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Car accidents are perhaps some of the most common sources of all personal injury claims. Whenever these accidents result in an injury, the injured party may have the right to seek compensation.
Our dedicated Port St. Lucie personal injury attorneys can stand up for the rights of people injured in car accidents. They could work to get individuals the compensation that they deserve with as little aggravation as possible. Contact Kogan & DiSalvo today to schedule your free consultation.
Negligence in St. Lucie County Car Accidents
Every car accident is someone’s fault. This means that one or more driver must take on legal liability for the result. However, proving the fault of a driver can be a difficult task. Negligence carries a strict legal definition that all plaintiffs must be able to prove if they wish to collect payment.
In short, negligence involves three main elements:
- The defendant must owe the plaintiff a duty of care
- The defendant must breach this duty of care
- The failure to protect the plaintiff caused their injuries
Duty of Care
In St. Lucie County car accidents, there is always a duty of care because all drivers assume this duty whenever they get behind the wheel. This duty extends to all other drivers, passengers, and pedestrians.
It is also almost always the case that the injuries claimed by the plaintiff were the result of the collision. If a plaintiff can produce medical records that connect the treated injuries to the incident, they may be successful.
Most disputed car accident cases center around whether the defendant driver breached their duty of care. One powerful piece of evidence is the responding police officer’s report. If this report issues a ticket to the driver or otherwise states that they were at fault for the accident, a plaintiff may be well on their way to a winning case. Experienced Port St. Lucie car accident lawyers may be able to properly use negligence as an effective component of a potential civil case.
When to File a Claim
It is never too early to start the claims process. In fact, the earlier the case can start, the more likely it is that all the evidence will be accurate.
Many insurance companies believe that they can convince people to take quick settlements before the case is fully developed, or trick people into making statements that admit fault. However, as soon as a person hires a lawyer the insurance company must deal with that lawyer directly, thus making it more difficult to settle for less than a case is worth.
There is also a time limit on a case. This is the statute of limitations and controls when someone can file a case in court. Florida Statute 95.11 states that all claims alleging negligence must start no more than two years from the date of injury. Insurance companies are aware of this rule and may refuse to discuss cases that violate the statute of limitations. Consult with a Port St. Lucie car accident lawyer to learn more about when to file a claim.
Get Help from Port St. Lucie Car Accident Attorneys
Getting into a car accident can be frightening. People may suffer serious injuries requiring months of medical treatment. All the while, they may be losing money due to not being able to work. They may also have a defendant’s insurance company pressuring them into signing a statement or settlement.
Our Port St. Lucie car accident lawyers could work to protect your rights. A lawyer from Kogan & DiSalvo could deal with the insurance company so that you can focus on putting your life back together. Contact our office today for a free consultation to learn how we could help.
