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We Help Navigate the Aftermath of a Car Accident

Feeling overwhelmed in the hours, days, and weeks following a car accident in Clearwater is perfectly normal. Dealing with physical pain, medical bills, work restrictions, and emotional trauma can be incredibly stressful. During this challenging time of recovery, the last thing you should worry about is handling your car accident claim on your own.

That's why it's crucial to seek assistance from a trusted car accident lawyer in Clearwater at Carlson Meissner & Hayslett. For years, our car accident attorneys have been supporting car accident victims through the complex process of filing a personal injury claim. With over 125 years of combined legal experience, we are well-prepared to handle even the most intricate cases.

If you've been injured in a car accident that wasn't your fault, don't hesitate to contact our law firm and schedule a free consultation today. Let us handle your legal concerns while you focus on your recovery.

Carlson Meissner & Hayslett: Attorneys Discuss Personal Injury

Attorney Jennifer A. Burns

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What Are Common Causes of Car Accidents in Clearwater?

Distracted Driving

Texting, talking on the phone, eating, or using in-car technologies can divert a driver’s attention and lead to accidents.

Speeding

Driving above the speed limit or too fast for road conditions reduces reaction time and increases the severity of collisions.

Driving Under the Influence

Alcohol and drugs impair a driver’s ability to make safe decisions, significantly increasing the risk of accidents.

Reckless Driving

Aggressive behaviors such as tailgating, weaving through traffic, and running red lights contribute to many accidents in Clearwater.

Weather Conditions

Rain, fog, and wet roads can reduce visibility and traction, making it difficult for drivers to maintain control.

Failure to Yield

Ignoring traffic signals or failing to yield the right of way can cause serious collisions at intersections.

Fatigue

Drowsy driving can be as dangerous as driving under the influence, leading to slower reaction times and poor decision-making.

Vehicle Defects

Mechanical failures, such as brake malfunctions or tire blowouts, can lead to accidents.

Car Crashes Involving Injuries Statistics in Clearwater

The Florida Department of Highway Safety and Motor Vehicles gathers data and conducts research to deliver essential information and insights. They offer the following statistics for Pinellas County from January 1, 2024 through August 10, 2024:

ALL CRASHES: 8,291

FATALITIES FROM ALL CRASHES: 58

INJURIES FROM ALL CRASHES: 5,031

TOTAL FATAL CRASHES: 55

TOTAL INJURY CRASHES: 3,500

TOTAL BICYCLE CRASHES: 448

TOTAL BICYCLE FATALITIES: 5

TOTAL MOTORCYCLE CRASHES: 218

TOTAL MOTORCYCLE FATALITIES: 12

TOTAL PEDESTRIAN CRASHES: 277

TOTAL PEDESTRIAN FATALITIES: 15

TOTAL HIT AND RUN CRASHES: 2,183

TOTAL HIT AND RUN FATALITIES: 4

TOTAL HIT AND RUN INJURIES: 413

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Clearwater’s Most Dangerous Roadways

Certain roads in Clearwater are known for being particularly hazardous due to high traffic volumes, complex intersections, and frequent accidents:

  • U.S. 19: As one of the busiest highways in the area, U.S. 19 sees a high number of accidents, particularly at intersections with heavy traffic flow.
  • Gulf to Bay Boulevard: This major east-west thoroughfare is notorious for its congested traffic and frequent collisions, especially during peak hours.
  • Court Street: Running through downtown Clearwater, Court Street is a hot spot for accidents, particularly where it intersects with other major roads.
  • McMullen Booth Road: This road experiences a high number of accidents, often due to speeding and aggressive driving, especially near the intersections with State Road 580 and Drew Street.
  • Drew Street: Another busy roadway, Drew Street sees its fair share of accidents, particularly where it intersects with U.S. 19 and McMullen Booth Road.

If you drive on these or other high-risk roads, exercise extra caution. In the event of an accident, Carlson Meissner & Hayslett are here to help you navigate the legal process and pursue the compensation you deserve.

What Are Common Types of Car Accident Injuries?

Exploring Common Car Accident Injuries: Our Dedication to Representing Victims' Rights

Each year, numerous individuals suffer serious injuries or lose their lives in motor vehicle accidents. For over three decades, the attorneys at Carlson Meissner & Hayslett have passionately advocated for car accident victims in Clearwater and the surrounding areas who have experienced a broad spectrum of injuries, which include:

  • Head injuries
  • Traumatic brain injury (TBI)
  • Spinal cord injuries
  • Amputation injuries
  • Internal injuries
  • Broken or fractured bones
  • Soft tissue injuries

While the severity of these injuries may vary, every car accident injury can have profound consequences that may significantly impact one's life.

Paramedics helping an injured person.

What to Do After a Car Accident: How to Protect Your Rights

Being involved in a car accident can be a frightening experience, but knowing what to do immediately after can help protect your rights:

  1. Ensure Safety First: Check yourself and your passengers for injuries. If it's safe, move your vehicle out of traffic to avoid further danger. Turn on your hazard lights to alert other drivers.
  2. Call 911: Report the accident to the police, even if it seems minor. An official report can be crucial for your insurance claim and legal case.
  3. Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. It's important to get checked by a healthcare professional as soon as possible.
  4. Document the Scene: Take photos and videos of the accident scene, including damage to all vehicles, road conditions, traffic signs, and any visible injuries. This evidence can be vital for your case.
  5. Exchange Information: Obtain the names, contact details, driver's license numbers, and insurance information from all involved parties. Also, gather contact information from any witnesses.
  6. Avoid Admitting Fault: Be careful with your words at the scene. Do not admit fault or apologize; this can be used against you later.
  7. Notify Your Insurance Company: Report the accident to your insurance provider promptly. Stick to the facts and avoid speculating about fault or the extent of injuries.
  8. Consult an Attorney: Contact us to discuss your rights and options. An experienced Carlson Meissner & Hayslett car accident attorney in Clearwater can help you navigate the complexities of your case, ensuring you receive the compensation you deserve.

Process of Filing a Car Accident Claim in Clearwater

Filing a car accident claim in Clearwater involves several crucial steps to ensure you receive the compensation you're entitled to:

1. Seek Immediate Medical Attention

Your health is the top priority. Even if injuries seem minor, getting a medical evaluation ensures your well-being and provides documentation of your injuries, which is critical for your claim.

2. Report the Accident

Florida law requires you to report any car accident involving injury, death, or significant property damage to the police. Obtain a copy of the police report, as it will be a key piece of evidence.

3. Gather Evidence

Collect as much information as possible from the accident scene. Take photos of the vehicles, road conditions, and any visible injuries. Get contact information from witnesses and exchange details with the other driver(s), including insurance information.

4. Notify Your Insurance Company

Florida operates under a no-fault insurance system, so you must first file a claim with your own insurance company, regardless of who was at fault. Notify your insurer immediately and provide them with all necessary details.

5. Consult an Attorney

Start by scheduling a free consultation with an attorney at Carlson Meissner & Hayslett. We will review your case, answer your questions, and discuss your legal options.

6. File Your Claim

Work with your attorney to file the claim. This includes submitting all relevant documentation, such as the police report, medical records, and evidence of lost wages. Your attorney will help ensure all deadlines are met and that your claim is handled properly.

7. Negotiations and Settlement

Insurance companies may offer a settlement, but it may not cover all your expenses. Your attorney will negotiate on your behalf to reach a fair settlement. You may need to file a lawsuit if an agreement cannot be reached.

8. Lawsuit Filing (If Necessary)

If negotiations fail, your attorney can file a lawsuit against the at-fault driver. Florida's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit.

9. Receiving Compensation

If your claim or lawsuit is successful, you may receive compensation for medical expenses, lost wages, property damage, pain and suffering, and more.

Understanding Your Right to Compensation

No two car accident claims are identical, as various elements come into play when determining the compensation you deserve for your car accident injuries. These essential factors include:

  • Severity and extent of your injuries
  • Your prognosis for recovery
  • Impact of injuries on your ability to work and earn income
  • Physical and mental suffering resulting from your injuries
  • Types of medical treatments received
  • Liability assessment

Every car accident victim has the right to seek compensation for their expenses and losses arising from their injuries. This encompasses:

  • Current and future medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Mental and physical pain and suffering

Precisely calculating the value of injury-related expenses and losses can be challenging. Therefore, it's crucial not to accept an insurance company's offer until you've consulted with a car accident attorney. This way, you can avoid the mistake of settling for an amount far below what you genuinely deserve.

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What Damages Are Available After a Crash?

Economic Damages

Economic damages are intended to compensate you for the financial losses directly related to the accident. These may include:

  • Emergency care, hospital stays, surgeries, medications, rehabilitation, and any future medical needs related to your injuries
  • Compensation for income lost due to your inability to work during recovery, as well as any future lost earning capacity if your injuries prevent you from returning to your job
  • Reimbursement for the repair or replacement of your vehicle and any other personal property damaged in the accident
  • Out-of-pocket expenses such as transportation to medical appointments, hiring help for household chores, and any other expenses directly related to the accident

Non-Economic Damages

Non-economic damages are intended to compensate you for the intangible losses you have suffered due to the accident. These may include:

  • Compensation for the physical pain and discomfort experienced due to your injuries
  • Compensation for the psychological impact of the accident, including anxiety, depression, and post-traumatic stress disorder (PTSD)
  • Loss of enjoyment of life

If your injuries have affected your relationship with your spouse, including the loss of companionship and intimacy, damages may be awarded to both you and your spouse.

Punitive Damages

In cases where the at-fault party’s behavior was particularly reckless or malicious, the court may award punitive damages. Keep the following in mind:

  • These damages are not intended to compensate the victim but to punish the wrongdoer and deter similar behavior in the future
  • Punitive damages are less common and are typically awarded in cases involving gross negligence, such as drunk driving

Factors That Can Affect Car Accident Claims

The following factors can influence the outcome of a car accident claim in Clearwater:

  • The extent and seriousness of your injuries, as more severe injuries often result in higher settlements
  • Establishing who is at fault is critical; if liability is disputed, it can complicate the claims process and affect the amount of compensation
  • The at-fault driver’s insurance coverage can limit the amount you can recover
  • Prompt and continuous medical care, as gaps in treatment or failure to follow medical advice, can be used by insurance companies to argue that your injuries aren’t as serious as claimed
  • Florida follows a comparative negligence rule, meaning if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault.
  • If you have prior injuries or conditions, the insurance company may argue that your current injuries were not caused by the accident, potentially reducing your compensation
  • Witness testimony, as credible witnesses who can corroborate your account of the accident, strengthen your claim
  • The quality and quantity of evidence, including photos, videos, police reports, and medical records
Cars that have crashed into each other

How Do You Prove Negligence?

Proving negligence is a critical component of a successful car accident claim. In Florida, negligence is established by demonstrating the following elements:

  • Duty of Care: The driver owed you a legal duty to operate their vehicle safely and follow traffic laws.
  • Breach of Duty: The driver breached this duty by acting carelessly or recklessly, such as by speeding, texting while driving, or running a red light.
  • Causation: The driver’s breach of duty directly caused the accident and your resulting injuries.
  • Damages: As a result of the accident, you suffered actual damages, such as medical expenses, lost wages, and pain and suffering.
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Understanding Florida’s No-Fault Insurance

Florida is a no-fault state, meaning that after a car accident, your own insurance company pays for your medical expenses and lost wages, regardless of who was at fault. This system is designed to streamline the claims process and reduce the need for litigation.

Under Florida’s no-fault insurance law, drivers are required to carry Personal Injury Protection (PIP) coverage, which typically provides:

  • Up to 80% of your medical expenses
  • Up to 60% of your lost wages
  • A $10,000 minimum coverage limit

However, if your injuries are severe and meet the threshold for filing a lawsuit, you may pursue additional compensation from the at-fault driver’s insurance company. Our attorneys can help you navigate the complexities of Florida’s no-fault system and determine the best course of action for your case.

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What Is the Statute of Limitations in Florida?

For most car accident cases, Florida’s statute of limitations is two years from the date of the accident. This means you have two years to file a lawsuit seeking compensation for your injuries and damages.

If you fail to file within this time frame, you may lose your right to pursue legal action, making it crucial to consult with an attorney as soon as possible. Certain exceptions may apply, such as in cases involving government entities or wrongful death, which may have shorter or longer time limits.

At Carlson Meissner & Hayslett, we ensure that all necessary legal actions are taken promptly, protecting your rights and preserving your ability to seek compensation.

How Our Accident Attorneys Advocate for Your Rights and Compensation

Knowing what to expect when working with a Clearwater personal injury attorney after a car accident is essential. When you reach out to our law firm, we prioritize your needs and schedule a free initial consultation with one of our experienced attorneys. Should you decide to proceed with our firm, we promptly initiate a comprehensive investigation into the accident, where we:

  1. Create a detailed accident reconstruction to determine the cause and liability.
  2. Review your medical records to assess the extent of your injuries and prognosis.
  3. Carefully evaluate the evidence to identify all responsible parties.

Once the investigation is complete, we proceed to ascertain all potential insurance coverage sources and commence negotiations.

Potential liable parties may include:

  • Other motorists
  • Vehicle and component part manufacturers in cases involving SUV rollovers or defects
  • Trucking companies and employers in cases involving commercial vehicles

Throughout the entire process, we remain by your side, safeguarding your rights and vigorously fighting for the compensation you rightfully deserve. While recovering compensation is not guaranteed in every car accident case, hiring our attorneys significantly enhances your chances of obtaining the rightful compensation as per the law.

Free Consultation: Your Path to Compensation After a Car Accident in Clearwater

Have you suffered injuries in a car accident in Clearwater with another driver at fault? If so, you may be eligible for compensation. Waste no time and reach out to an experienced Carlson Meissner & Hayslett car accident lawyer in Clearwater to discuss your case. Allow us to review the details, explain your legal options, and vigorously fight to maximize the compensation you rightfully deserve for your injuries. To schedule a free consultation for your case, call us at 727-219-2272 or fill out the form on our website.

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Car Accident FAQ

How much does a car accident lawyer in Clearwater cost?

Why should I file a car accident claim?

How do I know if I have a car accident case?

How long after a car accident can I file a lawsuit in Clearwater?

What if the other driver does not want to call the police?

Should I accept an accident settlement?

How long does it take to settle a car accident claim?

What is my case worth?

How much does a car accident lawyer in Clearwater cost?

Most car accident lawyers in Clearwater work on a contingency fee basis. This means you don’t pay any upfront fees. Instead, the lawyer will receive a percentage of the settlement or court award, typically around 33% to 40%, depending on the case's complexity and whether it goes to trial. You usually won’t owe any legal fees if you don't win your case.

Why should I file a car accident claim?

Filing a car accident claim is essential to recovering compensation for your injuries, damages, and losses. It helps cover medical bills, vehicle repairs, lost wages, and pain and suffering. Additionally, it holds the at-fault party accountable, which can deter negligent behavior in the future. You may have to bear these costs out of pocket without filing a claim.

How do I know if I have a car accident case?

You may have a car accident case if you were injured or suffered property damage due to another driver’s negligence. Key factors include proving that the other driver was at fault, that you suffered actual harm, and that there is a connection between the accident and your injuries or damages. Consulting with a lawyer can help you understand the strength of your case.

How long after a car accident can I file a lawsuit in Clearwater?

In Clearwater, Florida, the statute of limitations for filing a personal injury lawsuit after a car accident is typically two years from the date of the accident. However, acting promptly is crucial, as gathering evidence and building a case can take time. You may lose your right to pursue compensation if you miss the deadline.

What if the other driver does not want to call the police?

Even if the other driver doesn't want to call the police, it's important that you do so. A police report is a crucial piece of evidence when filing an insurance claim or lawsuit. It provides an official account of the accident, including details of the scene, statements from both drivers and the officer’s observations, which can support your case.

Should I accept an accident settlement?

Before accepting any settlement offer, it’s advisable to consult with a car accident lawyer. Insurance companies often offer lower settlements than you may be entitled to. A lawyer can help assess whether the offer is fair based on your medical expenses, lost wages, and other damages. If the offer is too low, your lawyer can negotiate on your behalf or take the case to court.

How long does it take to settle a car accident claim?

The time it takes to settle a car accident claim can vary widely. It could take a few months to over a year, depending on the case's complexity, the severity of injuries, and whether the case goes to trial. Factors like negotiations with insurance companies and the time needed for medical recovery can also affect the timeline.

What is my case worth?

The value of a car accident case depends on several factors, including the extent of your injuries, medical expenses, lost income, property damage, and pain and suffering. Other considerations include the degree of fault of each party and the limits of insurance coverage. Carlson, Meissner & Hayslett can help estimate the potential value of your claim after reviewing the specifics of your case.

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