When you’ve been injured in a car accident due to another driver’s negligence, you may have already incurred medical bills and been forced to take time off work. In addition, your injuries may continue to be painful, require long-term treatment, and reduce your ability to earn the wages you did in the past.
If another driver’s negligence caused an accident that significantly altered your life, our Town ‘N’ Country car accident lawyer at the Law Offices of Anidjar & Levine can assist you in seeking compensation for your damages.
What A Town ‘N’ Country Car Accident Attorney Can Do For You
Being involved in an auto accident is stressful, especially if you’ve been injured. This is why choosing to work with an attorney who can manage all aspects of your injury case takes that stress off you. When you retain legal counsel, your Town ‘N’ Country personal injury attorney can start investigating your case by doing the following:
Gathering Evidence
Your attorney can help you gather the evidence necessary to prove your claim. Vital pieces of material evidence include police reports, medical records and bills, car repair receipts, and cell phone and GPS data.
Determining Liability
A lawyer can help you thoroughly examine your accident and find who is at fault and why. Lawyers know the ins and outs of the law and what factors add up to identify the liable party.
Consulting Eyewitnesses
There is a reasonable chance that someone witnessed your accident and has vital information. An attorney can secure their testimony in an affidavit to use in your claim at trial if needed.
Consulting Expert Witnesses
An attorney can meet with experts to help determine liability and prove your case. Expert witnesses may include police officers, doctors, accident reconstruction specialists, coroners, and more.
Negotiating With Insurers
Communicating with insurance companies can be a hassle. However, your attorney can stand up to them and speak on your behalf to ensure your claim is given the attention it deserves.
Representing You In Court
Despite best efforts, insurance company negotiations sometimes come to an impasse. If this happens, your attorney is prepared to represent you in court to pursue the restitution you are owed.
How To Recover Compensation After Your Accident
You should report the car accident to your insurance company as soon as you are able. This will prevent them from denying your claim by stating that you failed to give them time to investigate the accident. However, keep in mind that reporting an accident is not the same as filing a claim for compensation.
Filing A Claim for Damages With Your Insurer
Florida is a “no-fault” state for car insurance. “No-fault” means that damage compensation primarily comes from your own insurance company, even if the accident wasn’t your fault. Because of this, Floridians must also carry personal injury protection (PIP) insurance, which covers a driver’s medical costs from accident-related injuries.
Negotiating With An Insurance Company
Insurance companies often seek to minimize your claim’s value whenever possible. Therefore, having an attorney handle negotiations can prevent an insurer from depriving you of fair compensation. If an insurer tries to lowball you, a Town ‘N’ Country car accident lawyer can stand up for you and assert your right to the compensation you deserve.
Initially, your attorney will send the insurer a demand letter requesting fair compensation. After reviewing your initial claim, the insurer may reject this request and present a counteroffer you consider unacceptable. The bargaining process will go back and forth until an agreement or an impasse has been reached. Moreover, if a settlement cannot be arranged, you may now consider filing a lawsuit to secure compensation.
Filing A Lawsuit
Sometimes insurance companies find reasons to deny or devalue claims or limit their liability. Other times, at-fault parties are uninsured, or the costs of your injuries exceed your policy limits. In these situations and others, injured victims can explore the option of filing a personal injury lawsuit against those responsible for an accident.
According to the Florida statute of limitations for personal injury, you have up to four years to initiate civil action against those liable for your car accident. This deadline is based on the date you sustained your injuries or discovered them, whichever comes first, per Florida Statutes § 95.11(3)(a).
What Damages Can Be Recovered In A Town ‘N’ Country Car Accident?
In Florida, accident victims have a right to fair compensation for the damages they suffer. Damages in all cases are either calculable economic losses or subjective non-economic losses and may include the following:
Economic Damages
- Medical bills, including emergency care, hospital stays, follow-up doctor’s visits, long-term rehab, etc.
- Lost wages from missed work related to your injuries and recovery time
- Diminished earning capacity
- Property damage to the vehicle and other items
Non-Economic Damages
- Physical pain and suffering
- Emotional anguish and psychological injuries
- Scarring and disfigurement
- Permanent disability
- Loss of quality of life
In cases of wrongful death, family members of a loved one can file a lawsuit against negligent parties for the decedent’s untimely passing.
These lists are not all-inclusive. That is, there may be more damages you can pursue for various accident- and injury-related losses. Your Town ‘N’ Country car accident attorney can help you identify all your losses and calculate their worth.
How Do You Prove Liability In A Town ‘N’ Country Car Accident?
Sometimes damages outstrip your insured coverage amount. If so, you will have to seek compensation from the other driver or their insurance company. In such cases, you must prove that the other driver was negligent and thus liable for causing your damages.
Proving liability requires you and your attorney to establish the following legal principles:
- Duty of care: The other driver owed you a duty of care to drive cautiously enough to avoid injuring you.
- Breach of duty: The other driver breached their duty by driving negligently—e.g., speeding, driving drunk, or texting while driving.
- Causation: The other driver’s negligence directly caused the accident and your injuries.
- Damages: As a result of the accident, you incurred calculable losses.
Proving negligence and liability requires significant effort and know-how. So, if you plan on filing a claim against the at-fault driver’s insurance company, having a Town ‘N’ Country car accident lawyer on your side can be beneficial.
Call Us Today For A Free Consultation
If you’ve sustained severe injuries and substantial losses due to a car accident, we encourage you to call our offices as soon as possible. When you let our legal team manage your case, we promise to respond to your calls and emails and answer your questions promptly.
In addition, we go the extra mile so you can focus on your recovery, knowing your case is in good hands. Contact the Law Offices of Anidjar & Levine today for a free case review.
We Can Help.