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Sometimes you can do everything right yet still be involved in a car accident. In a situation like this, it may seem like it should be relatively easy to recover compensation for your injuries since you didn’t cause the crash. Unfortunately, this isn’t always the case because insurance companies are for-profit businesses that often try to minimize the amount they must pay victims.
Despite knowing that the accident was not your fault, you may find yourself facing accusations of wrongdoing by the other driver or their insurer following your car accident. It is critical to mount a vigorous defense to these allegations because the amount of your personal injury recovery in Florida is directly tied to the percentage of fault assigned to you. An experienced Fort Lauderdale car accident lawyer can help ensure you receive the full compensation you are entitled to.
How Can a Lawyer Assist You?
Whether you were at fault for an accident or not, the services of a skilled personal injury attorney can prove invaluable to your case. The time following a car crash is frequently chaotic. You may require visits with your doctors, physical therapy, and follow-ups, which can be stressful and time-consuming. You may also be missing hours at your job while you recover, which can cause financial worries for you and your family. The last thing you have the time and energy for is fighting with an insurance company over who was at fault for the accident.
A lawyer can handle the details of your case while you focus on healing and getting your life back in order. Car accident lawyers are well-versed in the details of state law and know exactly what evidence is necessary to support your claims that you were not responsible for the crash. To demonstrate who was at fault in the collision, your lawyer may do the following:
- Interview witnesses
- Gather testimony from all drivers involved
- Request the police report
- Investigate the accident scene and vehicles
- Collect any footage of the accident from nearby security and highway cameras
- Obtain medical records from your doctor
- Enlist the help of an accident reconstructionist
Why is Accurately Proving Negligence Vital in a Florida Car Accident?
Florida is a pure comparative fault state, which means that anyone involved in a car accident who is less than 100% responsible for the crash is eligible to file a lawsuit against the other party. However, the amount of the plaintiff’s recovery will be reduced in proportion to the percentage of fault assigned to them. For example, if an accident victim had $100,000 in damages but was determined by the court to be 40% responsible for the crash because they were speeding, their damages would be reduced by $40,000 (40%). This reduction would result in a maximum settlement amount of $60,000 for the victim. The other driver can also file a lawsuit against them to recover 40% of their damages.
While the pure comparative fault system provides more opportunities than other fault systems for victims to recover at least a portion of their damages, it is still crucial to ensure that liability for the accident is correctly attributed. Convincingly proving the other driver’s negligence to the court can make the difference between getting full compensation for your damages and only recovering a fraction of your losses. Every dollar matters when trying to regain your financial stability, and you should not be forced to accept less than you deserve, especially if the accident was not your fault.
What Damages Can a Lawyer Help You Recover After Your Accident?
- Medical bills
- Pain and suffering
- Mental anguish
- Property damage
- Lost wages
- Loss of future earning potential
- Scarring and disfigurement
If you’ve been injured in a car crash that was not your fault, an experienced personal injury lawyer can help you pursue an insurance claim or lawsuit. You may not realize all the damages caused by your injuries, but your lawyer can help you identify and document the full extent of your losses so you can maximize your recovery.
Doesn’t a Police Report List Who Was at Fault in an Accident?
When creating their police report, an officer will use their training and experience to examine the accident scene, interview witnesses, and determine who they believe was at fault for the crash. Ultimately, while the police report is a useful document, it is only an opinion about the accident created by a third-party individual who was not present at the time of the crash. If you disagree with the conclusions in the police report, your injury lawyer may be able to make a case against the officer’s decision by presenting compelling evidence that contradicts their assessment.
What Should I Do if I’m Involved in a Car Accident That Wasn’t My Fault?
Providing strong evidence for your version of events is crucial in all accident cases. Take as many photos of the accident scene as possible, collect the contact information of eyewitnesses, and write down your recollection of events while the event is still fresh in your mind. Also, seek a medical evaluation right away to document your injuries.
The next step is to contact a trusted car accident lawyer who can uphold your legal rights. If you’ve suffered damages due to a car accident that wasn’t your fault, call our car accident lawyer at Kurzman Law Group, P.A. at (954) 406-6464 for a free consultation on your case.
