Each summer, tens of millions of people from across the United States and around the world visit Florida on vacation. Many of these visitors come to South Florida for its famous beaches and nightlife. In contrast, others visit Florida’s world-famous amusement parks, go fishing, play golf, or take cruises to the Caribbean.
Unfortunately, all visitors face injury risks, and each year, numerous people get injured on vacation in Florida.
If you were injured on vacation in Florida, there are some important facts you need to know. While you may be entitled to financial compensation, it will be up to you to protect your legal rights and seek the financial compensation you deserve. You will also need to be careful to avoid some costly (and all-too-common) mistakes. Keep reading to learn more, then contact us for a free, no-obligation consultation with an experienced Florida personal injury lawyer at Silva & Silva.
10 Key Facts for Out-of-State Accident Victims in Florida
Accident victims in Florida are entitled to seek financial compensation for their losses in many cases. If you were injured while visiting Florida on vacation, here are 10 key facts you need to know about filing a claim for just compensation:
1. Many Types of Accidents Can Lead to Personal Injury Claims
Seeking just compensation after an accident generally means filing a personal injury claim, and many types of accidents can give rise to personal injury claims under Florida law. These include (but are by no means limited to):
- Auto accidents (including rental car and rideshare accidents)
- Boating and watersport accidents
- Cruise ship accidents
- Golf cart and low-speed vehicle (LSV) accidents
- Pedestrian, cycling, and scooter accidents
- Slips, trips, and falls
- Swimming pool accidents
Ultimately, if you were injured in any type of accident that you believe was not 100% your fault, it will be worth talking to a personal injury lawyer about your legal rights. As we discuss below, the costs of accident-related injuries can add up quickly, and these are all costs that accident victims can seek to recover under Florida law.
2. Filing a Personal Injury Claim Usually Means Dealing with the At-Fault Party’s Insurance Company
While filing a personal injury claim occasionally means going to court, most successful claims are resolved through out-of-court settlements with the at-fault party’s insurance company. Seeking an insurance settlement requires two key types of evidence: (i) evidence of liability (who was at fault); and (ii) evidence of damages (how much you are entitled to recover).
When you hire a personal injury lawyer to represent you, your lawyer will work quickly to preserve any available evidence of liability before it disappears. Then, your lawyer will work with you and your doctors (both in Florida and back home) to determine how much financial compensation to seek on your behalf.
3. But, Liability Insurance Isn’t Mandatory for Florida Drivers
Although filing a personal injury claim often involves dealing with the at-fault party’s insurance company, it is important to note that liability insurance isn’t mandatory for Florida drivers. This is because Florida is one of the limited number of states that have a “no-fault” auto insurance system.
What does this mean for you if you were injured in an auto accident on vacation in Florida? First and foremost, it means that you need to ensure that you have a clear understanding of the specific cause (or causes) of the collision. It also means that you will need to rely on your personal injury lawyer to determine what insurance coverage is available, and this may include coverage under your own auto insurance policy.
4. You Should Prioritize Your Recovery
Regardless of the type of claim you need to file, it is important that you prioritize your recovery. This means going to the hospital, getting the treatment you need, and resting—even if this interferes with your vacation plans. While we know this can be frustrating, we also know that it is extremely important, as ignoring your medical needs can both add to the costs of your recovery and make it more difficult to secure the financial compensation you deserve.
5. You Should Also Prioritize Protecting Your Legal Rights
Along with prioritizing your recovery, you must prioritize protecting your legal rights. While this may also interfere with your vacation plans, it is vitally important and will be worth it in the end. To protect your legal rights, you should avoid doing anything that could make your injuries worse and seek help from an experienced personal injury lawyer as soon as possible.
6. You Will Need to Hire a Local Personal Injury Lawyer to Represent You
When you have a personal injury claim in Florida, you must hire a local lawyer to represent you. A local lawyer will be familiar with the unique aspects of Florida law and will be able to take your case to court if necessary. A local lawyer may also be familiar with the location of the accident and the companies (including the insurance companies) involved.
7. You Will Want to Choose a Lawyer Who Has Relevant Experience
Different types of accidents present different types of legal considerations and concerns. With this in mind, if you need to file a personal injury claim, you will want to choose a lawyer who has specific experience with your type of case. While this is not a requirement, having someone with relevant experience on your side is generally best when you need to take legal action.
8. The Financial Costs of an Accident on Vacation Can Add Up Quickly
Is it worth taking legal action if you were injured on vacation in Florida? While only you can answer this question, it is crucial to understand that the financial costs of an accident on vacation can add up very quickly. In a typical case, these costs will include:
- Medical care
- Prescriptions and medical supplies
- Therapy and rehabilitation
- Extended hotel or rental home stays
- Additional local transportation
- Change fees for rescheduled flights
- Loss of income and benefits
If your injuries require ongoing care or prevent you from working long-term, the costs of your accident could also continue adding up for a very long time. As a result, filing a successful personal injury claim could be essential for your long-term financial stability.
9. Serious Injuries Can Also Lead to Long-Term Non-Financial Costs
Along with the financial costs listed above, serious injuries can also lead to various non-financial costs. These include things like pain and suffering, scarring and disfigurement, emotional trauma, and loss of enjoyment of life. These are all costs for which financial compensation is available under Florida law, and you can only recover the compensation you deserve if you take legal action effectively.
10. You Should Not Let the Insurance Company Blame You for Your Injuries
One tactic that insurance companies frequently use in personal injury cases is to blame victims for their own injuries. This is especially true in states like Florida, where being primarily at fault in an accident can prevent victims from recovering any financial compensation for their injuries.
In cases involving accidents on vacation, insurance companies will frequently try to blame victims for things like being unfamiliar with their surroundings, being distracted, and taking unnecessary risks. Regardless of what happened, you should not let the insurance companies convince you you are responsible for your losses. Instead, you need to make informed decisions based on the advice of a personal injury lawyer with your best interests in mind.
5 Critical Mistakes to Avoid if You Were Injured on Vacation in Florida
As we said above, in addition to taking steps to protect your legal rights, there are also some costly mistakes you need to be careful to avoid. Here are five examples of critical mistakes to avoid if you are injured on vacation in Florida:
- Waiting Until You Get Home to Deal with Your Situation – While we know it can be tempting to wait until your vacation is over to deal with your situation, you need to put your health and your financial stability first. The longer you wait to seek treatment, the more at risk you will be for experiencing unnecessary complications. Additionally, if you don’t hire a local lawyer to investigate immediately, key evidence you need for your personal injury claim could disappear.
- Trying to Handle Your Situation on Your Own – When you are dealing with serious accident-related injuries, you do not want to try to handle your situation on your own. It is strongly in your best interests to seek advice from an experienced personal injury lawyer, which costs you nothing out of pocket. If you have a claim, your lawyer will be able to help you prove all of the financial and non-financial costs you are entitled to recover, and your lawyer will help make sure you do not settle your claim too soon.
- Failing to Take Detailed Notes About the Accident – Even if you have photos from the accident scene on your phone, it is important to take detailed notes. After a traumatic event, the details can get fuzzy quickly, and this is especially true when the traumatic event occurs in an unfamiliar location. Take some time to write down everything you can remember, and then be sure to have your notes with you during your free initial consultation.
- Posting About the Accident on Social Media – While you may be anxious to post your vacation photos on Facebook or Instagram, you should not post anything (at least for the time being) if you think you may have a personal injury claim. The insurance companies will monitor your accounts, and if you post anything they can use against you, they will not hesitate to do so.
- Assuming There is Nothing You Can Do – One of the biggest mistakes you can make after any accident is assuming there is nothing you can do. As an accident victim, you have clear rights under Florida law, and there are no statutory caps on the compensatory damages you are entitled to recover. You can—and should—take legal action to hold the at-fault party accountable; again, this starts with getting an experienced local personal injury lawyer on your side.
Contact Silva & Silva for a Free, No-Obligation Consultation with an Experienced Florida Personal Injury Lawyer
Were you injured while vacationing in Florida? If so, we strongly encourage you to contact us for more information. We have extensive experience handling various personal injury claims and have helped our clients recover billions of dollars in financial compensation. For a free, no-obligation consultation with an experienced Florida personal injury lawyer, call us at 305-445-0011 or tell us how to contact you online today.