Car Accident Lawyer | Tampa, FL

What Services Does a Tampa Car Accident Lawyer Offer?

At Montlick, our first step is always going to be to listen to our clients. After we understand what happened and what you need in your recovery, we get to work.
Car accident claims can shake out in a few different ways, depending on factors like the severity of injuries, insurance coverage, and liability determinations. Some claims result in settlements, where parties negotiate an agreement on compensation. Others may involve even more complex negotiations involving multiple insurance companies and policies, where legal representation is crucial for fair outcomes. Some cases may even end up going to trial. Montlick Tampa car accident attorneys are prepared for all of these scenarios, and know how Florida laws apply to your circumstances.

How Can a Tampa Car Accident Lawyer Help Me Deal With Insurance Companies?

When you report that you have had an accident to your insurance company, a representative will likely call and ask for a statement, asking what sounds like basic questions like what caused the accident, if you were injured, and how you responded in the moment. Most insurance policies require you to cooperate with their investigation. However, you don’t have to talk to them by yourself. It’s wise to direct your insurance company to your car accident attorney for claims and negotiations. You are also never required to speak to other drivers’ insurance.

It’s a hard truth that insurance companies, including your own, are focused on minimizing payouts and protecting their profits, even if it means undervaluing or denying valid claims. Montlick car accident lawyers are skilled negotiators who understand the tactics and strategies insurance adjusters use to lowball you. They have the experience and expertise to negotiate with insurance companies on your behalf. By having a lawyer represent you, you send a clear message to the insurance company that you are serious about your claim and will not accept anything less than what you deserve.

Good lawyers for car accident claims act as a shield, protecting your rights and best interests throughout the claims process. They will review all settlement offers and advise you on whether they are fair and adequate based on the extent of your injuries and damages.

What Does it Mean that Florida is a “No-Fault” State?
Florida is one of the few states that still operates under a Personal Injury Protection (PIP) car insurance system, also called a “no-fault” system because it is designed to pay out accident claims regardless of whose fault the accident was. Under this system, drivers involved in a car accident file claims with their own insurance companies for minor injuries, even if another party is held responsible.

Florida law requires drivers to carry minimum PIP coverage of:

• $10,000 in medical and disability benefits
• $5,000 in death benefits

If you were injured through the negligence of another person, you might be frustrated and think you are out of luck if your PIP payouts are not covering all of your expenses. However, if the injury is severe, you might still be able to pursue a lawsuit against the at-fault party for additional compensation. If another party is responsible for a fatal car accident, Tampa car accident attorneys could help family members pursue additional compensation for wrongful death.

Florida also has a comparative fault law, meaning that if you suffered injuries in an accident that was partially your fault, you could still be compensated at a reduced rate.

The PIP system was designed to make filing claims and reaching settlements more efficient and easier for accident victims, but your own insurance company will likely try to low-ball you just as much as another driver’s insurance company would. It’s always wise to seek an attorney’s advice on their offer – especially the first offer, which will likely come very quickly, before you know the full extent of your injuries.

How Does the Law Decide Who Was At Fault For an Accident?
To prove another driver or party was at fault in an accident, Tampa car accident lawyers must prove these four things:

• The defendant had a “duty of care” to follow traffic laws
• The defendant neglected their duty by either acting recklessly or failing to act
• The accident was a direct result of the defendant’s actions
• Your damages were a direct result of the accident

How Long Do I Have To File A Lawsuit After a Car Accident in Tampa?

Florida Statutes § 95.11(3)(a) establishes a two-year window for most personal injury cases, starting on the date of the accident, and Florida Statutes § 95.11(4)(d) sets a two-year window period for most wrongful death cases, starting on the date of the victim’s death.

Two years can go by quickly when you’re handling the aftermath of an accident, but contacting an attorney as quickly as possible is in your best interest. Insurance companies will try to delay their claims process by delaying their responses, demanding more information each time the claim is reviewed, and denying claims due to technical errors or by saying there’s not enough evidence.

By contacting Montlick, you can have one of the best car accident lawyers in Tampa on your side during this frustrating process. We will inform you of your rights and let you know when the insurance company is trying to get one up on you. We won’t let your window of opportunity to file a lawsuit slip away while they’re playing games.

We Handle Every Type of Car Crash Tampa Sees

Tampa Head-On Collision Lawyer
Head-on collisions are most likely to be caused by the recklessness of others, and are also, unfortunately, one of the deadliest types of car accidents. The force of two cars hitting each other at full force can have terrifying results. These collisions demand thorough investigation to establish liability, a task Montlick is prepared to undertake.

Tampa Rear End Collision Lawyer
Often underestimated, rear-end collisions can still cause severe injuries, even at relatively low speeds..

Tampa Side Impact Collision Lawyer
Side-impact collisions, or T-bone crashes, frequently result from failure to yield or traffic violations. They can be particularly startling for victims since it seems they’re being hit out of nowhere, potentially leading to added psychological stress. Montlick will fight for you when someone has harmed you in a side-impact accident.

Tampa Defective Vehicle Component Lawyer
Sometimes there are factors other than hazards and drivers that cause road injuries. Car companies have had to recall an unsettling number of defective vehicle parts over the years, and malfunction is always a risk posed by a complicated piece of machinery like a car. Defective vehicle components can lead to catastrophic accidents, and Montlick’s Tampa car accident attorneys hold manufacturers accountable for negligence.

Tampa Drunk Driving Accident Victim Lawyer
Drunk driving accidents, notorious for their devastating consequences, demand aggressive legal representation, a service Montlick provides with expertise and determination. The emotional distress that comes from being hit by a person who has so recklessly disregarded the safety of innocent people can be overwhelming. If you have been through such a devastating time, you deserve one of the best car accident lawyers in Tampa.

What Damages Can My Tampa Car Accident Lawyer Recover?

Your Tampa car accident lawyer can help you recover various types of damages resulting from the accident. These damages may include:

Medical Expenses: Your lawyer can seek compensation for all medical expenses incurred as a result of the accident, including hospital bills, doctor’s visits, medications, rehabilitation, and future medical costs related to your injuries.

Lost Wages: If you were unable to work due to injuries sustained in the accident, your lawyer can pursue compensation for lost wages and any loss of earning capacity caused by the injuries.

Pain and Suffering: Your lawyer can advocate for compensation for the physical pain and emotional distress you experienced as a result of the accident and your injuries. This can include compensation for mental anguish, loss of enjoyment of life, and other non-economic damages.

Property Damage: Your lawyer can seek reimbursement for the repair or replacement of your vehicle and any other personal property damaged in the accident.

Loss of Consortium: In cases where the extent of one’s injuries results in the loss of companionship or support from a loved one, a lawyer may pursue damages for loss of consortium on behalf of the injured party’s spouse or loved one..

In cases where a victim passed away due to a fatal car accident, Tampa accident attorneys can help surviving family members seek wrongful death damages, including costs for funeral arrangements, loss of consortium, loss of the person’s income to the household, and other emotional tolls.

What Should I Do If I’ve Been In a Car Accident in Tampa?

If you’ve just been involved in a car accident in Tampa, it’s crucial to understand your rights and the steps you should take to protect yourself legally and financially. According to FL Stat § 316.061 (2022) it is a misdemeanor not to stop your car at an accident scene, even if it appears damage has only occurred to other vehicles involved. This is partly because accident scenes must be investigated. There could be a lot of evidence that will be vital to you in the future.

Here are some steps Tampa car accident attorneys would recommend when you’ve just been in a shocking situation on the road:

1. Prioritize your safety and well-being. Seek medical attention immediately, even if you don’t think your injuries seem severe. Some of the most common serious injuries in collision are internal trauma, and may not be immediately obvious, especially with all that adrenaline coursing through your veins. Documenting your injuries and receiving prompt medical treatment is not only good for the future of your health but also the future of your claim. Under the PIP insurance laws, claimants generally have a 14-day window to seek medical treatment or they could be ineligible for PIP payouts.
2. After alerting 911 and seeking medical care, gather as much evidence as possible from the accident scene. This includes taking photographs of the vehicles involved, the surrounding area, any visible injuries, and road conditions.
3. Exchange contact and insurance information with the other driver(s) involved, and obtain contact details from any witnesses. Avoid discussing the specifics of the accident or claiming any part of it could have been your fault. Anything you say at the scene could potentially be used against you later on.
4. Report the accident to law enforcement and make sure to get a copy of the police report. The report will contain essential details about the accident, including statements from other drivers and witnesses, as well as the officer’s evaluation of the scene. This document can serve as valuable evidence in your case.
5. Contact an experienced Tampa car accident lawyer as soon as you can. Let your attorney handle all communication and negotiations with insurance companies on your behalf. Remember: your attorney only stands to gain from you winning big, while your insurance company only stands to lose. Even though they’re supposed to be “your” insurance company, they’re not on your side.
6. Keep detailed records of all expenses related to the accident, including medical bills, vehicle repairs, rental car expenses, and any other costs incurred as a result of the collision. Good lawyers for car accident claims will be able to take your records to court and explain how much this accident has actually cost you.

How Much Does It Cost to Hire a Tampa Car Accident Lawyer?
The cost of hiring Tampa car accident lawyers can vary depending on the law firm’s fee structure and the specific terms of your agreement. Car accident lawyers typically work on a contingency fee basis, which means that they only get paid if they successfully recover compensation for you.

Under a contingency fee arrangement, your lawyer will receive a percentage of the total amount recovered in your case as their fee. This percentage is typically agreed upon between you and your lawyer before they begin working on your case. If your lawyer does not recover any compensation for you, you generally will not owe them any legal fees.

Contingency fee arrangements allow people who have been injured in car accidents to access legal representation without having to pay any upfront costs or fees out of pocket. This arrangement also incentivizes car accident lawyers to work hard on behalf of their clients to achieve the best possible outcome in their cases.

Before hiring an attorney, it’s essential to discuss their fee structure and any potential costs or expenses associated with your case. Your lawyer should be transparent and upfront about their fees and provide you with a clear understanding of the financial terms of your legal representation agreement.

Tampa’s Most Dangerous Roads and Intersections
Numerous factors contribute to how dangerous a road is to drive. Sometimes, it’s the local surroundings that pose risks. Take, for instance, a road close to the beach, where sand and sea spray coat the surface, making it slippery. Likewise, insufficient lighting can turn an intersection treacherous, especially on a dark night.

The layout of roads and intersections also factors into the equation, increasing the likelihood of car accidents in Tampa. Blind spots, sharp turns, and inadequate signage create situations where even minor driving mistakes can result in a crash.

However, the most significant threat to drivers in Tampa stems from other drivers. The National Highway Traffic Safety Administration (NHTSA) states that approximately 94% of collisions are caused by errors made by drivers.

Accident lawyers in Tampa, Florida know that two of the most treacherous roads in the area are Big Bend Road and US-301. Their geography plays into the danger, but other factors do as well, such as who tends to be driving there. Read on to see how you can avoid the type of car crash Tampa sees all the time:

Big Bend Road

In the year 2021, Big Bend Road witnessed three out of the top ten most hazardous intersections, as per the crash map issued by the sheriff’s office.

The junction of US-301 and Big Bend Road merges two of the busiest roads on the eastern side of Tampa Bay. This location hosts three sizable shopping centers, and St. Joseph’s Hospital sits merely one block west of the intersection.

Despite having three lanes of traffic in both directions on US-301 and two lanes each way on Big Bend Road, this junction frequently experiences congestion, leading to swift accidents.

Two other perilous intersections along Big Bend Road also exist in close proximity. Summerfield Crossing Boulevard intersects Big Bend Road just east of US-301. This road links the shopping centers to the residences in the Villas on the Green subdivision.

Another risky junction, Summerfield Boulevard, is situated about a mile east of US-301 and three roads east of the similarly named Summerfield Crossing Boulevard. It connects Big Bend Road to the Summerfield Crossings Golf Club.

US-301

Highway 301 alone runs through four of Tampa Bay’s most hazardous intersections, including the junction with Big Bend Road. US-301 runs alongside I-75 and US-41 throughout the county, featuring three lanes in each direction for most of its span, serving as a vital north-south route through the Tampa Bay area.

The sheriff’s department crash map identifies the most perilous intersection in the county at Gibsonton Drive/Boyette Road. In 2021, this junction witnessed over 350 crashes.

Similar to the Big Bend Road intersection, this junction is dominated by retail stores, gas stations, and fast-food restaurants. Traffic congestion stemming from businesses in the vicinity contributes to car collisions and pedestrian accidents.

Another risky intersection exists near Sun City Center, a retirement community with age restrictions. Several factors combine to elevate the accident risk for senior drivers, including slower reflexes, dementia, reduced strength and flexibility, poor eyesight and hearing, and prescription drug use.

FL-674/Sun City Center Boulevard links US-301 to Sun City Center and stands as one of Tampa Bay’s most perilous intersections.

Bill Tucker Road forms a T-shaped junction with US-301. Although not heavily trafficked, nor featuring nearby businesses, this intersection historically ranks among the county’s most dangerous roads due to the sole presence of a stop sign to regulate traffic turning onto US-301.

The speed limit on this section of US-301 is 50 miles per hour, yet the wide, level, six-lane highway tempts drivers to exceed it. Consequently, drivers on Bill Tucker Road take significant risks when attempting to turn onto US-301.

What Are Common Injuries in a Tampa Auto Accident?

Car crashes injuries can range from minor cuts and bruises to severe, life-altering conditions. Understanding the most common injuries resulting from car accidents is essential for raising awareness and promoting safety measures on the road.

Whiplash: When the neck is forcefully and abruptly jolted backward and then forward, it causes strain to the neck muscles and ligaments. Symptoms of whiplash include neck pain, stiffness, headaches, and difficulty moving the neck.

Soft Tissue Injuries: Soft tissue injuries involve damage to muscles, tendons, and ligaments throughout the body. These injuries often result from the sudden impact and force of a car crash. Symptoms may include pain, swelling, bruising, and limited range of motion in the affected area.

Fractures: Broken bones are common in car accidents, particularly in high-impact collisions. Fractures can occur in any part of the body, including the arms, legs, ribs, and spine. Depending on the severity of the fracture, treatment may involve immobilization, casting, or surgery and affects the injured person for several months or longer.

Head Injuries: Head injuries ranging from concussions to traumatic brain injuries (TBIs) are prevalent in car accidents, especially when occupants strike their heads against hard surfaces like the steering wheel, dashboard, or windows. Symptoms of head injuries may include headaches, dizziness, confusion, nausea, and loss of consciousness. Even minor concussions can have long-lasting consequences to your quality of life and cognitive abilities, especially if you’ve suffered one before.

Cuts and Lacerations: Broken glass, twisted metal, and flying debris in car accidents can cause cuts and lacerations to occupants. While some cuts may be minor and require only basic first aid, others may be deep and severe, requiring sutures or surgical intervention.

Back Injuries: Car accidents can result in various back injuries, including sprains, strains, herniated discs, and spinal cord injuries. These injuries can cause significant pain and discomfort and may require extensive medical treatment, including physical therapy and surgery.

Internal Injuries: The force of impact in a car accident can cause internal injuries to organs such as the lungs, liver, spleen, and kidneys. Internal injuries may not be immediately apparent and can be life-threatening if left untreated. Symptoms may include abdominal pain, nausea, vomiting, and internal bleeding.

Psychological Trauma: Car accidents can also result in psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, and depression. Witnessing or experiencing a traumatic event like a car crash may require counseling or therapy to address.

The severity and type of injuries sustained in car accidents can vary widely depending on factors like the speed of the vehicles involved, the use of seat belts and airbags, the position of occupants in the vehicle, and whether protective measures like helmets were worn (in the case of motorcycles). Promoting safe driving practices, wearing seat belts, and seeking prompt medical attention are essential steps in reducing the severity of car crash injuries.