Davie, Florida, Car Accident Lawyer
The unfortunate reality is that car accidents are quite frequent in Florida. Almost half a million car accidents are reported on Florida roadways each year, and car sales continue to rise nationwide. These statistics suggest that if you haven’t been involved in a car accident already, you likely will at some point in the future. Knowing the laws regarding car accidents in Florida can be critical when it comes to protecting your physical, emotional and financial well-being.
If you were involved in a car accident caused by another driver’s negligence and now face injuries, you may be able to pursue compensation in court. If you can prove that the other driver’s behavior caused the accident that caused your injuries, you may have a valid negligence case. Proving your case could lead to financial relief to cover your medical expenses, your missed time at work and the emotional impact of the car accident. However, there are time limits that affect when you can properly file your case.
If you have been involved in a car accident in Florida, you should act quickly and speak with me, attorney Jared Newman. At my firm, Jared Newman, Esq., I have been in the business of vigorously representing clients just like you for years, and I know what it takes to achieve the necessary results for you to move forward with your life. To schedule your first consultation with me for free, call my Davie office at 954-866-1790.
Car Accident Lawsuits In Davie
Car accidents can have devastating short- and long-term impacts on victims. Accidents can be particularly impactful when caused by someone else’s negligence. If negligence led to your car accident injuries, you should be able to recover financially to ensure your comfortable recovery.
Proving negligence to recover damages from a car accident in Florida means proving four specific elements: duty, breach of duty, causation and damages.
Duty in the context of a car accident is fairly straightforward. All drivers owe a duty to their fellow motorists, pedestrians, cyclists and anyone else who may foreseeably be harmed in an accident. The driver’s duty is to take reasonable care to drive safely and follow the rules of the road so as not to harm others. Common examples of specific duties include using turn signals and following strop signs and speed limits.
When a driver fails to abide by these commonly understood rules of the road, they have breached their duty to their fellow drivers. Proving breach of duty can be easier with police reports, eyewitness testimony and photographs of the crash scene. I can help you gather this evidence for your lawsuit.
Causation is typically more complicated than the previous two elements. To be successful, your claim must properly demonstrate that the driver’s breach of duty actually caused the accident. You must prove that the accident would never have even occurred “but for” the other driver’s negligent actions or inactions. You must also address any superseding causes, which I will touch on later in this article.
Damages, which will ultimately determine the value of your compensation, are the final element that you must prove. In order to recover for your injuries, you must show that those injuries occurred as a direct result of the accident. This is another reason why you should seek medical attention immediately – to document your injuries.
Calculating Damages After A Car Accident
There are two general categories of damages after a car accident: economic and noneconomic damages.
Economic damages are meant to address the direct costs associated with the harms of the accident. Expenses like medical bills, physical therapy, ambulance fees and prescription costs will be tallied up to support your claim, so be sure to keep a record of all of these expenses as they come in. You should also be sure to have the damage to your car appraised at an auto repair shop, as these costs are also economic damages that you can recover. Further, if your injuries force you to miss time at work, the court should also factor your lost wages into its calculation.
Florida law recognizes that damages extend past what can be added up by compiling receipts. Noneconomic damages take into account the pain and suffering that a person can deal with in the wake of a serious car accident. Emotional and psychological trauma, chronic pain and anxiety are common symptoms that Florida courts have accounted for in their calculations of noneconomic damages.
There is a third type of damages available, called punitive damages, but these are only available when the other driver’s conduct amounts to the level of gross negligence or recklessness. Recklessness is reserved for instances when the defendant exhibits a wanton disregard for human life in the behavior that caused the injuries. For car accidents, common examples of reckless conduct that can incorporate punitive damages include things like drag racing or drunk driving.
Statute Of Limitations For Car Accidents In Florida
The statute of limitations is the legal time limit for when a person can file a lawsuit. In Florida, personal injury lawsuits stemming from car accidents must be filed within four years from the date of the accident. Some exceptions exist to this rule. For instance, if the victim is a minor, the clock only starts once the child turns 18. If a car accident results in the death of a victim, the family members have four years from the date of the death to file a wrongful death lawsuit. For more information about how long you may have to file, speak to me before it’s too late.
Contact Me About Your Florida Car Accident Lawsuit
You can be sure that I am ready and able to represent you. For your first free consultation, call Jared Newman, Esq., at 954-866-1790.