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Because Florida is a no-fault insurance state, insureds can typically receive reimbursement for damages resulting from a car accident without having to prove who was at fault. However, if your personal injury protection (PIP) insurance policy payout does not cover the full cost of your injuries and losses (as is often the case with serious accidents), you have the option of pursuing further compensation through a civil lawsuit. When seeking damages beyond those available from your no-fault insurance, you WILL have to provide hard evidence to show that another party was at fault for the crash. This evidence can include police reports, eyewitness testimony, photos of the crash scene, traffic cam footage, medical documentation, and more.
If you have sustained serious injuries in a southern Florida vehicle collision, call the law offices of Kogan & DiSalvo to consult with a Boca Raton car accident lawyer who can handle the evidence-gathering process to show that the other driver was negligent.
In addition to exchanging your contact and other information with the other driver, you should do everything possible to document your car accident, including:
Your car accident attorney will use this and other information to build your case against a negligent motorist and to recover damages for injuries such as your pain and suffering and other losses that are not covered by your PIP insurance.
In every negligence lawsuit, the plaintiff’s attorney needs to show that the liable party owed a duty of care to the injured party, that they breached that duty, and that the breach was the direct and proximate cause of the accident that left the victim with losses and injuries. Your attorney will use the evidence of your accident to create a narrative that shows the liable party’s breach of a duty and the monetary value of your damages.
Florida applies comparative negligence standards to car accident claims. If an injured party was partially at fault for causing the accident, his or her damages will be reduced in proportion to that fault. For example, if an injured party suffered $1 million in damages but was determined to be 40% at fault for the accident, the damages award will be reduced by 40% to $600,000. Given this aspect of Florida law, an injured accident victim will always recover a larger damages award when he or she can prove that the full responsibility for the accident lies with another negligent driver.
The car accident lawyers at Kogan & DiSalvo will work tirelessly to prove your car accident claim and to collect the largest available damages award that you are entitled to recover. Call our Boca Raton offices or any of our satellite locations promptly after your accident for a complimentary consultation.
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.