Stuart Car Accident Lawyer
In the coastal town of Stuart, Florida, more crashes occur in the evening hours of Saturdays and Sundays when traffic is up in November through January from winter visitors, according to city statistics.
Some crashes result in injury or death, and when they do, those involved require the help of a qualified Stuart car accident lawyer to recover damages. An experienced injury attorney in Stuart can build a claim to help attain just compensation on your behalf.
The most common reasons for car accidents are drivers distracted by Stuart’s beauty or by electronic devices, driving aggressively, driving while intoxicated, and running red lights and stop signs, according to the National Highway Traffic Safety Administration. About 36 percent of car crashes happen when turning or crossing an intersection.
What to Do in an Accident
Those involved in an accident must stay at the scene until police have gathered the information they need for an accident report. Leaving the scene is a criminal felony and displays a conscience of guilt in causing the crash.
An individual should assist anyone who is hurt to get out of the car and move them to safety, if needed.
Exchanging information is necessary, but it is important for a person to not admit fault. An individual should be sure to take photographs from various angles before the cars are removed and to get the names and contact information of any witnesses. An experienced car accident attorney in Stuart can best guide an individual on what to do following their accident.
After the Accident
Stuart car accident attorneys advise not to talk to the other party’s insurance company. An insurer may offer a quick settlement that probably will not cover all of the damages.
An individual should be sure to go to the doctor after being involved in an accident. Even in a minor fender-bender, whiplash can take days and even much longer before that injury reveals itself.
Under Florida law, fault is assessed by the comparative negligence standard.
If a driver is legally stopped at a red light and is hit from behind, the stopped driver does not share any fault and will be able to claim all damages. Fault could be shared in other scenarios.
If the fault is shared, the parties may only claim partial damages. For example, if one driver is 70 percent at fault and the other is 30 percent at fault, damages will be reduced by the percentage of fault each driver bears, so the driver who is 70 percent at fault may recover only 30 percent of the damages. This process can be best explained by a knowledgeable car accident attorney in Stuart.
The comparative negligence standard has four elements that need to be proven:
- Duty of care: The law requires that a person has a legal obligation not to cause harm or property damage to someone else
- Breach: Duty of care is violated by an act, or failing to act, in a situation
- Causation: The breach of duty caused harm or property damage
- Damages: Actual injury or property damage did occur
Contacting an Attorney
The Stuart car accident lawyer preparing the case will:
- Present any photographs taken at the accident scene as evidence
- Develop computer graphics of the scene to reconstruct the accident for a jury
- Conduct a thorough, independent investigation, which includes interviewing all parties and witnesses under oath. Anything other parties’ say may be used as evidence
- Document all medical, therapy, property damage, and other expenses incurred
- Calculate damages for pain and suffering, emotional distress, loss of consortium, lost current and future earnings, and other damages that apply
- Prepare the case for trial
- Negotiate a settlement
Insurance companies will act in their own interest. As most civil lawsuits are settled without going to court, the car accident lawyer in Stuart will aggressively negotiate with the insurance carrier to reach a settlement that is fair and satisfies the client.
Florida personal injury lawyers work on contingency, which means legal fees are taken from the monetary award. Should the case not be successful the client is not charged legal fees.