Did you recently suffer injuries in a car accident? Are you being blamed, even though you are confident that you had nothing to do with causing the crash? It’s important to hire an experienced car accident attorney to help you neutralize these claims and protect your ability to recover the compensation you need and deserve.
Here’s how an attorney can help you out if you find yourself in this stressful situation.
Providing You with Sound Legal Advice and Guidance
The actions that you take in the months after your auto accident can have a substantial impact on your life. If you make the wrong moves, you might open yourself up to an expensive lawsuit.
However, if you can make smart decisions, you should be able to protect your finances and your prospects for the future.
When you enlist the services of an experienced lawyer, they can use their knowledge of the law to help you consistently make the right calls.
Conducting a Thorough Investigation into Your Motor Vehicle Accident
The fact that the other driver blames you for your auto accident does not make it your fault. This statement is also true when police officers ID you as the at-fault party in their crash report.
When you hire a knowledgeable personal injury attorney, they will launch an independent investigation into your car accident to figure out who is really to blame. To accomplish this goal, they will speak to witnesses and review photos from the scene of the crash. They might also hire an accident reconstructionist to analyze the cause of your collision, and turn to other injury experts for help throughout the process.
If the results of this investigation indicate that you are not at-fault for the crash, you can use it to defend yourself against lawsuits and other similar legal actions.
Dealing with Your Insurance Company on Your Behalf
Florida is a no-fault state. This designation means that when you get into an accident on a public road or highway in Miami, you may file a claim for damages for your medical bills and property damage with your insurance company – no matter who is to blame for the collision.
For most car accident victims, this claims process should work as follows:
- Initial Filing: The injured party files a compensation claim with their insurance company.
- Processing: The insurance company receives the claim and reviews the details of the accident and the extent of the victim’s injuries.
- Settlement: The insurance company approves the victim’s claim and releases the funds they need to pay for their expenses.
Unfortunately, the system does not always work as well as it should. It is not at all unusual for insurance companies to deny and delay valid claims in an effort to maximize their profits.
Reasons insurance companies use to deny claims include:
- The policyholder did not submit their claim quickly enough
- The policyholder did not provide sufficient evidence
- The policyholder’s injuries are not as severe as they claim
- The policyholder’s policy does not cover their accident
In some cases, insurance companies even try to shortchange their clients by claiming that they are overestimating the funds they need to treat their injuries and repair their property.
When you hire a skilled personal injury attorney, they will prevent insurers from engaging in bad faith actions like those outlined above.
Filing a Personal Injury Lawsuit Against the Other Driver
When you suffer an injury in an accident for which you hold a share of the responsibility, you might think that you cannot sue the other driver. If you lived in one of these contributory negligence states, you would be right:
- Alabama
- Maryland
- North Carolina
- Virginia
- Washington, DC
These jurisdictions forbid anyone who contributed to the accident – even a little bit – from recovering any compensation.
In the state of Florida, however, it is entirely possible to bring a personal injury case in the aftermath of a collision for which you hold some of the blame. The state’s comparative fault law explains that anyone who holds less than 100 percent of the fault for an accident can pursue damages.
Unfortunately, if you should ever find yourself in this situation, you will not receive your entire compensatory payout. Under Florida law, a judge must decrease your award in line with the percentage of blame you hold before they can release your funds.
So, if a jury awarded you $200,000 after a collision for which you held 50 percent of the responsibility, you will not get your full award. Instead, you will receive $100,000.
How Do Courts Calculate the Amount of Compensation Victims Receive?
When assessing the amount of compensation to pay out in personal injury cases, courts can consider a wide range of factors, such as:
- The cost of your initial medical treatment
- The expenses associated with your ongoing healthcare needs
- The fees attached to your therapies and rehabilitation
- The amount of time you missed from work because of your injury
- The impact your injury will have on your ability to earn an income
- The cost to repair or replace your vehicle and personal property
- The mental anguish you endured because of your injury
- The effect your injury will have on your overall quality of life
Judges and juries generally award the most substantial payouts to people who sustain injuries that leave them with life-long disabilities that prevent them from continuing to work.
Depending on the nature of your motor vehicle accident, you may be able to recover compensation for your:
- Medical expenses
- Ongoing care costs
- Rehabilitation fees
- Lost wages
- Loss of earning capacity
- Property damage
- Mental anguish
- Pain and suffering
- Loss of enjoyment of life
If there is evidence that the other party was grossly negligent or engaged in intentional misconduct, you can also claim punitive damages. In Florida, payouts of this nature can be as high as the greater of $500,000 or three times the amount of compensatory damages.
Find Out How a Personal Injury Lawyer Can Help if You’re Being Blamed for an Accident with Lavent Law, PA
Would you like to learn more about how a personal injury lawyer can help if you’re being blamed for an accident? Then please get in touch with the team at Lavent Law, PA, as soon as possible. Our Miami personal injury lawyers have been standing up for accident victims like you for years. We would be more than happy to provide you with the information you seek.
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