Accidents and injuries in Florida: what to do and which specialized lawyer to call?

Whether for business trips or vacations of varying lengths, French speakers are increasingly traveling to Florida. In the majority of cases, the stay is most pleasant, but sometimes it happens that an accident comes to tarnish the paradisiacal trip… and at that moment, it is generally panic! So what should you do in the event of an accident in Florida?

Whether you are a businessman, tourist, Snowbird or foreign resident, an accident in the United States is not something to be taken lightly. Things are not settled amicably between individuals on a piece of sidewalk and the authorities must intervene to help you manage the situation.

The first thing to do is therefore to consult the list of French-speaking lawyers in Florida !

Car Accident

Car accidents are the most common source of injury for Francophones traveling to Florida. In the event of an accident, it is essential to call the police (at 911) and to stay on site without moving the vehicle, because the accident report forms that we know in France or Canada are not used in the United States. (even for rental cars). It is the police who are responsible for collecting information from the people involved or witnesses, taking their contact details and writing an accident report. Only the report drawn up by the police is authentic with the insurance companies. And in the case of a rental, you must contact the rental company to report the accident to them as soon as possible. They may need the report quickly and you a new car!

If you have another type of accident, a fall in a business for example, you must also call 911 and notify the management of the establishment in question, which must carry out an investigation and write an accident report. Do not hesitate to ask for an interpreter if necessary so that your statements are well understood. The police report and the accident report then constitute essential documents on which the insurance companies, the governmental agencies and all the organizations from which you could claim damages are based.

In any case, if you need medical treatment, this must be done as quickly as possible and also make it possible to establish a link between the accident and the injuries suffered. Moreover, according to Florida law, a doctor must be consulted within 14 days of the accident, even if you went to the emergency room.

If you are the victim of a medical error (wrong diagnosis, treatment or care), it is also necessary that all the evidence be gathered, that photos be taken as far as possible and to ensure that the reports comply with the reality of the facts.

Accident-Police

You have to take pictures!

Be careful, even if the police or other people take photos of the accident, it is essential that you also take your own photos: damaged vehicles, place of the accident, brake marks or other marks indicating the conditions or the negligence that caused the accident, but also the injuries. It is necessary to collect a maximum of information, to take notes because the memory is not infallible, to ask for the names and coordinates of the insurer of the people involved, those of the witnesses, in order to carry out its own file.

American law is very different from French or Canadian law and may also have local specificities. Whether you are the victim of a car, motorcycle, bicycle or boat accident, a fall or an attack in a public place, all the documents inherent to the accident must at some point be presented at least to the insurer of the liable third party. If your file is not solid, you can be very badly compensated. It is therefore essential to acquire some legal protection reflexes such as collecting information and taking photos certifying and documenting the accident; the telephone numbers and names of the witnesses, and above all do not hesitate to call the police: here they are paid for that.

In the event of a non-responsible accident, be aware that you will always be asked the question: “Are you filing a complaint? “. In the event of bodily injury, if you have not committed any fault, it is advisable to lodge a complaint (even if it means withdrawing it later) to prevent possible subsequent problems and because all the medical costs incurred will be covered by the opposing party.

If you file a complaint, the procedure will also allow you to ask for “damages” which can cover medical expenses, lost wages, pain, and physical or moral suffering.

In the case of a complaint, it is then preferable to call on a lawyer specializing in “personal injury” who can explain the law in this area and the options available to you. As an individual not native to the country, it is impossible for you to master the multitude of existing rules in terms of accidents! This lawyer will also be very useful if you have to negotiate with insurance companies for compensation, or during a trial in court. But don’t panic, 90% of cases are settled amicably between the parties without going to court. You also have a period of 4 years from the date of the accident to file a lawsuit. However, it is still advisable to file a complaint.

And the lawyers’ fees, will you say? Unlike the French system, in Florida lawyers’ fees are neither advanced nor paid directly by individuals in the event of personal injury. The lawyer will be remunerated if he recovers sums in respect of the indemnification; generally, up to 25% of the sums collected. In principle, if you are not compensated, then you owe him nothing.

In the United States, if someone slips in your store or on its sidewalk, you know you could receive a complaint. But you should also know that the law is the same for everyone and that you can in turn obtain strong compensation if you yourself are in a similar situation… So filing a complaint is part of the rules of the game and of American life: that’s why the country holds the world record for complaints and lawsuits!