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.
Collecting evidence to prove your car accident claim
In addition to exchanging your contact and other information with the other driver, you should do everything possible to document your car accident, including:
- Take photographs of the accident scene
- File a police report and report the accident to your car insurance company
- Get names and contact information for any eyewitnesses
- Write down your impressions of prevailing traffic, weather, and lighting conditions at the time of the accident
- Get a medical examination after the accident, even if you believe that your injuries are minor
- Keep accurate records of all medical and other expenses you incur, and maintain a log of any work that you missed while recovering from injuries
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.
How the evidence is used
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.
Your own liability might reduce your damages recovery
As of 2023, Florida applies a modified comparative negligence standards to car accident claims. If an injured party was 50% or more fault for causing the accident, he or she will not be able to recover any compensation for their injuries. For example, if an injured party is determined to be 50% at fault for the accident, they will not be able to recover any compensation. Given this aspect of Florida law, an injured accident victim will recover a damages award when he or she can prove that the defendant was at least 51% at fault.
Kogan & DiSalvo Can Help
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.