Okeechobee County Car Accident Lawyer
Even those who follow every rule of the road and drive with appropriate caution cannot always avoid the reckless actions of others. Sadly, even with modern safety equipment and reliable vehicles, even low-speed collisions can result in severe injuries. Fortunately, all people who suffer injuries in car accidents, whether drivers, passengers, or pedestrians, may seek compensation for other people’s negligence.
Skilled attorneys could help people obtain this compensation and set things right. Contact Okeechobee County car accident lawyers today for a free consultation.
Who is At-Fault for a Car Accident?
By law, there cannot be an accident where nobody is to blame. Because of this, one or more parties to the accident may be legally liable for the result. These results can include both property damage and physical injury. If a driver is at fault, they are responsible for all damage, no matter how severe. Even if the accident is seemingly minor, an at-fault driver must pay for the result.
Determining who is at-fault is the central question for any car accident case. These cases use the legal theory of negligence to determine if a driver has legal liability. Negligence has a strict definition that a plaintiff bears the burden to prove. Simply put, a plaintiff must prove:
- That the defendant had a legal responsibility to look out for their wellbeing
- That the defendant failed in this responsibility
- That the defendant’s failure in this responsibility caused an injury
In all car accident cases, a defendant has a legal duty to protect the plaintiff. This is because all drivers assume this duty whenever they get behind the wheel. This duty extends to all other motorists, their passengers, and even pedestrians.
In some cases, in order for Okeechobee County car accident lawyers to prove negligence, the may have to involve the police officer who issued a citation to the defendant driver for a moving violation. If the police decide that this violation was a cause of the accident, they are negligent, or negligent per se. Other cases may require more intensive accident reconstruction and the testimony of witnesses to assign blame.
Limitations on Okeechobee County Car Accident Claims
As with any other lawsuit, a plaintiff can claim damages only for losses that actually occurred. Of course, people can claim damages related to the medical costs associated with treating the injury. But they may also demand compensation for mental anguish, loss of enjoyment of life, and lost wages from missed time at work.
Cases also fall under a statute of limitations. This governs when someone may bring a case to court. If this time limit expires, the court may dismiss the case and insurance companies may no longer engage in settlement negotiations. Under Florida Statute 95.11, plaintiffs must start their cases in court no more than four years from the date of injury. Speak with Okeechobee County car accident lawyers to learn more about the limitations on car accident claims.
Talk to Okeechobee County Car Accident Attorneys Today
Every car accident case is a serious matter. Whether the accident was a relatively minor one where everyone walked away or was so serious as to require an ambulance trip to the emergency room, people have rights. An Okeechobee County car accident lawyer could represent victims in their claims for compensation.
Lawyers could take over every aspect of the case from gathering evidence, to talking to witnesses, to preparing demand packages that accurately reflect the impact of the accident on your life. Contact an attorney today for a free consultation to learn how they could help you.