Have You Or A Loved One Been Injured In An Auto Accident?
Car accidents happen when individuals least expect them, leaving people injured and in a state of shock. That is why the sooner you take action, the better off you and your claim will be. Those who have been injured and affected by car accidents must hire an experienced attorney who will fight aggressively for them.
I am Jared Newman, a Florida car accident lawyer who has been serving clients throughout South Florida for years. I will fight to get you financial compensation for your pain and suffering, medical expenses and lost income. Contact my law firm, Jared Newman, Esq., at 954-281-7709 to schedule a free consultation.
The cases I handle include vehicle accidents involving:
- Commercial vehicles
- Bicycles, scooters and skateboards
- Water sports and personal watercraft
- Rideshares (Uber and Lyft)
Personal Injury Lawsuits After Florida Car Accidents
If you have been injured in a car accident, you could be facing significant medical expenses, lost time at work, months of physical therapy and other related costs. When someone else is responsible for the accident, you have the right to seek financial compensation through a civil lawsuit. Contacting an experienced Florida car accident attorney should be one of the first things you do after an accident to understand and protect your rights. Even if you are working with an insurance company, having dedicated legal representation is still crucial in maximizing your potential settlement.
One of the most important services I provide is valuing your personal injury claim. There is often a significant difference between what the at-fault driver’s insurance company will offer and what your claim is worth, based on the available evidence and provable facts. Knowing the actual value and legal strength of your case is critical when deciding whether to accept a settlement offer or counteroffer or take your case to court. I am committed to helping injured victims secure the maximum amount of compensation possible.
Steps To Take After A Florida Car Accident
After an accident, the first thing you should do is call 911. Why should you do this? The 911 operator will document the accident, dispatch police and send an ambulance if you or anyone else is injured.
While you wait for the police and fire rescue to arrive, do your best to take pictures of the accident scene and attempt to ascertain the other party’s insurance information.
if you are injured, it is crucial to document your injuries. Medical records often offer the best evidence of any injuries you sustain as a result of an accident.
Do not speak to any insurance adjusters regarding the accident, as anything you discuss with them may be held against you later. Be sure to talk with an experienced Florida car accident attorney before negotiating with an insurance provider. Reach out to me, and I will aggressively fight for the compensation you deserve.
Proving Negligence In A Florida Car Accident Personal Injury Case
The legal strength of a personal injury case is based on whether there is enough evidence to hold another party liable for your injuries. More specifically, I will have to establish that another driver or party was negligent.
Proving negligence requires demonstrating four factors:
- Duty of care: If a person owes someone else a legal obligation not to cause them harm, it is commonly called a duty of care. When you get behind the wheel in Florida, you owe every other motorist and pedestrian a duty to operate your vehicle safely. Therefore, drivers should obey traffic regulations, keep their vehicles in roadworthy condition and drive carefully. This includes refraining from speeding and making reckless maneuvers, driving under the influence of drugs or alcohol, or doing anything else that would endanger others on the road.
- Breach of duty: When someone’s conduct fails to comply with their legal duty of care, they are said to have breached their duty. For example, if someone is speeding while drunk, they are clearly violating their obligation not to endanger other motorists. To hold someone financially liable for a car accident, I must establish that their behavior was a breach of duty. In many cases, this is the most challenging part of the process. If a person caused an accident because they were texting at the time, they are unlikely to admit that they were distracted. However, through witness statements, cellphone records and video surveillance, it could be possible to prove that the at-fault driver was on their phone when the accident occurred.
- Causation: Establishing that someone breached their duty of care is only part of the equation. Next, I will have to show that the conduct caused the accident and the injury. In many cases, this is not difficult. However, there are times when the available facts or the victim’s actions make this more challenging. For instance, if you are rear-ended in an accident, it could appear obvious that another driver’s carelessness caused the accident. But what about your injuries? Back and neck injuries are common in rear-end collisions. However, these injuries are often tricky, and the full extent of the damage is not readily apparent. If you wait several days to seek medical attention, then a defense attorney or insurance provider will likely argue that your injuries were not a result of the accident. This is one reason why it is crucial to start documenting your injuries as soon as possible.
- Damages: The reason a person files a personal injury lawsuit is to be compensated for the damages they suffered because of the accident. The fourth and final factor that I will have to establish is that you sustained quantifiable damages due to your injuries.
Damages Available In A Florida Car Accident Lawsuit
The final element necessary to prove negligence and liability after a Florida car accident is quantifiable damages. Damages are the financial losses you incur because of an injury, and they are usually broken down into two types.
Economic damages are your monetary or out-of-pocket losses. These damages include your medical costs, parking fees, prescription costs and lost wages. If you need physical alterations to your home or years of physical therapy because of your injuries, these costs are also considered part of your economic damages. In the unfortunate event that you cannot work again, you should also be compensated for the money you would have earned if you had not been injured. I will gather evidence, including receipts, statements and expert opinions from medical and financial professionals, to substantiate your claims.
The second type of damages you could be awarded are called noneconomic damages. Unlike economic damages, noneconomic damages are subjective and include pain, suffering, anxiety, depression and other physical and mental conditions that could be attributed to the injury or accident. While more challenging to prove, noneconomic damages are often a large portion of the total award an injured victim receives.
Call Jared Newman, Esq., For A Free Consultation
At my firm, I fight back and win big against insurance companies because I understand their tactics and strategies. With me fighting in your corner, you will have the best representation possible to recover your losses. Remember, I charge on a contingency fee basis. That means that if I do not win your case, you do not owe me a dime. Contact me by calling 954-281-7709 to schedule a free consultation.
You should never have to suffer due to the negligence of others who:
- Drive under the influence of alcohol or drugs
- Fail to observe traffic regulations
- Text and drive
- Drive tired and distracted