Tampa Car Accident Lawyer

How Do You File a Claim After a Car Accident in Tampa?

Living in such a dangerous road environment, you or a loved one may have suffered a severe injury or death in Tampa. Car crashes can happen anywhere – from I-75 to residential streets in the Channel District.

You might be heading to work, taking your kids to the beach, or going shopping, and you might end up in the emergency room of Tampa General Hospital due to crash injuries.

Throughout Florida, car accident cases are personal injury cases typically resulting from negligence.

You will begin by filing an insurance claim with your no-fault insurance company and, if you meet the requirements, with the at-fault driver’s insurance company.

Always have an experienced attorney handle the process, whether filing a no-fault claim or a fault-based claim.

• Duty of Care. The driver who injured you owed you a duty of care. Since the other driver assumed that duty of care when they accepted a driver’s license, this one is usually not difficult to prove. Every driver must follow all traffic laws, pay attention to the road, and drive reasonably safely to prevent accidents and injuries. Drivers owe this duty to other drivers, passengers, motorcyclists, bicyclists, pedestrians, and others on the road.

• Breach of Duty. The person who injured you breached that duty of care. At its simplest, this breach means that the at-fault driver failed to drive carefully. This breach can mean that the driver violated the speed limit, ignored traffic signs or signals, changed lanes recklessly, ignored bad weather, or drove under the influence.

• Injuries Sustained. The breach of the duty of care by the at-fault driver caused your injury. Caused means two things in this context. First, it means that, but for the careless actions of the at-fault driver, your injury would not have happened. Second, the at-fault driver should have reasonably foreseen that your injury would result from the careless act.

• Damages. You suffered compensable damages from the injury. Damages can include compensation for medical bills, lost wages and pain and suffering. If your injuries are such that you can be made whole by financial compensation, you have met the standard for recovering in a negligence lawsuit.

This might seem straightforward, but proving negligence and liability for an auto crash can be anything but simple. You want a car accident lawyer to handle this process from the beginning.

What Are Common Injuries in a Tampa Auto Accident?

Here are some of the most common injuries that can occur in auto accidents in Tampa:

• Whiplash: A neck injury caused by sudden back-and-forth head movement, common in rear-end collisions.
• Soft tissue injuries: Sprains, strains, and bruising to muscles, ligaments, and tendons.
• Head injuries: These range from mild concussions to severe traumatic brain injuries (TBIs).
• Back injuries: Including herniated discs, spinal cord injuries, and other back trauma.
• Broken bones: Fractures to arms, legs, ribs, and other bones from the impact.
• Cuts and lacerations: From broken glass or contact with sharp surfaces in the vehicle.
• Knee injuries: Often caused by impact with the dashboard.
• Shoulder injuries: From seatbelt restraint or impact with car interior.
• Psychological trauma: Such as PTSD, anxiety, or depression following the accident.
• Internal injuries: These are to organs like the liver, spleen, or lungs, which may not be immediately apparent.

The severity of these injuries can vary widely depending on factors like the impact speed, use of safety equipment, and the type of collision. You must seek medical attention after an accident, even if injuries aren’t immediately apparent, as some symptoms may appear later.

Not only does seeking medical treatment help ensure your health and well-being, it also creates documentation that you suffered an injury and got medical attention. This helps link your injuries to the car accident.

What Damages Can My Tampa Car Accident Lawyer Recover?

In general, however, your lawyer can recover damages from your personal injury protection policy, your insurance company, or the at-fault driver’s insurance company for all the different losses and catastrophic injuries you suffer in a car accident.

The significant damages you can recover in a car accident case include:

• Medical Expenses. This includes all your medical bills, doctor bills, hospital costs, healthcare personnel costs, drugs, medical treatment, equipment rentals, physical therapy, and rehabilitation costs related to your medical care. If your injuries are severe, you might need ongoing care, and a car accident lawyer at our personal injury law firm will take future medical bills into account.

• Property Damage. If you suffered significant injuries in your automobile accident, your car likely also sustained substantial damage. The costs of vehicle repair or replacement are also recoverable.

• Lost Wages. If you have been forced to take time off work and have lost income, those lost wages are damages you can recover. You must provide copies of previous pay stubs to demonstrate what you would have made if you had not missed the work.

• Loss of Earning Capacity. If your injuries mean you will be unable to return to work, or at least return to the work you used to do, you will probably experience a long-term reduction in your income. This long-term loss in your income potential represents damages you can recover.

• Pain and suffering. You can recover compensation for the physical pain and suffering you experience due to your injuries and their effects.

• Loss of Motor Function. Sometimes, your accident doesn’t paralyze you, but it does impact the motor skills you have developed in your life. Even a slight loss of your fine motor skills can be devastating in the long term. Expert testimony will establish the extent of your loss.

• Loss of Executive Function. Highly skilled professional or executive jobs require specific cognitive skills that one can lose in a head injury. Since the positions that require executive function can generate high income, the loss of executive function can be utterly destructive of your pre-existing lifestyle.

• Emotional Damages. The loss of physical or mental function can cause long-term emotional damage to the victim. Scarring can damage the victim’s self-confidence and social skills. In contrast, losing previous mental or physical skills can diminish the ego by reducing the ability to work and earn the living one expects.

• Wrongful Death Damages. If someone caused a Tampa car accident that killed a close family member, you may qualify to seek damages through a wrongful death action. An attorney can determine whether you are eligible and advocate for you and your family to get compensation for funeral and burial expenses, final medical expenses, loss of income and support, and other damages.

How much is my Tampa car accident case worth?

That is a question we hear all the time. Injured auto accident survivors naturally want to know how much compensation they can recover after a crash.

When you meet with an attorney for a free evaluation, your lawyer can review the particular details of your case and determine how much your personal injury lawsuit is worth.

Who is To Blame for Your Car Accident Injuries and Damages?

A car accident can be the fault of many different parties. But, of course, other drivers are the most apparent at-fault party. Still, it’s not always other drivers, or other drivers may be responsible in addition to other parties. Your Tampa car accident lawyer can help you find all liable parties so that you can maximize your claim.

Government Agencies

In certain situations, our car accident attorneys can hold government agencies liable for a car accident. For example, if the accident involved a poorly designed road, a malfunctioning traffic light, or a missing road sign, an experienced car accident lawyer might hold a government agency liable.

Auto or Auto Parts Manufacturers

Companies that design, make, and market cars and car parts are responsible for ensuring their products are safe. Our car accident attorneys in Tampa will hold those companies liable for damages if a design flaw or manufacturing defect causes a car accident. For instance, if a car’s brake pads were faulty and caused its driver to hit another vehicle.

Employers

Many drivers are on the road because of their jobs. They deliver packages, flowers, gifts, food, and many other goods. Additionally, they may be heading to a construction site or meeting with a client. No matter the reason, if a driver is on the clock and causes an auto accident, a car accident attorney can help determine whether their employer is also liable for your injuries.

Owners of Other Vehicles

If another driver hits you and they don’t own the car they hit you with, you may have a claim against the vehicle’s owner. For example, suppose a teen driver hit you in their parents’ car. In that case, you likely have a claim against the parent, who is the vehicle’s registered owner, in addition to the teen who hit you.

What Happens When Multiple Parties Are Liable in Auto Accident Cases?

Sometimes, multiple motor vehicles are involved in an accident. This means there can be more than one party responsible for the accident. Multiple parties can share the blame, even auto crash involving just two motor vehicles.

No matter which parties caused your accident, have an experienced auto accident lawyer represent you.

Unfortunately, you can’t rely on insurance companies to prioritize your best interests. They hire accident investigators who will determine liability for multi-car accidents. However, those investigators are essentially paid to find evidence that someone other than the insurance company’s client bears liability.

At Boohoff Law, P.A. — Auto Accident Lawyers, our car accident attorneys will look out for you, not the insurance company or anyone else.

Our lawyers often file a claim against all the other drivers’ insurance companies. We will then conduct our investigation to determine who is at fault for the car accident.

Depending upon the complexity of the accident, the severity of your injuries, and the number of parties involved, your lawyer may hire a private investigator or an accident reconstructionist.

Among many other things, our Tampa auto accident lawyer can also:

• Obtain sworn witness statements
• File subpoenas to discover all available insurance policies and coverage limits for each driver involved
• Run asset checks on the at-fault parties

How to Build Your Injury Case

Each damage you claim requires evidence. For example, lost wages and loss of earning capacity require documents showing what you used to earn and have missed so far.

Loss of earning capacity will also require expert testimony to prove, had you not suffered an injury, what you would have earned, what promotions and raises you may have received, and how inflation might affect your income and savings.

You will need expert medical testimony for expenses like long-term medical bills, rehabilitation, and assistive care. Testimony will establish how long you will need care and its costs.

Rehabilitation involves service personnel who are paid by the session. It may require that you purchase equipment to aid in your rehab or make your home more user-friendly for your post-accident condition.

For emotional expenses like depression, other mood disorders, and loss of cognitive function, psychiatric expert testimony is necessary. Psychiatric therapy is expensive and can take years to work.

Trying to recover from the loss of executive function takes psychological therapy and may never be fully recovered. These damages require long-term treatment and rehabilitation and may never go away. Their impact on your life can be equally intractable.

Building a motor vehicle accident case means collecting evidence and interviewing eyewitnesses. That can take time and work! For this reason alone, injured car crash victims should have an experienced car accident attorney in their corner. Automobile accidents are complex, and gathering evidence takes experience. At Boohoff Law Firm, our Tampa car accident lawyers have years of experience handling these motor vehicle claims, and we know how to win!

How Long Do I Have to File a Tampa Car Accident Lawsuit?

In Florida, motor vehicle accident victims must file a personal injury lawsuit within two years of the date of the accident, according to Florida Statutes section 95.11(3)(a). This Florida law is known as the statute of limitations. If you miss this deadline, you cannot file a future personal injury claim.

While this might seem like a long time, it can pass quickly, especially when car crash victims have extensive injuries. In addition, valuable evidence is often lost, and eyewitnesses forget crucial details if you wait too long after your car accident.

For these reasons, contacting an experienced lawyer immediately after your injury accident is essential. Your experienced attorney will gather all the necessary evidence, interview eyewitnesses, gain copies of the police report, and ensure you do not miss any crucial deadlines.

Types of Car Accidents

Every car accident is unique and can cause serious injuries and property damage. The kind of car accident you are involved in doesn’t necessarily impact the degree of your injuries. You can have a minor rear-end accident at low speeds and still sustain a severe neck or back injury. On the other hand, you can walk away from a high-speed rollover accident with just a few bumps and scrapes.

Common types of car accidents in Tampa include

• Head-On Collisions
• Highway Construction Accidents
• Intersection Accidents
• Interstate Accidents
• Rear-End Accidents
• Side-Impact Accidents
• Rollover Accidents

Common Causes of Motor Vehicle Collisions

Although many different parties can be found liable for a car accident, the negligence of other drivers is a frequent cause of most car accidents. Their negligence usually arises from one or more of the following:

Distracted Driving

Distracted driving is one of the top causes of motor vehicle accidents in every state. Drivers may be distracted while talking, texting, using social media, grooming, reading, drinking, or eating.

Driver Inexperience

Many drivers lack the knowledge and experience to drive as safely as needed on U.S. roads. Unfortunately, this leads to many accidents, injuries, and fatalities yearly.

Drug or Alcohol Use

Alcohol, marijuana, illicit drugs, and even prescription medications can cause a driver to be unable to make sound judgment calls or react appropriately behind the wheel. Drunk driving in Tampa is one of the leading causes of injury and death on the road.

Speeding

Unfortunately, in most cities, drivers speed all the time. These drivers make for dangerous roads, whether simply keeping up with traffic, running late to an appointment, or work not paying attention. In addition, many drivers don’t adjust their speeds in poor weather, road conditions, or construction zones.

Failing to Stop at Red Lights and Stop Signs

About 40 percent of car accidents happen at intersections, with the primary cause being a vehicle running a red light or a stop sign. Far too many drivers ignore these critical signs and signals, causing others to suffer terrible injuries, some of them fatal.

Reckless Driving

Reckless driving can take on many forms, including:

• Changing lanes too quickly
• Blatantly disregarding the safety or property of others sharing the road
• Intentionally failing to abide by cautionary measures

Even though a reckless driver may not want to hurt others, they can cause a car accident.

Aggressive Driving

Intentional traffic offenses that endanger other drivers or their property, including speeding, are examples of aggressive driving.

Fatigue

At least 50 percent of American adults say they have been behind the wheel drowsy. A frightening 20 percent of drivers have fallen asleep at the wheel. Furthermore, one in 25 drivers had fallen asleep at the wheel last month in the past year. Drowsy driving is responsible for a large percentage of car accidents.

Drowsiness, fatigue, or exhaustion can impair a driver’s ability to respond competently, react, or discern road and driving conditions. The effects of drowsiness and fatigue are similar to intoxicated driving.

Tampa Motor Vehicle Accident Statistics

According to the Florida Highway Safety and Motor Vehicles (FHSMV), last year alone, Hillsborough County had:

• 28,021 motor vehicle crashes
• 273 fatalities from 256 crashes
• 18,691 injuries from 12,156 crashes
• 7,321 hit-and-run crashes
• 1,927 hit-and-run injuries

If you or someone you love was involved in a car accident, it’s in your best interest to contact an experienced Tampa car accident attorney as soon as possible. The sooner you reach out for help, the sooner they can begin collecting evidence and protecting your interests.

Tampa’s Most Dangerous Roads and Intersections

Regarding motor vehicle accidents, many of Tampa’s roads and intersections are notorious for their hazards. A single road is home to several hazardous intersections. Waters Avenue West contains the three most dangerous intersections in Hillsborough County.

One study examined the number of auto accidents in recent years. It revealed that the ten most dangerous intersections in the Tampa area include:

• Sheldon Road at Waters Avenue West (107 crashes)
• Anderson Road at Waters Avenue West (103 crashes)
• Waters Avenue West at Hanley Road (98 crashes)
• Hillsborough Avenue West at Sheldon Road (96 crashes)
• 301 Highway South at Gibsonton Drive (95 crashes)
• Waters Avenue at Himes Avenue North (89 crashes)
• 301 Highway South at Big Bend Road (86 crashes)
• Bruce B. Downs Blvd at Fletcher Avenue East (84 crashes)
• Bloomingdale Avenue at Bell Shoals Road (82 crashes)
• Bloomingdale Avenue at Providence Road (81 crashes)

According to the Hillsborough County Sheriff’s Office data, problematic intersections exist across the Tampa Bay area. Why are so many intersections in Tampa dangerous? Perhaps one reason is that the average work commute is getting longer throughout the region.

U.S. Census data shows that approximately 20 percent of Tampa residents spend over 45 minutes commuting to work every day. Additionally, about 117,000 Tampa residents spend more than an hour driving to work and then repeating the process on their way home every day.

Crowded roadways also lead to driver frustration. Frustrated drivers are more likely to violate traffic laws to reduce their commute by a few minutes, increasing the total number of car accidents.

Other dangerous roads in and around Tampa include:

• U.S. 301 and Gibsonton Drive, Riverview
• Busch Boulevard
• 15th Street between Fowler and Fletcher Avenues
• Lois and Bay-to-Bay
• Gibsonton Drive/Boyette Road from I-75 to Balm Riverview Road
• Brandon Boulevard from Falkenburg Road to Dover Road
• Hillsborough Avenue from Longboat Boulevard to Florida Avenue
• Fletcher Avenue from Armenia Avenue to 50th Street
• Dale Mabry from Hillsborough Avenue to Bears Avenue
• Lynn Turner from Gunn Highway to Ehrlich Road
• Meridian Avenue from Channelside Drive to Twiggs Street
• Bruce B. Downs from Fowler Avenue to Bearss Avenue
• 50th/56th St. from MLK Boulevard to Hillsborough Avenue

How Our Tampa Car Accident Lawyers Can Help You Get Compensation

Our Tampa car accident lawyers can help you get the compensation you need for the serious injuries or losses you suffered in a Tampa car crash someone else caused:

• Thorough accident investigation: We gather and analyze police reports, witness statements, and surveillance footage to support your claim and build a strong case. We consult accident reconstruction experts and obtain medical records to document your injuries. We can also help you collect and preserve physical evidence from the accident scene.

• Determining liability: We analyze Florida traffic laws to establish who violated regulations. We identify all potentially liable parties and build a case demonstrating the other party’s negligence.

• Comprehensive damage calculation: We assess current and future medical expenses related to the accident and calculate lost wages and potential loss of future earning capacity. We also evaluate non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life, considering long-term costs for severe injuries requiring ongoing care.

• Insurance company negotiations: We handle all communication to protect clients from making statements that could harm their case. We navigate complex insurance policies to maximize coverage and counter lowball settlement offers with evidence-backed demands.

• Legal paperwork and deadlines: We’ll file the lawsuit within Florida’s statute of limitations and prepare all court documents correctly and on time. We’ll also respond to motions or requests from the opposing party.

• Case-building strategies: We’ll develop a compelling narrative of the accident and its impact on your life. We’ll prepare visual aids and expert testimony to strengthen your case, and we’ll anticipate and prepare counterarguments to the defense’s strategies.

• Court representation: If necessary, we’ll present the case persuasively to a judge and jury, making opening and closing arguments emphasizing your right to fair compensation. We’ll also cross-examine witnesses and challenge opposing evidence to poke holes in the defense’s case and improve your odds of getting a favorable verdict.

• Ongoing legal guidance: Throughout the process, we’ll explain complex legal concepts in understandable terms and advise you on the pros and cons of settlement offers versus going to trial. You can count on us to inform you about the progress and significant developments of your case. We’ll also respond to your questions and concerns promptly.

• Handling complex cases: Our attorneys are adept at navigating additional challenges involving uninsured/underinsured motorists. We address unique aspects of accidents involving commercial vehicles or rideshare services and effectively manage cases with multiple liable parties or disputed fault.

• Maximizing compensation: We explore all possible avenues for recovery, including personal injury protection (PIP) insurance and bodily injury liability coverage. We negotiate for structured settlements in cases of severe, long-term injuries and seek punitive damages in cases of extreme negligence or reckless behavior.

By providing these comprehensive services, our Tampa car accident lawyers aim to relieve you of your legal burdens while working to secure the best possible outcome.

Contact a Car Accident Attorney in Tampa Today

If you’re concentrating on getting back to normal after you or a loved one survived a Tampa car accident, you need someone to fight by your side.

Our car accident lawyers know that no two cases are ever quite the same. We also know that car accident injuries can be severe and can last a lifetime. Our attorneys work diligently to protect your rights to compensation and your future.

We know how to go toe-to-toe with the insurance company and fight aggressively for what you deserve. Car accident victims deserve a law firm that can put them first. They deserve Boohoff Law.

Let the skilled car accident attorneys at Boohoff Law’s Tampa office take charge of your battle. Contact us online today or call (813) 725-5606 for a free initial consultation and case evaluation. Let us work with you to recover physically and emotionally while we help you recover financially.

Client Testimonial

“Boohoff Law, Definitely stands behind Integrity the staff is extremely professional. Tatiana is not only a fantastic attorney in her expertise however she’s also down-to-earth, truly a people person. I believe in establishing relationships in any type of business that you do, they definitely bring that to the table. Thank you for all your help in my time of need. I would highly recommend this firm to represent you.”

-Elissa M.

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Boohoff Law, P.A. — Auto Accident Lawyers
Tampa, Florida Location

829 W Dr Martin Luther King Jr Blvd
Tampa, FL 33603
Phone: (813) 536-6221

Tampa Car Accident FAQs