How Does Florida’s Comparative Negligence Law Impact Car Accident Claims?
A Florida car accident lawyer can help determine fault in a collision by proving the four elements of negligence. They can also collect evidence, such as police reports and witness statements, to prove who is at fault for causing the crash.
Although it may seem obvious who the liable party is, you must prove they caused the accident before you can take fault-based legal action against them. An auto accident lawyer can help you prove liability to seek the compensation you deserve.
Proving the Four Elements of Negligence as Part of Determining Fault in a Car Accident Case
Your Florida car accident attorney can help determine fault in a collision case by proving that the liable party’s negligence caused or contributed to your accident. They can do this by proving the following four elements:
- Duty of care: The at-fault party was responsible for keeping you safe on the roads.
- Breach of duty: The at-fault party did not maintain their duty of care. Instead, they acted with negligence by driving drunk or distracted, for example.
- Causation: The at-fault party’s action or inaction caused your accident.
- Damages: You suffered damages because of the accident.
Your legal team can help you prove these elements so you can file an accident claim to recover the compensation you need.
Types of Negligent Behavior That Could Make Someone at Fault in Your Accident Case
Any mistake on the road could lead to an accident that entitles you to compensation. The following instances of negligence could make someone liable for your car accident:
- Ignoring traffic signals
- Distracted driving
- Drunk driving
- Failing to adjust driving speed for poor road conditions
- Following too closely
- Using a cell phone while driving
Using Evidence to Support Your Florida Car Accident Case 
With a solid evidence collection, your personal injury lawyer can help determine fault for your motor vehicle accident. Some physical evidence that could be useful in your case include:
- The accident report (e.g., an official police report)
- Your medical bills
- Eyewitness statements
- Expert witness statements
- Accident reconstruction
- Photos of your injuries and the accident scene
- Surveillance video from nearby stores and restaurants
- Property damage estimates
- Proof of time you missed at work
If you have evidence related to your crash, bring it to your legal team. They can review and add it to your personal injury claim to prove fault for the accident.
If Florida Is a No-Fault State, Why Would You Need to Prove Liability?
Since Florida is a no-fault state, you must generally file an insurance claim with your personal injury protection (PIP) provider for compensation. However, many car accident victims suffer damages that exceed their insurance policy’s limits. Cases like these require you to file a claim or lawsuit against the at-fault party if you hope to recover your due compensation.
Your fort lauderdale car accident lawyer will work with you to explain your legal options. They can guide you through the claims process to pursue fair compensation.
Types of Damages You May Recover From the At-Fault Party in Your Car Accident Case
When you hire legal representation, they can determine your recoverable losses to help you seek compensation. Though the financial awards you can recover depends on the details of your case, car accident victims often recover compensation for:
- Lost income
- Reduced earning capacity
- Emotional distress
- Medical treatment expenses
- Loss of enjoyment of life
- Scarring and disfigurement
- Property damage
- Pain and suffering
Your law firm will work hard to hold the at-fault driver responsible. If you suffered any of these damages, you deserve appropriate compensation.
Other Ways a Personal Injury Attorney Can Help You Build Your Case
Proving fault isn’t the only task a fort myers car accident lawyer can handle. Your attorney could benefit your case by:
- Answering your legal questions
- Guiding you through the legal process
- Communicating with all other parties involved in your case
- Negotiating for a fair settlement
- Conducting a car accident investigation at the crash scene
- Assessing your case to determine the amount of compensation you deserve
- Explaining the laws that apply to your case
- Ensuring you don’t accept an unfair settlement offer
- Providing legal advice
- Keeping you updated about the status of your case
Whether you negotiate a settlement with your insurance adjusters, file a personal injury lawsuit, or both, your attorney will support you in holding the negligent driver accountable.
Call the Law Offices of Wolf & Pravato for Car Accident Representation Today
Our Miami car accident attorneys can determine liability in car accident cases and who caused an accident after violating Florida’s traffic laws. If you were involved in a crash and seek legal guidance, don’t wait to get started with our legal team. We may have only up to years to file a lawsuit on your behalf, per Florida Statutes § 95.11.
We can help you seek the financial recovery that helps you pay your medical expenses, restore your lost income, and more. Get started today with a free, no-obligation consultation. Call us at (954) 633-8270.
