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Even a minor car accident, or a fender-bender, can throw a person’s life into chaos. The car may not be safe to drive and has to be repaired. They may need to obtain emergency medical care, and attend physical therapy sessions. More serious accidents may leave someone unable to work for months or could result in a permanent disability. No matter the perceived seriousness of the accident, it may be important that individuals take steps to protect their rights and to preserve their claims for compensation.
An experienced injury attorney could handle the details in order to allow the injured person to focus on their recoveries. Read on to learn more about how Kogan & DiSalvo can make a difference in your case today.
What Kinds of Injuries Might Someone Sustain in a Car Wreck?
A serious car accident could cause someone to suffer a number of severe and life-threatening injuries. Milder car accident injuries may include soft tissue injuries, muscle strains, contusions, and whiplash. However, an auto accident can cause far more serious bodily harm, such as brain trauma, paralysis, loss of a limb, as well as fractured or broken bones.
State law requires most individuals injured in an auto accident to file a personal injury protection claim through their insurance company, even if another driver was to blame for the crash. However, if the individual’s injuries are severe enough, they may be able to seek compensation from the other driver’s insurance carrier as well.
Establishing Liability
Most collisions between vehicles are accidents. This means that no one intended to cause the collision or the injuries that resulted. Still, accidents are not without consequence. Regardless of whether the collision results in property damage, personal injury, or no damage at all, one or more drivers may be at fault. Determining who carries the blame for the accident is a key question in any lawsuit. To accomplish this, an individual must prove that the other driver was negligent. This is a precise legal cause of action that carries a specific definition. In short, a plaintiff needs to prove:
- That the defendant owed a duty to the plaintiff
- That the defendant’s actions breached this duty
- That when the defendant breached this duty, the plaintiff suffered an injury
In car accident cases, there is always a duty of care involved. This is because all drivers assume this duty as a matter of law whenever they get into their vehicles. This duty extends to all other motorists on the road, any passengers in these vehicles, and all pedestrians. If the defendant received a traffic violation for an action that led to the accident, such as speeding or failing to yield, the defendant may be at fault.
Recoverable Damages
A demand package that most accurately reflects the damages sustained in the incident contains not just medical bills for physical harm, but takes into consideration the total impact of the accident on a person’s life. Therefore, claims may demand compensation for lost wages, pain and suffering, mental anguish, and loss of enjoyment of life. Contact an injury attorney to learn more.
Can a Car Accident Claim Be Settled Outside of Court?
Many auto accident claims are settled outside of court. There are a variety of advantages to settling a claim without litigation. Going to court can drag the case out for much longer, while resulting in significant added cost. However, whether or not a claim can be settled outside of court depends on a variety of factors. If the insurance company will not negotiate a claim or offer the full value of the individual’s damages, it may be necessary to file suit. An attorney could discuss whether a specific car crash claim may have a chance of succeeding in court and if filing a lawsuit may be advisable.
The Statute of Limitations
There is a strict time limit that determines when someone can bring a claim forward. This is known as the statute of limitations. According to Florida Statute 95.11, all cases based upon another individual’s negligence, including car accidents, must start no more than two years after the date of the incident. If this time passes, and no case is yet in court, the plaintiff cannot gain any compensation.
Are There Exceptions to the Two-Year Statute of Limitations?
There are several specific exceptions to the two-year lawsuit filing rule for car accident cases. For instance, when a minor is involved there may be a longer period to file. There are also conditions that can shorten the time.
How Indian River County Car Accident Lawyers Could Help
Car accidents are among the most common causes of injury claims. Every year, many people must deal with the aftermath of a car accident and the injuries that result. However, compensation from those responsible could help individuals cover the costs of their accident. Skilled Indian River County car accident lawyers could handle all the details, letting individuals concentrate on what is important in their lives. A lawyer from Kogan & DiSalvo could investigate the accident, interview any witnesses, and prepare demand packages that accurately reflect one’s damages. Reach out to the professional Indian River County car accident lawyers of Kogan & DiSalvo today for your initial consultation.
