Most of us rely on cars. Whether we use them to commute to work, to take care of errands, or just to visit family, and any time that we get behind the wheel we are at the mercy of other drivers.
But even if we never drive a car ourselves, we can still suffer injuries through the negligence of other drivers. People hurt while passengers or even as pedestrians have the same rights to compensation for their injuries as drivers do.
An experienced and knowledgeable Martin County injury attorney strives to help all people injured in car accidents hold the negligent drivers responsible and to obtain the compensation they deserve. Speak with one of our attorneys for more information on how they can help get you the money your case is worth.
In simple terms, any time a person is at fault for a car accident, they must pay for all damage that they cause. Naturally, this extends to paying for any personal injury caused by the at-fault driver. This applies even if the negligent driver did not mean to cause any harm. Even in cases of gross misconduct, such as drunk driving, a driver did not necessarily intend to cause harm.
Instead, the law allows people who suffer injuries by negligent conduct to claim that the driver is liable. People are negligent when they act in a way that places others in an unreasonable risk of harm. In court, a plaintiff must prove that the defendant owed them a duty of care. They need to show that the defendant failed or breached this duty. Finally, they must prove that their injuries were a result of this breach of duty.
In car accidents, all drivers assume a duty to care for all other people they may meet on the road. This duty is most often broken when a driver violates a rule of the road. For example, if a police officer responding to the scene of an accident marks in their report that a driver was cited for a traffic violation that led to an accident, the defendant driver is negligent by law. Speak with a Martin County car accident lawyer to learn more.
Florida has no-fault laws when it comes to auto accident claims. This means that the individual’s injuries must satisfy specific statutory requirements if they wish to proceed with a claim against the other driver. Not only that, but the majority of individuals injured in car crashes must file a claim under their private policy first then the other driver’s to receive payment for their losses. This policy coverage is called personal injury protection.
An individual who suffers injuries in an auto accident, whether they caused the crash or were the victim of another’s negligence, can file a personal injury protection claim and collect compensation, up to policy limits. It will only be possible for the injured individual to get compensation from the other driver if they suffer specific kinds of permanent injuries.
Even at low speeds, car accidents have the potential to cause severe injuries. A simple rear-end accident can cause injuries to a person’s spinal column and neck. Side impacts place immense pressure on people’s legs and arms. Head-on collisions can trap people in their vehicles and can lead to paralysis or even death.
As harsh as the physical injuries can be, they are not the only money someone can seek. Any time a person must miss work as the result of an accident, whether due to a disabling injury or the need to attend doctor appointments, they can claim lost wages and earnings as one of the damages. Additionally, mental anguish and suffering are common after a car accident and an individual may be able to seek money for those injuries.
To be able to claim anything, a medical professional must document all injuries. Anyone injured in a car accident should immediately visit the emergency room or urgent care type facility and follow up with all recommended treatment. A seasoned Martin County car accident lawyer understands the medical needs and the compensation available to people and may be able to use their experience in helping to maximize their recovery.
If someone’s injuries enable them to file a lawsuit against the other party or parties involved, it may be possible for them to claim punitive damages in addition to compensatory damages like lost wages and medical bills. For instance, if the plaintiff can show that the other driver caused the accident on purpose or by their egregious conduct, the court may decide that there is good reason to give an award of punitive damages. These damages are commonly seen in situations involving drunk drivers, and is a dollar amount in addition to other compensation.
After a car accident, most people just want to get their lives back on track. Unfortunately, this may be difficult due to lingering pain, the need to visit doctors, and lost income from an inability to work. On top of that, individuals may need to deal with the insurance companies who could be trying to get rid of the case quickly, and for as little money as possible.
Our Martin County car accident lawyers are here to help. A lawyer from Kogan & DiSalvo is ready to handle your car accident case with full attention and care. They could shield you from aggressive insurance companies so that you can focus on feeling better and getting your life back on track. Most cases end with a satisfactory settlement, but if a trial is necessary to get you the compensation that you deserve, a Florida bar board certified civil trial lawyer could stand ready to argue your case in court. Contact Kogan & DiSalvo for a free consultation today.