Melbourne Car Accident Lawyers

Millions Recovered for Our Client in Our 50+ Years of Experience

Car accidents are an all too familiar reality for many individuals. In fact, the Florida Department of Highway Safety and Motor Vehicles reports that in 2018 there were 401,851 drivers involved in motor vehicle collisions, 9,231 of which occurred in Brevard County, which resulted in 254,484 injuries and 3,150 deaths. If you or a loved one has suffered injuries in a car accident, a Melbourne car accident lawyer who specializes in car accidents from our firm in Melbourne is ready to help you!

High Stack Gordon Kirby is widely recognized as being among the oldest and most accomplished law firms in Florida. When you hire a Brevard County auto accident lawyer from our firm, you get nearly a century of combined personal injury experience on your side and a team that has recovered more than $100 million in verdicts and settlements.

How Long Do I Have to File a Claim?

Florida has a four-year time limit to file a car accident claim, also called the statute of limitations. This means you have four years from the date of your injury to file a claim or you may lose your right to compensation.

What Are PIP Laws?

Florida is a "no-fault" state which means that after an accident the injured person's insurance covers any medical expenses or financial loss regardless of who was at fault for the accident. This type of insurance is called personal injury protection or PIP. PIP insurance doesn't cover any non-economic damages such as pain and suffering and does have a cap of how much an individual can recover.

It is possible to file a personal injury claim against the party responsible for your accident if your situation meets certain requirements. Unlike PIP claims a personal injury claim can recover damages for non-economic damages such as pain and suffering. Most notably your injury must qualify as "serious" meaning you must have experienced one of the following:

• Fractured bone
• Disfigurement
• Permanent injury to an organ or body function
• Full disability for at least 90 days

What Damages Can I Recover After a Car Accident?

The amount in damages an individual can recover after an accident varies on a case by case basis, however, the types of damages an individual can recover damages for remain consistent. Damages are generally divided into three main categories, economic, non-economic, and punitive.

Economic damages compensate for financial losses the injury victim suffers as a result of their injuries such as past and future medical expenses and missed days at work. Non-economic damages, as the name suggests compensates for more abstract losses such as emotional distress and pain and suffering.

The last category of damages, punitive are different from the first two in that their main purpose is to punish the negligent party. Often reserved for cases where the defendant knew their actions would cause harm and did so anyway, punitive damages are not often awarded. Additionally, Florida has a cap on how much in punitive damages can be awarded.

Common Causes of Car Accidents in Brevard County

• Driver Distraction - This is a leading cause of car accidents, with behaviors such as texting while driving becoming increasingly prevalent. Numerous studies have demonstrated the dangers of driving while distracted, such as research conducted by the Virginia Tech Transportation Institute which concludes that texting increases a driver's risk of causing an accident by a factor of twenty-three.
• Drinking and Driving - This is a major problem in our state-Mothers Against Drunk Driving reports that our state ranks thirteenth in the nation for the number of fatal drunk driving accidents. If there is evidence that the other driver was driving recklessly, was speeding or was otherwise negligent, our Melbourne car accident attorneys in Brevard County can represent you in your claim for compensation.

Can I File A Car Accident Claim After Insurance Pays?

Since most insurance settlements state specifically that the amount agreed upon will be the only compensation the insurance company pays out, once you agree to a settlement amount it’s usually difficult to recover any more compensation. If you have already signed an agreement, call our firm today to speak with a Melbourne car accident lawyer who specializes in car accidents in Melbourne to learn about your options.

Millions Won for Our Clients

Our attorneys have been fighting for the rights of car accident victims for decades. If you or a loved one has been injured in an accident, don't hesitate to contact our firm for a free consultation today. We will fight for your right to financial compensation from all available sources, including your own PIP policy, the other driver's liability policy, and perhaps even an uninsured or under-insured motorist claim.