If you’ve recently been injured in a car accident, you understand how painful and life-altering it can be. While recovering, you may incur extensive medical costs and lose income due to taking time off work. And depending on the nature and severity of your injuries, you may face repercussions such as long-term disability, ongoing medical care, and physical and emotional suffering.
Every motorist on the road owes others a legal duty to drive cautiously and use reasonable care. Failing to do so can result in an accident, and unexpecting drivers and their passengers can be severely injured. Fortunately, these motorists can be held responsible for their actions. At the Law Offices of Anidjar & Levine, our Marco Island car accident lawyer can help injured auto accident victims secure the compensation required to pay for their losses.
What A Car Accident Lawyer Can Do For Your Case
The primary goal of a Marco Island car accident lawyer is to identify the damages you can pursue for your accident-related losses and calculate their worth. These can include, but are not limited to, the following:
- Medical expenses, such as emergency care, hospitalization, doctor visits, surgery, physical therapy, prescription medication, etc.
- Lost wages if you were unable to work due to your injuries
- Diminished earning capacity
- Property damage
- Physical and emotional pain and suffering
- Reduced quality of life
- Loss of companionship
- Permanent or temporary disability
Understandably, many people are concerned about their immediate costs after an accident. However, your lawyer will consider how the accident may contribute to future losses when building your claim. These may include your future medical expenses, how your injuries will affect your ability to work, and the accident’s long-term physical and emotional impacts.
File A Wrongful Death Claim
If your loved one was fatally injured in a car accident, the liable party could be held responsible for paying damages. These include funeral and burial costs and medical costs leading up to your loved one’s passing. Your attorney can help you build a wrongful death claim to get justice for your loved one.
Interpret The Law And Assist Your Decisions
The law can be challenging to understand, and most people lack formal legal training. For this reason, it’s often best to have a personal injury attorney who can understand and interpret the laws relevant to your claim. A Marco Island car accident lawyer can be your go-to expert for anything legal and help you make well-informed decisions.
Investigate Your Accident And Gather Evidence
A vital role of an attorney is thoroughly investigating your accident and gathering all available evidence to build a solid claim. This must be done as soon as possible after the collision, and a car accident attorney will know what evidence to look for to support your case.
Evidence that you and your attorney can gather includes the following and more:
- Police reports
- Medical records and bills detailing your injuries and associated costs
- Photos and video taken after the accident
- Nearby CCTV and cell phone video that recorded the accident
- Pay stubs and income statements to show lost wages
- Eyewitness testimony and affidavits
- Testimony of expert witnesses, such as doctors, police, accident reconstruction specialists, coroners, etc.
- Receipts from a car mechanic or dealership to prove property damage
Prove Fault, Negligence, And Liability For A Marcos Island Car Accident
To recover compensation from another party, your attorney must prove that they were negligent and, therefore, liable. Proving negligence and liability requires that your attorney establish the following legal principles:
Duty of Care: This basic legal principle requires that all motorists must drive with enough caution to avoid harming other drivers with whom they share the road.
Breach of Duty: A breach (violation) of duty of care implies that the motorist failed in their obligation to others to exercise due caution. Examples of driving violations include the following:
- Distracted driving, such as texting or using a cellphone
- Driving while intoxicated
- Speeding or going too fast for weather conditions
- Failing to yield the right-of-way
- Running stop signs or red lights
- Driving the wrong way
- Driving reckless, with disregard for the safety of others
Causation: The driver’s breach of duty proximately caused the accident, which resulted in your injuries. Proximate causation means that you would not have been injured if not for the other party’s breach of duty.
Damages: You incurred quantifiable damages, such as medical bills, due to the accident and your injuries.
Negotiate For A Fair Settlement
In many cases, it’s best to leave insurance negotiations to legal professionals who can lend expertise and credibility to your case. We will handle communications on your behalf and ensure you don’t say anything that the insurer can use against you later.
Your attorney will first send the insurer a demand letter to initiate negotiations. In this document, they will request significant but reasonable compensation. Unfortunately, the insurer may respond with a very low counteroffer that you find unacceptable. You may make another counteroffer, and both parties will continue back and forth until (1) a settlement is reached or (2) you sue to get the compensation you seek.
The outcome of a settlement largely depends on how prepared you are to present your case, what you consider an acceptable agreement, and how long you can wait to receive compensation. A Marco Island car accident attorney from our firm will fight to achieve the most favorable outcome possible in your case.
Represent You In Court
Many auto accident claims are settled before a lawsuit is warranted. However, if you go to trial, your attorney will fight for your best interests and represent you in court. They know how to refute the arguments of insurance companies and their legal defense team. They will submit evidence to support your case and use any resources at their disposal to prove you are entitled to the compensation you seek.
The Florida statute of limitations for personal injury claims is four years from the date of your injuries, per Florida Statutes § 95.11(3)(a). Failure to file by this deadline may result in your inability to secure the compensation that might otherwise be available.
Marco Island Auto Insurance Claims
Florida is considered a “no-fault” state for car insurance purposes. This means that your own insurance will be liable to cover your costs, rather than you initially having to file a claim with the insurer of the other driver. In Florida, drivers are required to carry personal injury protection (PIP) insurance to pay for medical bills and property repair and replacement costs.
However, if your damages exceed your coverage amount, you can sue the other driver or their insurance company for compensation. So, if you have costs that your insurance won’t pay for, you should consider hiring an attorney and pursuing compensation in court.
It is also important to note that Florida recognizes the legal principle of comparative fault. This means that if you are partially responsible for your accident, your compensation will be adjusted accordingly.
Get Help From A Marco Island Car Accident Attorney
If you’ve suffered injuries and experienced losses due to an auto accident, it’s never too soon to consult with an attorney. When you let our team at the Law Offices of Anidjar & Levine handle your case, we promise to answer your questions and respond promptly to your calls and emails.
We are committed to going the extra mile to ensure your case is handled so you can focus on your recovery. Please contact us today for a free consultation.
We Can Help.