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Car crashes can cause serious injuries and a stack of medical and associated bills that can hurt a family’s finances unless those expenses can be recovered through legal means. Those who are seriously injured in a traffic collision should contact an experienced personal injury attorney in Broward County at Kogan & DiSalvo. We can help individuals interested in obtaining damages build a case towards the type of compensation that may be right for them.
A variety of circumstances can lead to a serious car crash. Careless or negligent driving are among the most common causes of serious car accidents. Actions such as driving drunk, aggressive driving, operating a vehicle under the influence of drugs, and speeding frequently lead to crashes as well. Reckless driving, running a red light, and wrong-way driving are also common factors in roadway accidents. A local attorney could help someone pursue legal action depending on the cause of their car accident.
Several details can impact the amount of compensation that someone may be entitled to when filing a claim after an auto accident. The severity of the individual’s injuries is one of the most important factors. If someone’s injuries render them eligible to file a claim beyond what their PIP policy covers, they may receive other forms of compensation than would not be available through their policy alone.
The determination of liability in the claimant’s case also may impact the value of their compensation. For instance, if the claimant is responsible for their injuries at all, this could reduce the amount of compensation they receive.
Florida’s no-fault law requires all drivers to have insurance with a minimum of $10,000 to cover their own medical bills. The Personal Injury Protection (PIP) insurance covers the insured driver, family members who reside with the named insured, and some passengers, regardless of who caused the collision.
No-fault insurance will not cover all expenses and does not cover non-economic damages, such as pain and suffering and emotional trauma. Florida law allows the insured to use the legal system to recover non-economic damages by suing the driver who caused the collision, but only if the injuries sustained are permanent.
The criteria to get past the no-fault insurance threshold include sustaining a permanent injury, an injury that has caused scarring or disfigurement, or when a crucial bodily function injury is significant or permanent. No-fault insurance is intended to relieve pressure on Florida’s crowded court system.
Seriously injured people may sue the driver who is at fault in a collision under Florida’s negligence law. Negligence is an act, or an omission, that a reasonable and prudent person would not do in a similar situation.
A Broward County car accident attorney can work to demonstrate the duty of care owed toward the injured person. In car wrecks, the fact that the drivers involved must share the roads implies a duty of care is present.
An act, or failing to act, that breaches the duty of care is the second element. For example, a driver turning left in front of an oncoming car without the proper distance necessary to avoid a collision breaches their duty. It also must be shown that the breach caused the crash and the crash caused the injuries.
If someone is involved in a serious car accident in which they sustain bodily injuries, it is often prudent to seek the advice of an attorney as soon as possible. Although only certain injuries will qualify someone to file a case with the other driver’s insurance company, an attorney could evaluate the types of compensation that may be available and if it may be possible to obtain payment other than through the individual’s PIP.
An attorney also could work on a claimant’s behalf to recover all compensation available for their injuries by communicating with the insurance adjuster and negotiating for a fair outcome. Most importantly, a lawyer could evaluate the statutory grounds for the injured individual to file a lawsuit against the other driver and ensure they do so in a prompt manner.
The attorney will prepare the lawsuit and document all the expenses to show what actual damages happened. In preparing for trial before a jury or a judge, the attorney will need to call unbiased witnesses of the crash, and medical and other experts to prove the extent of the injuries and reconstruct the collision.
In civil court, many cases are settled. In that situation, a Broward County car accident lawyer from Kogan & DiSalvo can aggressively negotiate with the insurance companies involved to achieve fair compensation. Seriously injured parties can schedule an appointment for a no-cost, no-obligation consultation.
Your attorney can weigh the facts of the collision to determine if you can move from the required no-fault insurance and sue in civil court for money spent on medical expenses, lost earnings, and emotional and mental harm. If you have been injured in a collision, speak with an attorney that can advocate for you.
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