After being injured in a motor-vehicle crash, you may be feeling some combination of anxiety, depression, and confusion. On top of significant damage to your vehicle, you could be dealing with serious physical trauma, missed time at work, and severe pain. Our car accident attorneys in St. Petersburg know what you’re going through and are ready to help you fight for the settlement you need to move on with life.
To speak with one of our attorneys in a free consultation, call (727) 821-1500. There’s no upfront cost to take advantage of our legal services, and no attorneys’ fees are charged unless we win.
Case Results
$445,000 Recovery — Pinellas County Intersection Crash
Our attorneys secured a $445,000 gross recovery for a client in his sixties who suffered spinal injuries in a three-car crash at US Highway 19 and Ulmerton Road. The at-fault driver initially denied running the red light and tried to shift blame to a third driver. We used accident reconstruction experts to prove liability, which gave our client access to the at-fault driver’s full bodily injury coverage.
$3.2 Million Pre-Lawsuit Settlement — Distracted Driver Collision
A young client suffered a traumatic brain injury, fractured pelvis, hearing loss, and PTSD after the vehicle he was riding in was rear-ended by a distracted commercial driver and forced into a tree. Black box data helped establish that the driver was distracted at the moment of impact, resulting in a $3.2 million settlement before a lawsuit was even filed.
$500,000 Pre-Lawsuit Settlement — Distracted Driver
Our firm negotiated a $500,000 settlement, without the need for litigation, on behalf of a client injured by a distracted commercial driver.
Every case is different, and past results do not guarantee or predict a similar outcome in your case. The value of your claim depends on its own specific facts, injuries, and applicable insurance coverage.
How Do Attorneys Prove Fault in a Car Accident?
Attorneys prove fault by showing the other driver owed you a duty of care, breached that duty through negligent action, and that breach directly caused your injury. Typically, this is done using police reports, physical evidence, and expert reconstruction.
Most car accidents are unintentional, so Florida law resolves them through the legal theory of negligence rather than criminal intent. To recover compensation, we must establish three things:
- The defendant owed you a duty to drive safely
- The defendant violated that duty through an action or failure to act
- That violation directly caused your injury
All drivers owe a duty of care to other drivers, passengers, and pedestrians. Evidence such as speeding, failing to yield, driving while intoxicated, or texting while driving all support a negligence claim.
Filing deadline: Under Florida Statutes §95.11, you generally have two years from the date of the accident to file a lawsuit for injuries occurring on or after March 24, 2023. Accidents that occurred before that date are still subject to the prior four-year deadline. Missing this deadline will almost certainly end your ability to recover compensation, so it’s important to speak with an attorney as soon as possible.
What Compensation Can I Recover After a Car Accident?
You may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering. The exact amount depends on the severity of your injuries and how they affect your life going forward.
Every car accident case starts with a physical injury, and a claim can include the medical costs of treating it, from emergency care to long-term rehabilitation. But a well-built claim looks beyond the bills:
- Medical expenses — past and future treatment, procedures, medication, and rehabilitation
- Lost wages — income missed during recovery, plus any permanent reduction in future earning capacity
- Pain and suffering — the physical and emotional toll of the injury on your daily life
- Property damage — repair or replacement of your vehicle and other damaged belongings
Our attorneys work with economists, vocational experts, and medical professionals to make sure every category of loss is accounted for in negotiations.
What Kinds of Experts Might Contribute to My Case?
Sometimes it is necessary to consult with various experts and perhaps to depose certain specialists during discovery. There are many kinds of experts who might play a role in a motor-vehicle collision case. Common examples include:
- Economist: An economist might be called on to assist your lawyer in approximating a fair value for lost earnings and loss of future earning capacity.
- Vocational Expert: The insurance company may argue that you are able to return to work, even if your injuries prevent you from doing so or a healthcare provider has instructed you to rest. In this scenario, a vocational expert may be deposed regarding how your injuries would hamper your job performance and productivity.
- Accident Reconstruction Expert: These specialists can investigate the accident scene and assess photos and other evidence to determine how the crash took place, thus potentially helping your attorney establish liability.
- Medical Expert: Besides assisting your lawyer in estimating the total cost of medical interventions, a medical expert may also provide deposition regarding the expected timeline of your recovery. If you will require several years of care, procedures, medications, and other necessary services, it is likely that one or more medical specialists will play a role in your case. Accounting for all past and future healthcare costs is essential if you want to avoid falling into debt. At Emerson Straw PL, we have access to a network of well-credentialed experts in a wide variety of disciplines who have the qualifications and experience necessary to provide credible deposition.
How Long Does a Car Accident Case Take to Resolve?
Most car accident cases resolve in a few months to over a year; the timeline depends mainly on how contested liability is, how long your recovery takes, and how much the claim is worth.
There’s no way to guarantee a specific timeframe, since every case moves at the pace of its own complications. A few factors that typically speed up or slow down resolution:
- Disputes over your own conduct — statements to insurers, social media activity, or gaps in following medical advice can all become sticking points.
- Shared or disputed liability — cases involving multiple at-fault parties take longer to sort out.
- Reaching Maximum Medical Improvement (MMI) — settling before your condition has stabilized risks leaving future costs uncovered, so many cases wait for MMI before finalizing.
- The size of the claim — larger claims draw more scrutiny (and sometimes surveillance) from insurers, which can extend negotiations.
Should I Visit the Doctor Even If My Injuries Are Minor?
You’ve dusted yourself off, and it appears—besides a few minor cuts and bruises—that you’ve survived the accident relatively unscathed. Understandably, you might think there’s no need to schedule a doctor’s appointment, but if you’re planning on filing a personal injury claim, forgoing a doctor’s visit could harm your case. Here are few reasons why you should not skip a medical evaluation if you’re planning to file a personal injury claim:
- Your May Aggravate or Exacerbate Your Injuries: Without immediate treatment, many car accident injuries and conditions can worsen, resulting in complications and additional medical costs. But skipping a doctor’s visit doesn’t just have ramifications for your wellbeing; delaying your diagnosis could also give rise to disputes when you file your personal injury claim. As a claimant in a personal injury case, you have a duty to take sufficient steps to mitigate damages. As such, it’s not only important to seek immediate medical treatment after an accident but also to follow your doctor’s instructions to the letter. Divert from the script and the insurance company may assert that you were negligent and thus are liable for at least a portion of your damages.
- It Might Be More Difficult to Prove Damages: The insurance company won’t just take you at your word. Claims adjusters want to see official documentation, which can include medical records regarding the severity of your injuries, prescribed treatments, and other elements of your recovery. When you first visit the doctor, he or she will create these official records, which can play a vital role in proving damages and helping your lawyer estimate a fair settlement.
- The Insurer Might Dispute the Severity of the Injury: If you don’t seek immediate treatment, the insurance company could assert that your injuries are not that serious. While many conditions may initially present with only minor or latent symptoms, delaying your diagnosis could be enough for the opposing party to dispute your claim. By scheduling a doctor’s appointment immediately after the accident, you can help emphasize that your injuries were indeed severe.
- You Might Face Other Disputes: To win a settlement in a third-party insurance claim, you must prove three elements: liability, causation, and damages. Simply put, you not only will need to show that the defendant was responsible for causing the accident but also that their negligence or wrongful act(s) led to your damages. If you drag your heels and delay your diagnosis, it may be harder to tie your injuries to the incident in question. The opposing party may even assert that your injuries stem from a pre-existing condition or separate accident.
How Much Is My Auto Accident Case Worth?
Many factors might go into estimating the value of damages in a personal injury claim. Here are a few that could influence the potential settlement amount:
- Medical Expenses: The road to recovery can be arduous and stressful, but this journey won’t just take its toll on your mental health. Medical care can be incredibly expensive, putting an immense strain on your finances. As a result, it’s not uncommon for medical costs to make up the lion’s share of a settlement. When approximating fair compensation, our attorneys may consider a wide range of expenses including emergency services, medical procedures, prescription drugs, physical therapy, orthopedics, home modifications, and more.
- Pain and Suffering: The effects of a serious injury are not always reflected in invoices and receipts. Pain and suffering can degrade your quality of life, leaving you unable to complete everyday tasks or enjoy your favorite pastimes. As such, these non-economic damages may be recoverable as part of your settlement. Typically, lawyers will use one of two methods to estimate the value of pain and suffering. For example, our attorneys may multiply the total cost of your economic damages by a number between 1.5 and 5. This multiplier is based on the seriousness of your injuries. Alternatively, a dollar amount may be assigned to each day from the date you first suffered your injury until you reach maximum medical improvement.
- Lost Wages: If your injuries prevented you from returning to work for any length of time, these lost earnings might be recoverable as part of your personal injury claim. Our St. Petersburg car accident lawyers may consult with vocational experts to help prove that your injuries inhibited your ability to do your job or affected your job performance. If you suffered a long-term or permanent disability, you may also be able to seek damages for loss of future earnings.
- Property Damage: If your vehicle and any other personal property were destroyed or damaged in the incident, the cost of replacement or repairs could be factored into the settlement estimations.
FAQs
- How much does it cost to hire a St. Petersburg car accident attorney?
Nothing upfront. We work on contingency, meaning you pay no attorney’s fee unless we recover money for you. - What should I do immediately after a car accident in St. Petersburg?
Seek medical attention right away, even for minor-seeming injuries, and avoid giving a recorded statement to any insurance company before speaking with an attorney. - What if the insurance company already offered me a settlement?
Early offers are often well below what a case is actually worth. Once you accept a settlement, you generally can’t go back for more later, so it’s worth having an attorney review any offer first. - What if I was partially at fault for the accident?
Under Florida’s modified comparative negligence rule, you can still recover damages as long as you’re not found more than 50% at fault — though your recovery is reduced by your percentage of fault. - What happens if the other driver was uninsured or underinsured?
You may still be able to recover compensation through your own uninsured/underinsured motorist coverage, if you carry it. Our attorneys can help you determine what coverage applies to your situation. - How does Florida’s no-fault (PIP) insurance affect my car accident claim?
Florida requires drivers to carry Personal Injury Protection, which covers a portion of your medical bills and lost wages regardless of fault — but PIP alone often doesn’t cover the full extent of a serious injury, which is where a liability claim comes in. - Will my case go to trial, or does it typically settle?
Most car accident cases settle out of court, but we prepare every case as though it could go to trial, since insurers negotiate more seriously when they know we’re willing to litigate. - What should I bring to my free consultation?
Any police report, insurance information, photos from the scene, and medical records you already have — though don’t worry if you don’t have everything; we’ll help you gather what’s missing.
Call Us Today for a Free Consultation with a Car Accident Lawyer
Dealing with the aftermath of an accident is difficult enough, especially if you are coping with severe injuries and mental anguish. Our car accident lawyers in St. Petersburg are ready to stand up for your rights. Call us today at (727) 821-1500 to schedule a free consultation.
