Auto accidents, although common, can be unpredictable and occur when they are least expected. In addition to extensive property damage, many accident victims suffer from severe injuries and emotional trauma. They can also incur economic difficulties due to expensive medical treatment, lost wages, and personal losses such as diminished quality of life.
Fortunately, you can seek monetary compensation if you’ve sustained injuries and financial losses due to a car accident. A San Carlos Park car accident lawyer at the Law Offices of Anidjar & Levine can help you explore your legal options to recover compensation.
When you call us today for a free initial consultation, a member of our legal team can explain more about how our personal injury lawyer may benefit your case.
How A San Carlos Park Car Accident Attorney Can Help You With Your Claim
A car accident attorney’s primary consideration is protecting your rights under the law and helping you secure a financial award for losses related to your personal injuries. To this end, we promise to do the following:
- Advise you of your legal rights and options
- File a claim against the at-fault party
- Gather evidence that proves the other driver was at fault
- Talk to eyewitnesses, law enforcement, insurance companies, and health providers
- Work with experts who can help establish liability and determine the value of your damages
- Identify your damages and calculate their total worth
- Manage negotiations with the insurer and attempt to settle
- File a lawsuit if a fair settlement cannot be reached
- Provide fierce legal representation until your case is settled
We will also:
Negotiate A Settlement
It may be in your best interest to have an attorney communicate with the insurance company on your behalf. Insurers are profit-driven companies that often do whatever they can to minimize your settlement. They may record statements you make and hold anything you say to them against you in court. Our San Carlos Park car accident lawyers know how to circumvent these tactics.
Note that reporting a claim is not the same as negotiating a settlement—you should report the claim promptly after the accident.
File A Lawsuit And Represent You In Court
Sometimes negotiations will be ineffective, and the insurance company will repeatedly reject your claims. If this happens, our lawyers will build a solid case and represent you in court. Our attorney will significantly simplify the litigation process and ensure your claim is taken seriously.
How To Pursue Fair Compensation After A San Carlos Car Accident
The process by which you can recover compensation for a car accident depends on your accident’s unique circumstances. However, common avenues through which you can pursue compensation include the following:
Your Insurance Company And PIP
Florida is a no-fault state for car insurance. This means that you will have to file a claim with your own insurance company, even if another person is at fault for your accident. Personal injury protection (PIP) is required insurance for Florida drivers. It should cover 80% of medical bills and 60% of lost wages that result from injuries caused by an accident.
Uninsured Motorist Protection
Usually, an at-fault driver’s insurance helps pay for any damage after an accident. However, if the driver fled the scene or is uninsured, uninsured motorist coverage could cover some of your expenses. If you have this optional coverage, your uninsured motorist policy limits will be the same or higher as your bodily injury liability coverage limits.
A Personal Injury Lawsuit
Injuries caused by car accidents can be devastating, and their cost in both time and money can be extremely high. If you sustained severe injuries and losses your insurance doesn’t cover, filing a lawsuit may help you secure compensation from the liable party. A San Carlos Park car accident lawyer from our firm knows how to gather and preserve evidence and use it to build a solid case to present at trial.
What Damages You Can Recover In A San Carlos Park Car Accident
Damages are quantifiable losses commonly sustained by victims of accidents or another party’s negligence. An attorney can help you identify which damages you can recover, estimate their worth, and negotiate with the liable party’s insurer to secure a fair settlement. Depending on your unique circumstances, the following may be available to you:
Economic Damages
Economic damages can typically be calculated using bills, invoices, and receipts, such as:
- Medical bills and expenses, such as emergency care, hospitalization, surgeries, physical therapy, doctor’s visits, and prescription medication
- Lost wages for missed work time due to injuries and recovery time
- Diminished earning capacity
- Property damage
Non-Economic Damages
Non-economic damages are more difficult to estimate because they do not have a specific dollar amount attached. However, they can make up a significant portion of your compensation. They may include:
- Pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Temporary and permanent disability
- Diminished quality of life
- Loss of companionship
Note: You might be able to recover other types of damages in a wrongful death lawsuit if you lost a loved one due to another’s negligence.
It’s important to realize that the damages you claim are not limited to those listed above. Our San Carlos Park car accident lawyers can give you a better idea of your total losses after investigating the facts in your case.
Wrongful Death Damages
If you lost a loved one in a motor vehicle accident, we extend our most sincere condolences. You and your family may be entitled to wrongful death damages to help you remain financially afloat after the loss of a family member.
Our auto accident lawyers can help you seek compensation for:
- Funeral and burial expenses
- Your loved one’s accident-related medical expenses
- Mental anguish
- Loss of parental guidance
- Loss of support and services
Our personal injury attorneys will fight for the financial compensation you need. We do not back down in seeking justice for accident victims and their families.
How Do You Prove Negligence And Liability In A San Carlos Park Car Accident Claim?
In law, negligence is described as a failure to exercise the caution and care that a reasonable person would under the circumstances. Examples that display acts of negligence include speeding, failing to stop or yield at a traffic sign, or driving while distracted or intoxicated.
When a person injured in a car accident can demonstrate another party was negligent, that party can be held liable for compensating the victim. For example, to prove driver negligence, we must establish the following elements:
- Duty of Care: The driver owed the injured party a legal duty of care. In this case, the driver was obliged to exercise enough caution to avoid harming others on the road, such as motorists and pedestrians.
- Breach of Duty: The driver breached or violated their duty of care by engaging in actions that caused harm to others, such as speeding, driving drunk, etc.
- Causation: The driver’s violation directly led to the accident and the victim’s injuries.
- Damages: As a result of the victim’s accident and injuries, they incurred quantifiable financial, physical, or personal losses.
Before you can secure compensation, you must ensure you can establish that the party you are pursuing is, in fact, at fault. A San Carlos car accident attorney can prove that the responsible party was guilty of negligence and, therefore, liable for your losses.
You Don’t Have Much Time to File a Car Accident Case in San Carlos Park
Filing a personal injury lawsuit may feel intimidating, but you will need to act quickly if you want to submit your case on time. Per Florida Statutes § 95.11(4)(a), you generally have two years to sue the at-fault party for damages.
Similarly, if your loved one passed away in a San Carlos Park car crash, Florida Statutes § 95.11(4)(e) allows you two years to file a wrongful death lawsuit. When you hire our law firm, we can ensure you’re aware of the statute of limitations that applies to your case.
Call Our Motor Vehicle Crash Team Today
If you sustained severe injuries and losses due to a car accident, we promise to fight for the compensation you deserve. Contact the Law Offices of Anidjar & Levine today for a free consultation so we can get started on your car accident claim as soon as possible.