firm has extensive experience with car accident cases, and we can make sure the driver responsible for your damages is held accountable.

Schedule a free consultation to discuss your case today.