After a car accident, compensation from the liable party may cover your medical bills, lost wages, and more. You also have the right to legal representation when filing an insurance claim or personal injury lawsuit. Our experienced team of Melbourne personal injury lawyers can help you understand your rights and options.
Working with a Melbourne car accident lawyer from Bogin, Munns & Munns can take the weight of the legal process off your shoulders. We can evaluate your legal options and fight for what you deserve. Call now for a free consultation from a firm that has been representing Central Floridians for over 40 years.
Types of Recoverable Compensation in a Melbourne Accident
There are many types of losses you may be hit with in the days and weeks following the accident, and they may warrant compensation. Immediate losses include:
- Medical Expenses: This includes costs for emergency services, hospital stays, surgeries, medications, rehabilitation, and any future medical care related to your injuries.
- Lost Wages: Our legal team can seek compensation for the income you have lost while unable to work during your recovery.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or working at the same capacity, our Melbourne attorneys can claim compensation for reduced future earning potential.
- Property Damage: This includes reimbursement for the repair or replacement of your vehicle and any other personal property damaged in the accident.
- Pain and Suffering: Bogin, Munns & Munns can pursue damages for the physical pain and emotional distress you have experienced since the accident.
- Wrongful Death Damages: If the accident resulted in the loss of a loved one, let our Melbourne wrongful death lawyers seek lost companionship, support, potential future earnings of the deceased, funeral and burial expenses, and emotional suffering.
These are just some of the losses that you may recover. You could be eligible for additional losses and forms of compensation, depending on the specific impact of your injuries and losses. The more serious your injuries, the more you can typically ask for.
How to Get the Auto Accident Compensation You Deserve
Florida is a no-fault state, meaning you generally have to file a claim with your own insurance before you consider suing the at-fault driver. Your no-fault insurance will cover certain medical bills, lost wages, and death benefits. All drivers are required to carry at least $10,000 of personal injury protection (PIP) to cover these losses, but you may purchase more if you wish.
If your injuries exceed what your own insurance covers, our car injury lawyers can start the process of filing a negligence-based claim against the liable party. This involves:
- Determining which Brevard County court has jurisdiction over your case
- Sending a demand letter to the responsible party and their insurer
- Negotiating with the insurer and/or taking the responsible party to trial, depending on how willing they are to cooperate with your case
What if the at-fault driver has no insurance? As of May 2025, 4.77 percent of Brevard County drivers were uninsured. A lack of insurance may complicate your case, but it does not absolve the negligent driver of responsibility or prevent you from pursuing compensation. Bogin, Munns & Munns can review your options with you.
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Car Accidents in Melbourne Can Result in Serious Injuries
Serious car accidents can result in severe injuries. Depending on the specifics of the accident, these injuries can take a long time to heal or lead to long-term disabilities. Some of the injuries that our auto accident lawyers can pursue compensation for include:
- Broken bones: It is possible to break bones if the car stops too fast or part of your body hits the inside of the car. Loose objects can also bounce around the cabin and cause broken bones.
- Concussions: Hitting your head on the inside of the car can lead to a concussion. Airbags can also cause concussions if the driver is too close to the airbag when it goes off.
- Bruises and soft tissue injuries: While seat belts save lives, they can also cause painful injuries during a collision.
- Traumatic brain injuries: Head trauma during an accident can lead to serious brain injuries. In severe cases, the victim will need extensive medical care for a long time to recover.
- Death: Catastrophic injuries and injuries that are not treated in time can prove fatal.
There are many other injuries not covered on this list. Any injury from an auto accident warrants medical assessment, regardless of how minor it appears. Seek medical attention for everyone involved in the accident as soon as possible.
Medical documentation also helps corroborate your losses when you file a claim: our personal injury attorneys can use medical records to link your injuries to your accident. When you go to the doctor, an insurer cannot claim you worsened your injuries by delaying treatment or disobeying your doctor’s orders.
Why Do Motor Vehicle Accidents Happen in Melbourne?
Like too many communities across America, Melbourne has to deal with common problems like:
- Distracted driving, including drivers who disobey Florida’s ban on texting while driving law
- Fatigued driving caused by motorists who stay on the road too long or do not get enough sleep
- Drunk or high driving by motorists whose legal or illegal drug use slows their reaction times and alters their judgment
- Speeding, which could mean exceeding the speed limit or driving faster than is reasonable given the conditions (e.g., bad weather)
- Drivers who ignore traffic signs or signals, including stop signs, yield signs, and traffic lights
There are also local factors that could increase your risk of a crash. In 2022, Florida Today reported that the stretch of U.S. 192 near Melbourne Square Mall was the most dangerous road in Brevard County. This is likely because:
- The mall is a large and popular shopping center that is also surrounded by other stores, meaning that many people come and go at all times of day.
- U.S. 192 is a multi-lane road with various intersections, so there are many places where drivers from different directions come together and, if they are not careful, crash into each other.
- The speed limit in this area is generally around 40 to 45 miles per hour. This is enough speed to do significant damage, and if impatient drivers decide it is okay to go even faster on this long, straight stretch of road, they can do even more harm.
It is important to be aware of these dangers and do what you can to mitigate them, including staying alert and giving a wide berth to drivers who are behaving erratically.
If, despite your best efforts, you are injured by someone else’s negligence, the personal injury attorneys at Bogin, Munns & Munns can step in to advocate for accident victims like you. Call now for more information.
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Holding the At-Fault Driver Responsible for a Collision
If someone else’s negligence caused your accident, you can hold them responsible for your injuries. The burden of proof falls on you, though, so you will need ample evidence to prove their liability. This is something we can help you with.
Our Melbourne car accident attorneys can demonstrate the four elements of negligence in your case by:
- Illustrating that the other driver owed you a duty of care
- Establishing that they breached the duty, such as by distracted or drug-impaired driving
- Linking their negligence to the accident that caused your injuries
- Proving your losses resulted from your accident-related injuries
We can compile evidence, including police reports, driving histories, eyewitness statements, and expert medical opinions, to bolster your claim for compensation.
What if I Contributed to My Car Accident Injuries?
You may still be eligible for compensation if you shared fault for the accident by, for example, not wearing a seat belt or exceeding the speed limit. However, as your share of responsibility increases, the amount of money you can recover decreases. If a jury finds you 51 percent responsible for your injuries, you are ineligible for compensation.
In many cases, the other driver’s insurance company might attempt to shift a greater portion of the blame onto you to minimize their liability and reduce your compensation. At Bogin, Munns & Munns, we understand these tactics and are prepared to rigorously defend your rights. We work diligently to investigate your case, gather evidence, and advocate on your behalf to ensure fault is fairly assessed and your compensation is maximized.
Who May Be Liable for Your Losses After a Car Accident in Melbourne?
You may automatically assume the at-fault party is liable for your losses, but this is not the case in every accident. For example, if the driver was working at the time, their employer may be liable.
There may also be more than one liable party. For example, even if the driver was demonstrably negligent, their carelessness may have been exacerbated by a government agency that failed to maintain the roadway or a product manufacturer that allowed an unsafe product to go to market.
Who is liable depends on what caused the accident and who behaved negligently. Our lawyers in Melbourne can answer these questions for you.
Steps to Take After a Car Accident in Melbourne
Immediately after your car accident, there are some steps that you can take to protect your health and rights:
Seek Medical Care for Your Accident Injuries
First, you will want to call for emergency services, even if the accident seems minor. Many car accidents involve injuries that have delayed symptoms and lead to long-term medical conditions. If you do not assess your injuries, you may leave money on the table later on during negotiations.
Keep All Your Receipts and Document Your Accident-Related Losses
If you have medical bills or wage stubs, make sure you save them. If you are in pain, try keeping a daily journal describing how it affects your activities. These can serve as invaluable pieces of information that can substantiate your claim or lawsuit.
Consider Taking Legal Action to Recover Your Losses
You can decide to pursue legal action against the driver responsible for the accident, even though Florida is a no-fault state. While you will still need to file a claim with your personal auto insurance provider, you can hold the other party accountable for other expenses you incur, such as long-term medical expenses and pain and suffering.
A Melbourne car accident lawyer from our firm can review and prepare your case so you can focus on healing.
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Melbourne Car Accident Lawsuits Are Time-Sensitive
In Florida, you have only two years from the date of the accident to initiate legal proceedings against the responsible parties, per Florida Statutes § 95.11. This statute of limitations applies to lawsuits for personal injuries and wrongful deaths arising from car accidents.
If you miss this deadline, you may lose your right to seek fair compensation for your injuries and damages. At Bogin, Munns & Munns, we urge you to contact us promptly after your accident so we can ensure your claim is filed within the legal deadlines, protecting your right to compensation.
Discuss Your Case With a Member of Our Car Accident Team in Melbourne
If you or a loved one was involved in a car accident, you could be entitled to financial compensation to cover your crash-related expenses. An insurance settlement or court award can help you and your family cope with your losses.
We can tell you more about working with our lawyers in Melbourne at no cost or obligation. Call Bogin, Munns & Munns for a free consultation with a member of our team today. We can answer your questions about the legal process and provide recommendations about what you could do next.
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