Key Takeaways
- Get medical care fast: Florida law cuts off benefits if you do not see a medical provider within 14 days.
- Don’t take blame for something you did not do: Be careful what you say, since Florida cuts your payout if you’re partly to blame.
- Save everything: Keep photos, records, and bills to help prove what really happened.
- Talk to us first: Reach out to the team at Howell & Thornhill before giving statements or signing a release of all claims.
Interstate 4 is one of Florida’s busiest highways, connecting Tampa and Orlando through Lakeland. Heavy traffic, high speeds, and commercial trucks contribute to serious crashes, including rear-end collisions, multi-vehicle accidents, and truck wrecks. If another driver’s negligence caused the accident, the steps you take afterward can affect both your recovery and your claim.
Since the 1970s, the lawyers at Howell & Thornhill has represented people injured in car, truck, and other motor vehicle accidents throughout Lakeland and Polk County. This guide explains the immediate steps to take after an I-4 crash, the Florida laws that may affect your claim, and how to protect your right to compensation.
Immediate Steps to Take After an I-4 Accident Near Lakeland
Consider taking the following steps:
- Move to Safety and Call 911: If possible, move your vehicle out of active traffic, switch on your hazard lights, and call 911. Take pictures of the resting spot of the vehicles before you move them, if safe to do, to document how the crash happened.
- Seek Prompt Medical Care: Get evaluated as soon as possible, even if you hope your injuries will improve. Early treatment can improve long term pain and documents your injuries if the insurance company tries to deny them.
- Report the Crash: Cooperate with the Florida Highway Patrol or responding officers, but avoid falsely admitting fault or guessing.
- Document the Scene: Photograph the vehicles, roadway, debris, traffic signs, and any visible injuries. Exchange insurance information and collect witness names, addresses, and phone numbers.
- Speak With a Lakeland Car Accident Attorney: Seek legal advice before giving a recorded statement or accepting a settlement offer which may not cover future medical costs.
The 14-Day PIP Rule: Securing Medical Care and Your Insurance Coverage
Florida is a no-fault insurance state, which means your own Personal Injury Protection (PIP) coverage generally pays for a portion of your medical expenses and lost wages after a car accident, regardless of who caused the crash. Payment under this coverage is required by Florida law and should not raise your insurance rates. However, there is a strict time deadline to this coverage.
Florida’s 14-Day Rule
To qualify for PIP benefits, you must receive treatment from a medical provider within 14 days of the accident. Waiting longer could result in you paying out of pocket for medical bills.
Where to Seek Medical Care
Depending on your injuries, you may be transported to Lakeland Regional Health Medical Center emergency room, 24/7 emergency room, Advent emergency room, Orlando Health emergency room, or evaluated by another qualified healthcare provider. Follow your treatment plan and attend all follow-up appointments.
Medical Records Prove Your Claim
The goal of medical care is to help you heal. But, the same medical care documents your injuries, treatment, and recovery.
What reimbursement can you seek if your PIP is used up by the hospital?
While PIP benefits are available regardless of fault, determining who caused the accident becomes important so you can receive reimbursement after the $10,000 in PIP coverage is exhausted by an emergency room bill, yet you have more bills, wage loss, and pain. The steps to further recovery can include proving the liability of the other driver who caused the crash, showing through doctor notes that you suffered a permanent injury, and proving you were less than 51% responsible for the crash.
Proving Liability of the Other Driver
Fault is established using evidence such as your testimony, photographs, witness statements, vehicle damage, video cameras at nearby businesses, and, if necessary, accident reconstruction.
The Permanent Injury Threshold
To receive money for your ongoing pain and suffering, your doctor must state in writing that you a permanent injury from the crash. Permanent injuries include serious results from trauma such as paralysis or surgery but also includes ongoing neck or back stiffness with activity.
If You are also at fault, you may still recover if the other driver is more the cause of the crash.
Florida follows a modified comparative negligence system. If you are more than 50% responsible for the accident, you cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. Hence, if you are determined to be 25% the cause of the crash, then you recovery is reduced by 25%
Overcoming Stalling Tactics from Auto Insurance Adjusters
Insurance companies are entitled to investigate accident claims, but some claims take longer than necessary because of repeated information requests or disputes over liability and injuries. Understanding these tactics can help you keep your claim moving.
- Recorded Statements: Avoid discussing fault or the full extent of your injuries before you understand how the accident has affected you. Multiple recorded statements might have slight inconsistencies which will be used by the insurance company to try to paint you as a liar. Talk to a lawyer before giving a statement.
- Requests for Additional Documentation: Keep organized copies of medical records, repair estimates, receipts, and correspondence so you can respond promptly.
- Disputes Over Fault: Preserve photographs, videos from nearby businesses, witness details, dashcam footage, and the crash report to help establish how the collision occurred.
- Questioning Your Injuries: Seek prompt medical treatment and follow your provider’s recommendations so you can heal and along the way, receive documentation of your injuries.
- Early Settlement Offers: Do not feel pressured to accept an offer before the full extent of your injuries and future losses is known.
The car accident attorneys at Howell & Thornhill understand the tactics insurance companies use to reduce or delay claims. They can protect your rights, handle communications with insurers, and work to prevent low settlement offers that fail to reflect the true extent of your injuries and losses.
Why Choose Howell & Thornhill After an I-4 Accident Near Lakeland?
People throughout Lakeland turn to Howell & Thornhill after a car accident because the firm provides:
More Than 50 Years of Local Experience
Since 1970s, the lawyers at Howell & Thornhill has represented injured people throughout Lakeland and Polk County. The firm is familiar with the local doctors, local investing officers at the accident scene, local judges, local autobody repair centers, and the insurance issues that often affect I-4 accident claims.
The Resources to Handle Complex Claims
Howell & Thornhill has an on-staff investigator to help track down videos of the crash and an experienced legal team that can investigate liability, preserve critical evidence, and demonstrate how the collision occurred.
Proven Trial Experience
Howell & Thornhill includes Florida Bar Board Certified Civil Trial Lawyers, a distinction earned by fewer than 2% of Florida attorneys. When an insurer refuses to make a fair settlement offer, the firm is prepared to take the case to trial.
Frequently Asked Questions
Below are answers to some of the most common questions our Lakeland car accident attorneys receive.
How long do I have to file a car accident claim in Florida?
In most cases, Florida’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. Missing this statute of limitations deadline will prevent you from recovering compensation.
What happens if the at-fault driver has no bodily injury liability insurance?
You may still be able to recover compensation through uninsured/underinsured motorist (UM/UIM) coverage or other available insurance policies. An attorney can review your options for you.
How much does it cost to hire a Lakeland car accident lawyer?
Howell & Thornhill handles car accident claims on a contingency fee basis. You do not pay us up front and you never pay us unless we make the insurance company pay you, then we charge part of what the insurance pays. So, if we do not win your case in a settlement or trial, you own us nothing. No costs. No fees. Nothing.
How can an on-staff investigator who knows the local businesses strengthen my claim?
Many businesses have security cameras which may capture how the crash happened. Our investigator is from Polk County, worked as a police officer in Polk County, and is able to effectively talk with business owners to obtain copies of the video. Many business owners do not know how to work their cameras, transfer a video, or do not want to be involved. Our investigator uses his local knowledge and contacts to facilitate the preservation of crucial video.
Injured in a Crash Near I-4? Contact Howell & Thornhill
Howell & Thornhill is Polk County’s oldest personal injury law firm. We have board certified lawyers to help and a team to back them up. Contact Howell & Thornhill today to schedule your free consultation and pursue the compensation you deserve.