If you have been injured due to the negligence of another driver, know that you may be eligible to recover compensation for your resulting damages. In truth, any damages caused by another driver in a car accident can be claimed in a car accident lawsuit. A Marion County car accident lawyer can help you understand their rights after an accident and protect you from being taken advantage of by aggressive insurance companies. Read on to learn more about how a skilled injury attorney could offer you their assistance today.
Whether the collision is between two cars, a car and a truck, or a car and a pedestrian, one party must always be assigned blame. Fault is determined using the legal concept of negligence. To prove negligence, a plaintiff must show that:
Duty is always present in a car accident. This is because all drivers assume the duty to protect other drivers whenever they get on the road. This duty extends to all other drivers, passengers, and even pedestrians.
The main issue is whether the individual’s actions were a breach of the duty. In some cases, this is assumed by law because the defendant broke a rule of the road. If a police officer’s report issues a citation to the defendant, for speeding for example, the law assumes that the defendant is at-fault. This is known as the concept of negligence per se. In other cases, the concept of fault is more complicated. Know that a skilled Marion County car accident lawyer can help to clarify these concepts and determine the liability of the negligent party.
Another key aspect of a claim is the timing. There is a strict time limit on when someone can bring a claim. This is the statute of limitations. Under Florida Statute §95.11, all claims alleging negligence must be filed in court no more than four years after the injury occurs. Insurance companies are aware of this law and will refuse to even discuss a claim if this time limit has passed.
Most individuals understand that they can claim the medical costs associated with treating the injury. But a fully developed car accident claim will take other factors into consideration. If someone must miss any time at work, either due to a disabling injury or attending therapy sessions, they can claim lost wages in their case.
Individuals may also be able to collect compensation for any documented mental anguish associated with the accident. If they must visit a therapist or other mental health professional for treatment for any post-traumatic stress or mental suffering after the accident, they can claim damages. With the help of a Marion County car accident lawyer on their side, an injured driver can be made financially whole against following a collision.
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Jan 1, 2022
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Dealing with the aftermath of a car accident can be almost as stressful as the accident itself. An injured individual will be seeking treatment, but at the same time they may be missing time at work and trying to get their lives back together. In the meantime, the defendant’s insurance company may be investigating the accident and formulating a defense to try and deny the claim.
Know that a Marion County car accident attorney can help protect your rights. A lawyer can work to investigate the incident and shield you from aggressive insurance companies. Contact a qualified Marion County car accident attorney today to see how they can help.