Car Accident Resources

Why Choose Our Law Firm

1. We have the best lawyers and staff in town.
2. We handle cases the right way.
3. There is no fee or any cost to you if we don’t win.
4. We charge on a contingency fee structure. This means that you pay a percentage out of the money that we recover for you. If we don’t get money for you, you don’t owe us anything. Trust us to fight for your rights and secure the compensation you deserve, without any upfront financial commitment.
5. We have handled every type of injury claim possible. We will only take your case if we believe we can win.
6. Maximize Your Compensation with our experienced personal injury lawyers: Millions Recovered for Clients
7. At St Petersburg Personal Injury Attorneys McQuaid & Douglas, our team of skilled personal injury attorneys specializes in securing substantial compensation for victims of accidents. We are committed to obtaining the highest possible recovery for your legal case. Our expertise and dedication have led to the recovery of millions of dollars for our clients, ensuring justice and financial relief.
8. Suffering from a car accident can be an overwhelming and painful experience. Our firm is here to take the burden off your shoulders. We manage every aspect of your legal case, providing you protection from the insurance companies and the time to focus on your recovery.

If you need a St. Petersburg auto accident lawyer then please consider speaking to Personal Injury Attorneys McQuaid & Douglas. We have a premier reputation in the community because we treat people right.

Regardless of the severity of the crash, your health is the top priority for our team. Our goal is to eliminate the stress of dealing with the insurance companies and to help you understand the process.

Our clients are often frustrated after they have been in an accident and are overwhelmed by the frequent calls and questions by the insurance companies. Once we are hired, we direct the insurance companies to deal with us directly. We also provide assistance finding medical providers that specialize in auto accident injuries. We have found that with our assistance, our clients get better medical care and recover more money. That is why it is important to speak to a St. Petersburg car accident lawyer.

Sean McQuaid and Jonathon Douglas are experienced St. Petersburg Personal Injury Attorneys and have handled all types of cases around the Tampa Bay area. Insurance adjusters know and respect our firm. They know that our clients are well prepared and our claims are legitimate. If you’re in need of a St. Petersburg Car Accident Lawyer, then you’ve found the helping hand that you need in the Personal Injury Attorneys McQuaid & Douglas. With our support, we will make sure that you recover the maximum sum you deserve, with the minimum amount of stress.

It’s crucial that you know what steps to take during this time, so here is some advice from the experts:

WHAT TO DO AFTER A ST. PETERSBURG AUTO ACCIDENT?

The actions taken immediately after a car accident can prove pivotal in the outcome of a case. Here are some important tips to keep in mind, if you find yourself in this unfortunate situation:

1. Move to safety and get medical assistance if needed. Nothing is more important than your health.
2. Contact law enforcement.
3. Obtain essential information, such as the other driver’s insurance details, and take your own photos of the scene.
4. Gather contact information for witnesses. (Police often leave witnesses of their reports or don’t get the correct contact information)
5. Do NOT make a handshake agreement with the driver of the other car.
6. Do NOT admit any fault. (Now is not the time to determine who was at fault. Admitting any fault can be used against you later. Your understanding of the accident might even be wrong.)
7. Do NOT leave the scene of the incident. Even if you were not at fault for the accident, leaving the scene could qualify as a “hit-and-run,” which is a crime in St. Petersburg and could damage your claim for compensation.
8. Never refuse to mention injuries to the police or paramedics. Any evidence of medical injuries can be vital in your compensation claim.

COMMON INJURIES SUFFERED AFTER CAR ACCIDENTS

Car accidents can cause severe injuries, ranging in severity from minor to life-threatening. Some injuries can also cause long-term pain and suffering or even disability. Common car accident injuries include:

1. Soft tissue injuries
2. Lacerations
3. Fractured or broken bones
4. Burns
5. Internal organ damage
6. Spinal cord injury
7. Traumatic brain injury

COMPENSATION AVAILABLE AFTER A FLORIDA CAR ACCIDENT

Car accident compensation is awarded according to the types of losses experienced. These losses can be categorized as follows:

• Economic — These include current and future monetary losses caused by the accident, which may include:
  • Medical bills
  • Cost of long-term medical care or treatment
  • Vehicle repair or replacement
  • Lost income and income potential
  • Any other out-of-pocket expenses related to the accident
• Non-economic — These relate to the loss of quality of life caused by the accident and may include:
  • Pain and suffering
  • Inconvenience
  • Disability
  • Disfigurement

WHAT DOES NO-FAULT MEAN IN FLORIDA?

Florida follows a “no-fault” car insurance system. Under this system, every car registered in Florida must carry Personal Injury Protection (PIP) coverage. The PIP coverage will pay up to $10,000 toward your medical bills, lost wages and other out-of-pocket expenses. All injured people must file a claim with their own PIP coverage even if the other party was at fault for the accident. We do not charge a fee out of your PIP benefits. In fact, we help our clients for free to get their PIP benefits set up. And, don’t worry, your insurance rates will not go up.

WHEN CAN YOU FILE AN INJURY CLAIM?

Our office will help you decide about what to do with your claim and how to present it. It doesn’t hurt anything to set up an injury claim and then see where it goes. You can always abandon the claim without penalty if it turns out that your injuries are not as bad as you thought they were.

A driver is entitled to damages if their injuries meet one of the following qualification criteria under Florida state law:

1. Significant and permanent loss of bodily function
2. Permanent injury
3. Significant and permanent scarring or disfigurement
4. Death

Our lawyers will ensure that your claim meets the legal standard before we submit the demand to the insurance company. An experienced personal injury attorney in St. Petersburg can help you manage the claim and then pursue maximum compensation for your losses.

HOW IS FAULT DETERMINED IN FLORIDA CAR ACCIDENTS?

As of March 2023, Florida uses a “comparative fault” rule to determine liability in a car accident. This means that you must show that the at-fault party was at least 51% responsible for causing the accident. This is usually not an issue for our clients and our law firm. We do not take cases where we cannot prove that the other party was at least 51% at fault.

But, here is an example of someone who can make a claim even when fault is mixed. Let’s say you were involved in an accident when another driver ran a red light. But, you were also speeding. Because of the mixed fault, you are assigned 20 percent fault, and the other driver is assigned 80 percent. Under Florida’s comparative fault rule, your $100,000 in losses would be reduced by 20 percent, and you would receive $80,000.

Several factors can determine fault, but proving negligence is most important. An experienced Florida car accident attorney can help prove negligence by collecting any of the following:

1. Police reports
2. Eyewitness statements
3. Photos or videos from the accident
4. Expert witness testimony

STATUTE OF LIMITATIONS FOR CAR ACCIDENT CLAIMS IN FLORIDA

As of March 2023, the statute of limitations is 2 years from the date of the accident to file a car accident lawsuit. This is a big change in law because it used to be four years. Even with this change in law, most cases settle without having to file a lawsuit.

CAR ACCIDENT SETTLEMENT NEGOTIATIONS EXPLAINED

Auto accidents rarely ever go to trial because they are costly, unreliable, and stressful on people. Almost all cases settle. It just depends on when and how long you have to push the case.

Demand letters provide a way of requesting compensation while avoiding litigation and court appearances. As your personal injury lawyers, we will write a demand letter that explains the claim in detail. This will include the theory of liability, the injuries sustained, the medical bills, lost wages, and any future losses. Upon your approval, we will send the demand letter to the insurance company with a monetary settlement request.

After the demand letter is sent to the insurance company, it is reviewed by the adjuster assigned to the claim. If the money in the demand is not paid, then either negotiations begin or a lawsuit is filed. Your lawyer will first push for an agreement without litigation, but insurance companies can be unreasonable and force the cases into litigation.

WHY YOU SHOULD HIRE A CAR ACCIDENT LAWYER IN ST. PETERSBURG, FL?

Car accident claims need to be handled properly or you will get less money than what you deserve. We understand that no one wants to be in a car accident. You didn’t expect it or plan for it. You probably have already lost money or value just handling the damage to your car. The time to make up for those losses and get back whole is with your injury claim.

Insurance companies have teams of investigators, adjusters, and lawyers and can be extremely difficult to deal with if you don’t have legal help. Here’s why the assistance of a St. Petersburg Car Accident Attorney is crucial for a successful outcome:

Personal injury attorneys allow you to focus on recovering, working, and being with your family. You’ll avoid stressful phone calls from insurers as they’ll be dealt with by your car accident lawyer.

We know that injuries cause problems that last far longer than insurance companies say they do. Loss of money, psychological distress, future medical costs, and more are all often overlooked. We’re aware of this and will factor it into your claim.

1. We ensure all evidence is preserved correctly. Evidence can get lost quickly; we will work to make sure we have what we need.
2. Insurance companies will exploit your lack of knowledge, often manipulating you into making a mistake. They want to pay you as little as possible. Our experience will avoid these pitfalls so we can get you the money you deserve.
3. A lawyer can get to work immediately. Acting fast will give you the upper hand even if the at-fault driver turns out to change his/her story.
4. The longer you wait without a lawyer, the more mistakes that are made that are hard to fix. This normally involves your medical care.
5. Higher compensation is paid out when using a lawyer compared to taking on the case alone.
6. We’ll be your advocates from start to finish and handle all legal work and procedures for the optimal outcome.

TYPES OF CAR ACCIDENT CLAIMS AND LAWSUITS

SETTLEMENTS

Auto accidents rarely ever go to a full trial because they are costly and unreliable. Civil settlements are most common and allow both parties to come to an agreement as a final decision.

DEMAND LETTERS

Demand Letters provide a way of requesting compensation while avoiding litigation and court appearances. We will write a ‘Demand Letter’ that explains the claim in detail. The demand letter includes the theory of liability, the injuries that have been sustained, the medical bills, lost wages and any future losses. This letter is then sent to the insurance company, with a monetary settlement request.

CAR ACCIDENT SETTLEMENT NEGOTIATIONS EXPLAINED

After the demand letter is sent to the insurance company, it is reviewed by the adjuster assigned to the claim. If the money in the demand is not paid, then either negotiations begin or a lawsuit is filed. Your lawyer will first push for an agreement without litigation, but insurance companies can be unreasonable and force the cases into litigation.

Frequently Asked Questions About Car Accidents

Q1: How Long Will This Take?

A1: There is no way to accurately predict how long your car accident case will take because it depends on factors outside of our control. But, there are some general rules of thumb.

• If your injuries are soft tissue in nature and you only get conservative treatment, your case should be ready for a demand within 6 months.
• If your injuries require any type of injection, then add at least 90 days to the treatment period.
• If your injuries require surgery, surprisingly, most claims end pretty quickly because the insurance company knows it’s a big case and will pay. But, in order to get to a surgery, most of our clients first exhaust conservative treatment and then a series of injections. So, you could be looking at several months of medical treatment just to get to the point of deciding to get the surgery.

Q2: Why Do I Need to Start a Claim On My Insurance When I Was Not At Fault?

A2: You need to start a claim with your own car insurance company because Florida is a no fault state. This means that you have PIP insurance that must pay out 80% of your first medical bills up to $10,000. It doesn’t matter who caused the accident, the first $10,000 is paid by your insurance company to your medical providers. In order to get these bills paid, you will need to open the claim. It does not mean that you will be penalized or that your rates will go up. You have paid for this insurance coverage and it is required to be used.

Q3. Can I Keep Talking To My Car Insurance Company?

A3: The answer to this question is a favorite of lawyers…it depends. If you are talking to your insurance company about a rental car or property damage, then that is fine. But, we do not advise that you speak to your insurance company about your injuries. There may be a time for them to get the information about your injuries, but we like to control the flow of that communication.

Q4. How Do I Get a Rental Car?

A4: In most situations, you will get the rental car through the insurance company for the at-fault driver. Because our office is unaware of your schedule or the nearest rental company to you, we encourage our clients to call the insurance company directly and speak only about the fastest way to obtain a rental vehicle.

Q5. Who Pays For My Rental Car?

A5: Your rental car should be paid for by the insurance company for the at-fault driver. However, there are situations where the at-fault driver did not select a high enough coverage limit to afford a large amount of damage (multiple vehicles involved, structural damage, etc). If there is not an adequate amount of coverage on the at-fault driver’s policy to be able to afford a rental to you, you can use your own policy if you have rental coverage.

Q6. Who Pays For Gas to Get to My Doctor Appointments?

A6: We are able to provide you with a mileage reimbursement form to keep track of your mileage to and from your doctors appointments. However, you will not be reimbursed $1 for $1. To be reimbursed for mileage as you incur it, you would have to use your PIP (personal injury protection) coverage. Remember, this is the same layer of coverage your doctors are using to pay for your first $10,000.00 in medical treatment. Because of that reason, we typically advise our clients to save their mileage to the end of the case to be included in their pain and suffering from the at fault carrier.

Q7. What Happens If I Miss Work?

A7: Reimbursement for lost wages is very similar to mileage reimbursement. However, in order to get your lost wages reimbursed through your PIP carrier, you must have a signed disability note from your doctor stating that you are unable to perform the duties of your job and a wage and salary verification form completed by your employer. Lost wage reimbursement through PIP is paid out at 60% and again, is using the same money allocated for your medical bills. Because of this reason, we instead suggest keeping track of any lost wages you incur to be included in your demand package to the at fault insurance carrier.

Q8. Who Handles The Property Damage to My Car?

A8: You may have options with which company handles the property damage to your vehicle. You can always go directly through the insurance company for the at-fault driver. But, sometimes the at-fault driver has a garbage insurance company that you might not want to deal with. Or, they might be dragging their feet. If you want your own company to handle the property damage, you must carry comp and collision insurance. This is different from property damage (which covers damage that you cause to another). Be aware that if you get your property damage handled by your own company, you will have to pay a deductible (usually $500) and then hope that your insurance company can recover it for you.

Q9. Should I See My Primary Care Physician?

A9: No! First, primary care doctors do not usually take car accident cases because the billing is to PIP, not health insurance. They are simply not set up for it. Second, PCPs do not specialize in car accident injuries, so they often simply tell their patients that they will be fine with rest and time. Third, PCPs do not properly document their files. This means that when you submit those records to the insurance company for damages, your case will be worth less.

Q10. Why Do I Need to Go To a Chiropractor?

A10: To be clear-you are never required to go to any particular doctor. But, for most soft tissue cases, we recommend starting with a chiropractor for a few reasons. Chiropractors specialize in car accident injuries, so they have undoubtedly seen your injuries before. They are also very good at therapy that is helpful for back and neck injuries. They know how to write reports that will help your claim. And, because they deal with so many car accident injuries, they will know the other doctors to send you to if your situation calls for it. We have found that chiropractors are very good “quarterbacks” for our clients’ medical treatment.

Q11. It Hurts When I Get an Adjustment. Do I Have to Keep Going?

A11: No. Chiropractors are not for everyone. While they normally do a good job at alleviating symptoms after the car accident, the treatment doesn’t always work. If you are not comfortable or are having pain, then let us know and we can work to find another solution. It may be as simple as switching you to physical therapy or sending you to a pain management doctor. Please do not continue to go somewhere simply because you don’t want to disappoint us or have it affect your case. Switching treatment because it is not working will not hurt your claim.

Q12. What Happens If I End Up Not Being Seriously Hurt?

A12: This is a loaded question because the degree of being “hurt” or “injured” is so subjective for car accident claims. Our advice is to wait until after you have had your MRI to evaluate your situation. You would be surprised about how easily the discs in your spine are injured by the forces involved in a car accident. MRIs are very sensitive and can detect these injuries. Regardless, even if you do not have a serious injury, your case might be valuable. Just follow your doctor’s advice and communicate with our office to come up with a plan.

Q13. Who Is Going to Pay My Medical Bills?

A13: The first $10,000 of your medical bills after the car accident will be paid by PIP insurance. How the medical bills are handled after PIP is exhausted is often a case by case decision. It will depend on the type of insurance that you have, the type of injuries, and the amount of the insurance available to go after. Sometimes, we advise you to get treatment on a letter of protection, or LOP. Medical providers who treat car accident injuries like LOPs because they can make more than billing through health insurance. Car accident lawyers like LOPs because the bills are higher, which means higher settlements, and then the bills can be reduced to maximize more money to the client. If your treatment is paid by health insurance, there will be a lien that you have to repay after your settlement. Liens can be tricky, so we try to avoid them.

Q14. When Will You Know If There’s Insurance Coverage?

A14: Finding out the amount of car insurance available is very important to us. We send out letters of representation to the insurance company the day that you sign the contracts with us. We then follow-up within a day or two to get a verbal answer on how much insurance there is. So, we will usually have a pretty good handle on the amount of insurance within a few days. Getting this information quickly is important because we want your medical bills to be in line with the amount of insurance.

Q15. What Happens If There’s Not Enough Coverage to Pay My Bills?

A15: In this scenario, we should know very early on if there’s a problem with your bills. Rest assured, your bills will not be a problem because our office allowed you to run up those bills when the insurance was not available. Most likely, you would have had large bills from the hospital. In these situations, we encourage our clients to settle their claims and then negotiate directly with the medical provider. Often, once the provider learns that there isn’t enough money to pay their bills, they will write them off or reduce them significantly. Of course, you can always choose not to pay the bills too. We will always advise on what we believe is the best plan of action for you. We will not leave you hanging.

Q16. What Do I Have to Pay the Attorney If There’s No Coverage? Or If We Don’t Win?

A16: If there is no insurance coverage, we don’t have a claim or a case. This is a situation that we sometimes face because Florida does not require bodily injury insurance in order to register a car. The silver lining is that you will not owe our office anything. You do not owe us a fee and you don’t have to reimburse the money that we spend on costs. We understand that not every case will result in a recovery, so that is the risk that we take when we agree to take your case. However, rest assured, that we will do everything in our power to find insurance and recover money for you.

Q17. How Much Money Will I Get?

A17: In this scenario, we should know very early on if there’s a problem with your bills. Rest assured, your bills will not be a problem because our office allowed you to run up those bills when the insurance was not available. Most likely, you would have had large bills from the hospital. In these situations, we encourage our clients to settle their claims and then negotiate directly with the medical provider. Often, once the provider learns that there isn’t enough money to pay their bills, they will write them off or reduce them significantly. Of course, you can always choose not to pay the bills too. We will always advise on what we believe is the best plan of action for you. We will not leave you hanging.