Florida Car Accident Lawyer
Unfortunately, driving is one of many experiences where the actions of others can have a significant impact on you and your passengers. One person’s actions, whether intentional or not, could leave you with extensive medical bills, numerous missed work days, and severe injuries.
Skilled Florida car accident lawyers from our firm could help you fight to recover damages and hold a negligent driver accountable for their actions. By working with Kogan & DiSalvo personal injury attorneys, you could significantly increase your chances of recovering just compensation and achieving a favorable resolution to your case.
Negligence in Florida Car Accident Cases
Negligence is the standard legal grounds which almost all accident victims in Florida—or the car crash attorneys representing them—base their civil cases upon. When someone acts with disregard for their duty to drive safely and not put others at risk, they may be considered negligent. To prove liability in a car accident case based on this principle, the four main elements of legal negligence must be demonstrated.
Duty of Care
All drivers owe other drivers on the road a duty of care. Under the law, drivers must obey all traffic laws and drive safely when on the roadway.
Breach of Duty
If a driver fails to act reasonably and puts others in danger, they could be considered to have breached their duty. This could be from running a red light, speeding, texting while driving, driving an unsafe vehicle, or any number of other actions—or, as the case may be, inaction.
The existence and breach of duty do not give rise to a lawsuit alone. The breach must have caused injuries, and the plaintiff generally must be able to prove that the defendant’s breach of duty specifically caused their injuries.
Finally, for a court to decide a case in favor of the plaintiff, their injuries must have led to demonstrable and compensable losses. These losses are usually referred to as damages and often include:
- Ambulance expenses
- Medical bills
- Lost wages
- Hospital Charges
So long as an injury requires medical treatment and results in some sort of financial loss as a result, a civil case could be filed. A dedicated Florida car accident attorney could help an injured victim recover the damages they deserve.
Florida’s Comparative Fault Laws
Car accident cases often involve multiple parties, and sometimes even the plaintiff can be found liable for some of their injuries. A Kogan & Disalvo car accident lawyer could help explain how Florida’s comparative fault laws, and how these laws may impact a particular claimant’s case.
Under a comparative fault system, if there are multiple defendants found to be partially liable for an accident, each would typically pay the plaintiff their damages in accordance with their own percentage of liability. If the jury determines that a plaintiff has liability for their damages, they could be assigned a percentage of liability just like a defendant.
Their percentage of liability may reduce the damages an injured person may be eligible to receive. However, this would generally only happen if the defendant raises the possibility of plaintiff liability as a defense and can prove that the plaintiff could have done something to mitigate their damages.
Help from a Florida Car Accident Attorney
Regardless of the circumstances surrounding your accident, seasoned Florida car accident lawyers could be of service. By developing a comprehensive legal strategy to show how the defendant’s negligence caused your damages, the Kogan & DiSalvo legal team could assist you with pursuing compensation for all your damages. Reach out today to schedule a free initial consultation.