Even the most careful drivers in Sarasota County face risks. If you’re dealing with physical pain and financial stress after a crash with a distracted driver, a Sarasota car accident lawyer at Legler, Murphy & Battaglia, LLP can help you move forward.

We’ve served the Sarasota community since 1989. Our Sarasota, Florida, personal injury lawyers understand how a sudden car accident affects your life and your family. We act to hold negligent parties accountable for accidents so that you can focus on your health.

You shouldn’t have to deal with insurance adjusters or complex legal paperwork while you’re recovering. At Legler, Murphy & Battaglia, LLP, from your first call to the final resolution, our attorneys stay involved.

If the insurance company does not provide a fair settlement after a car accident, we can take your case before a jury. Call us at 941-299-0308 to schedule a free case review. We can meet at our office, your home, or your hospital room to discuss your car accident claim.

Immediate Steps to Take After an Accident

The moments following a car accident are often chaotic, and no Sarasota car accident lawyer will be there to help. What you do at the accident scene can affect your ability to seek compensation later. Your health is the priority. Have a prompt medical exam even if you feel perfectly healthy.

Florida law requires motorists involved in a car accident causing an injury or significant property damage to report the crash immediately. Calling the Sarasota Police Department or Sarasota County Sheriff’s Office ensures a police report is filed.

While you await help, try to gather witness statements and contact information. If you can, take photos of the vehicles, the surrounding area, and any visible injuries.

Immediately after an accident, seek medical care, even for minor symptoms. Florida’s no-fault system requires you to seek medical treatment within 14 days to access your Personal Injury Protection (PIP) benefits. Waiting too long can jeopardize your right to these benefits.

Understanding Florida’s No-Fault Insurance Laws

Florida is a no-fault auto insurance state. In most car accident cases, your own insurance company pays for part of your medical expenses and lost wages through PIP, regardless of who caused the accident. Most Sarasota car accident cases begin with this step.

PIP typically covers 80 percent of reasonable medical costs and 60 percent of lost income, up to a $10,000 limit. But this limit can fall to $2,500 if you do not have an emergency medical condition. This amount won’t cover the full cost of severe or disabling injuries or long-term care.

To initiate a lawsuit against an at-fault motorist, your injuries must satisfy specific legal requirements. You may qualify to seek damages if a car accident caused:

1. a permanent injury
2. the permanent loss of an essential physical function
3. significant and permanent scarring or disfigurement
4. a family member’s wrongful death

We can examine your test results and medical records to determine if your case qualifies. We work with medical experts to document the extent of your injuries and how they will affect your future.

How Modified Comparative Negligence Affects Your Claim

Florida follows a modified comparative negligence system. This system determines what you can recover if you share some blame for the crash.

No party more than 50 percent at fault for their own injuries in a car accident can recover damages. If you are 50 percent or less at fault, you may pursue compensation, but the amount is reduced by your percentage of blame.

Here’s an example. If jurors decide you are 20 percent responsible for a collision and your damages are $100,000, you could still recover up to $80,000. But if you are found 51 percent responsible, you get nothing.

An insurance firm may try to transfer blame to you to avoid paying you a fair settlement. We can consult accident reconstruction experts and use other evidence to protect you from unfair blame.

What is the Deadline for Car Accident Lawsuits?

After a Sarasota car accident, there is a strict deadline for filing a lawsuit. For accidents on or after March 24, 2023, you generally have only two years from the accident date to file a lawsuit.

Missing this deadline usually ends your case. While two years might seem like a long time, a strong car accident claim takes work. Your lawyer needs time to study medical and police records, interview witnesses, and negotiate with insurers and their attorneys.

Starting the process early allows us to preserve evidence before it disappears. Skid marks fade, vehicles are repaired or scrapped, and memories of the car accident scene can change or fade. Contacting a lawyer as soon as possible helps ensure your rights are protected.

What Compensation is Available With a Personal Injury Claim?

When someone else’s negligence injures you in a car accident, you may seek compensation for both economic and non-economic damages. Economic damages are the quantifiable financial losses you suffer. These are usually calculated using receipts and invoices. They include:

1. medical bills
2. future medical expenses
3. lost wages
4. future earning capacity

Non-economic damages reimburse you for the intangible ways the accident changed your life. This includes physical pain, mental anguish, and the loss of enjoyment of life. If a family member was killed in a car accident, surviving relatives may qualify to seek damages with a wrongful death claim.

Common Causes of Car Accidents in Sarasota County

More than 5,000 accidents happen in Sarasota County every year. Most are preventable. We see many cases involving:

1. distracted driving
2. speeding
3. intoxicated driving
4. failure to yield

Let Your Attorney Do the Talking

Insurance adjusters may seem helpful, but their job is to protect the company’s profits. They often try to settle claims swiftly for the lowest amount possible. Be cautious when speaking with them.

You are not required to provide a recorded statement to the other motorist’s insurance company. Anything you say can be used to minimize your injuries or shift blame onto you. Let your car accident lawyer handle all negotiations and communication with the insurance carriers.

Another tactic is to offer a quick settlement before you know the full extent of your injuries. If you accept a settlement too early, you cannot seek more compensation if you need more surgery or physical therapy later. We can ensure your treatment is complete or that we have a clear prognosis before finalizing any negotiations.

Our firm is proud to work for people, not insurance companies. No car accident lawyer at Legler, Murphy & Battaglia, LLP has ever defended an insurance carrier. We know the strategies they use and how to counter them.

Filing a Car Accident Lawsuit

If we cannot reach a just settlement with the insurance company, a Sarasota car accident attorney at Legler, Murphy & Battaglia, LLP can file a lawsuit in civil court.

Our lawyers are familiar with the local rules and the judges who preside over these cases. We manage the discovery process, schedule hearings, and handle the court’s technical requirements.

Dangerous Roads and Accident Hotspots

Sarasota is a beautiful place to live, but traffic on Siesta Key and the high volume of commuters on University Parkway increase the risk of a crash. Our Sarasota car accident attorneys frequently represent clients injured on roadways such as:

1. US Highway 41 (Tamiami Trail)
2. Interstate 75
3. Bee Ridge Road and Clark Road
4. St. Armands Circle

Our local insights and experience allow us to better investigate your claim. We know which intersections have traffic cameras and where specific road conditions might have contributed to your accident, and we use this knowledge to strengthen your personal injury case.

Serious Injuries in Car Accidents

Car crashes can cause a range of physical conditions. Some injuries appear immediately, while others may take days or weeks to become apparent. A Sarasota car accident attorney at Legler, Murphy & Battaglia, LLP can help clients dealing with serious injuries, including:

1. traumatic brain injuries
2. spinal cord injuries
3. soft tissue injuries
4. broken bones
5. internal organ damage

We work with your healthcare team to ensure your medical test results and records reflect the severity of your injuries. This is essential when we pursue compensation for your medical expenses, pain, and suffering.

Our Results for Injured Clients

For the last 35 years, we have recovered millions of dollars for those injured by negligence. While every case is different, our track record shows our commitment to high-level attorney involvement and litigation. Here are a few examples:

1. $5 Million (Motor Vehicle Accident): Our 20-year-old client perished after an intoxicated driver failed to yield the right of way. An arbitration panel awarded $5 million to his surviving parents.
2. $590,000 (Motor Vehicle Accident): Our clients were struck from behind by a driver who was cited for careless driving. They recovered a total settlement of $590,000 based on their injuries.
3. $750,000 (Motor Vehicle Accident): Our client was injured in a vehicle driven by a fellow employee. At first, the insurance carrier denied coverage. After negotiations and a court battle, we recovered substantial compensation for our client.

All of our attorney fees and costs are covered by the compensation we recover for you. If we do not win your case, you do not pay us anything. This allows you to pursue justice without worries about the cost.

Why Choose Legler, Murphy & Battaglia, LLP?

When you hire our law firm, you get personal attention. We are a family-oriented firm that understands injuries affect the whole household. We handle every matter with sensitivity and compassion.

We are accessible. We return calls promptly because we know you have questions about your medical expenses and your future. Many of our staff members have spent their entire careers helping the injured in Sarasota and the surrounding communities.

Most importantly, we do not hesitate to litigate. Some firms only want to settle cases quickly to avoid the work of a trial. We prepare every personal injury case as if it is going to court. This aggressive approach often forces insurance companies to offer a more generous settlement.

Frequently Asked Questions About Sarasota Car Accident Claims

What if the Other Driver Doesn’t Have Insurance?

Florida has a high rate of uninsured drivers. If you are injured by someone without insurance, you may be able to use your own Uninsured Motorist (UM) coverage. We can review your policy to see what options are available to cover your medical expenses and lost income.

Should You Go to the Doctor if You Don’t Feel Pain Yet?

Yes. Some injuries may not show symptoms immediately. Furthermore, Florida’s PIP laws require you to seek treatment within 14 days to preserve your benefits.

How Much is Your Auto Accident Case Worth?

The value of a car accident claim depends on several factors. We look at the severity of your injuries, the cost of your medical bills, your lost wages, and whether you share any fault for the crash, and we work to maximize the value of your case.

Will You Have to Go to Court?

Most car accident cases settle before going to trial, but if the insurance company does not offer enough to cover your needs, we can take your case to a jury. We stay involved in every detail from the initial filing through the jury verdict.

How Do We Prove Negligence in a Car Accident?

We gather key evidence, including the police report, witness statements, and surveillance footage. We may also hire an accident reconstruction specialist to determine how the collision took place and who was at fault.

How to Contact an Experienced Car Accident Attorney

In the aftermath of a crash, Legler, Murphy & Battaglia, LLP can provide the guidance you need. We have protected the rights of the injured in the Sarasota area since 1989. We can also help clients obtain the medical benefits and funds to which they’re entitled.

You can expect 100% attorney involvement when you work with our law firm. We have the resources of a well-established firm, but we can provide the focus and personal attention you deserve.

Call Legler, Murphy & Battaglia, LLP in Sarasota, Florida at 941-299-0308 for a free consultation. We handle all injuries, all the time, and there are no fees unless we prevail on your behalf.