You may be able to sue someone personally if you have been injured in a Naples car accident. You have several options when it comes to taking action against the negligent driver whose actions caused your accident and your injuries.
You can file a claim against them and their insurance company, and if that does not yield the compensation you deserve, you can even sue the driver personally, taking them to civil court and making your case in front of a jury.
For a free legal consultation, call (800) 747-3733
What You should know after a Naples Car Accident
If you were involved in a car accident in Naples, you should be aware of your many rights. Most importantly, you may take action to hold the other driver liable and collect money from them and their insurance company. You may have a limited time to do so under Florida Statutes §95.11(3)(a).
The state allows injury victims four years from the date of their accidents to pursue damages. While that is considerable time, you are encouraged to reach out to us for help as soon as you can for several reasons.
An early start gives our legal team time to build the strongest case for compensation that we can, and it ensures that your case is filed with the civil court on time. Missing the statute of limitations deadline likely means you lose your opportunity to recover your accident-related losses.
Proving Negligence in an Accident Case
Part of building your case means we have to prove that the other party acted negligently.
Negligent driving behavior includes but is not limited to:
- Drunk or drugged driving
- Distracted driving
- Violating any traffic law
- Drag racing or “burning out”
- Weaving in and out of traffic
- Drowsy driving
A Naples car accident lawyer from our firm will collect evidence to show that the other driver engaged in one of the above behaviors or was otherwise acting negligently at the time of the accident. We will do this by:
- Examining the accident scene
- Reviewing the official police report and your medical records
- Interviewing witnesses
- Reviewing photos and video surveillance
- Ordering accident reconstruction, bringing in expert witnesses, and more
We encourage you to have us review any evidence you think would be helpful to your case. We will help you prove the other party acted negligently by proving they owed you a duty of care but caused your injuries when they failed to meet it.
The Damages You Could Recover for an Accident
Our team fights for the full slate of damages you deserve. Your damages can fall into two categories: economic and non-economic. Economic damages have a dollar amount and can be documented, while non-economic damages are subjective and do not have a dollar amount attached. These may include the following economic damages and more:
- Medical expenses
- Lost wages
- Reduced earning capacity
Examples of non-economic damages are:
- Pain and suffering and inconvenience
- Loss of enjoyment of life
- Emotional distress
We can add up all damages to determine a value for your case. Then, we will request them from the insurance company or at-fault party.
Wrongful Death Damages are Possible
If a loved one suffered a fatal injury in your Naples-area car accident, we can help you pursue any wrongful death-related damages. Such damages can help pay for the final medical bills your loved one had as well as any funeral and burial arrangements.
Our lawyer can walk you through the process of filing a wrongful death action if you are eligible under state law to do so. Florida Statutes § 95.11(4)(d) allows only two years to take legal action of this kind, so the sooner you reach out to us, the sooner we can start exploring this possible avenue of compensation for you.
How Comparative Negligence Could Apply to Your Case
Even if the accident was partly your fault, we can still fight for compensation in many cases under Florida Statutes §768.81. If you are found partially responsible for causing the accident, your percentage of fault will be counted against any settlement you receive. This means you will receive the remainder after your percentage of fault is deducted from it.
Is it Necessary to Go to Court?
You have the right to sue the other driver after a Naples car accident. But that does not mean it is always your best option. To collect compensation after a car accident, you typically will go after the insurance company, not the driver. Insurance companies are often willing and even eager to settle out of court to avoid a protracted legal process and the money that entails.
We will try to come to an agreement with the insurance company. But if they do not agree to fair compensation, we will not hesitate to take them to court.
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Other ways our Naples Lawyer can Help Your Case
Our responsive legal care ensures that you focus on getting better while we worry about everything else. We know the thought of taking on a legal matter while recovering from a car accident can be stressful. We can take this responsibility off your hands entirely and manage your case from the time we agree to work together.
We will update you regularly on your case, keeping you informed. Daily communications with other involved parties become our responsibility when we take on your case. We also will represent you in negotiations with the insurance company and attorneys for the other party. If you receive any settlement offers, we can review them and give you legal counsel. Of course, the final decision is up to you.
We also will ensure you meet all the important legal deadlines so that your lawsuit gets the care it deserves.
For a Free Naples Car Accident Case Evaluation, Call Today
The Law Offices of Anidjar & Levine is eager to get to work on your Naples car accident claim today. We will go after the other driver and their insurance company and help you get paid. For a no-obligation case evaluation, call us today to speak with a member of our legal team. We can help you decide if you can sue someone personally after a car accident and advise you of your legal options.