Plantation, Florida, Car Accident Lawyer
One in every eight people will be involved in a car accident at some point in their lives. Some of these are minor fender benders, but many are much more serious. When an accident occurs, it is almost always due to the negligence or recklessness of one of the drivers involved in the accident. If you are injured in a car accident that another driver caused, you deserve to know what options you have at your disposal to help deal with any injuries you may have sustained.
If a driver failed to use ordinary care while driving and therefore caused an accident, that driver will likely be liable for the consequences of the accident. To establish liability in Florida, you will need to prove that the driver’s failure to use ordinary care caused the accident and that the accident was the cause of the damages. Damages could include injury to your property, injury to your person or even the psychological distress that you or others involved in the accident may have suffered as a result. In order to properly bring your claim, you will need the help of an attorney who can negotiate with insurance representatives, gather evidence on your behalf and make sure that you file your suit in a timely and proper manner.
I am Jared Newman, and I am equipped to handle your case from beginning to end. At my firm, Jared Newman, Esq., I have the resources to fight your case to the fullest and the experience to help you avoid common pitfalls. To schedule your free consultation, call me at 954-281-7709.
Proving Negligence Caused A Car Accident In Plantation, Florida
Negligence is a legal theory that allows for someone to bring a lawsuit when they are harmed due to the behavior of another person. A person is negligent when they fail to exercise care that another reasonable person would have done in such a situation. In order to win a lawsuit alleging negligence, the plaintiff must demonstrate that the defendant owed the plaintiff a duty, that the plaintiff breached that duty by failing to exercise reasonable care and that the failure to exercise reasonable care caused the plaintiff’s injuries.
Proving Duty In A Car Accident Lawsuit
In car accident cases, proving that the other driver owed a duty is fairly straightforward. In Florida, all drivers owe a duty of care to others with whom they share the road. This extends to other drivers, passengers and even pedestrians. The duty that drivers must meet is defined by what another reasonable person would do if they were in the position of the driver.
Proving Breach Of Duty In A Car Accident Lawsuit
Once you have established that the other driver owed a duty, you must show how the driver violated, or “breached,” that duty. Some instances of breach in car accidents are easy to demonstrate because we have rules and regulations that govern the road. For instance, if a driver failed to observe a red light and drove through an intersection, this is clear evidence of a breach of duty. Once you have proved that the other driver has breached their duty, you have proved negligence.
Proving Cause In A Car Accident Lawsuit
Negligence itself is not enough to recover compensation. You must also prove that the breach was the cause of the accident and subsequent injuries. Florida law uses a theory of “pure comparative negligence,” which means that fault is determined by percentage. For instance, if a court finds that another driver was 80% responsible for the accident, you will only be able to recover 80% of the damages that you claim.
Damages In A Car Accident Lawsuit In Plantation, Florida
When you sue another driver for negligently causing an accident in Florida, you are seeking to recover compensation for the harms that you have suffered as a result. The compensation amount, known as “damages” in the legal world, will be determined based on a number of factors. There are two categories of damages for which you can recover after a car accident in Florida: economic and noneconomic.
Economic damages are tallied using tangible evidence of specific expenses that you incurred as a result of the accident. If you were injured as a result of the accident, you could recover for hospital expenses, medical procedures, ambulance fees and the cost of follow-up appointments. You can also recover for some costs associated with auto repair if your vehicle was damaged. If your injury prevented you from working, you could also recover for lost wages during your recovery. If your injury will hinder your abilities for an extended period, you could look to recover damages for your loss of earning capacity or extensive additional future medical care.
Not all the damages that a car accident may cause are so readily visible. Florida law allows recovery for noneconomic damages, which are harder to tally but nonetheless real to those dealing with them. Victims of negligent car accidents may suffer significant mental and emotional trauma as a result of their ordeal. Some injuries may cause chronic pain, which can be debilitating to a person. I can ensure that the court will account for the pain and suffering that you experience as a result of your car accident in Florida.
Gross Negligence In A Car Accident Lawsuit In Plantation, Florida
In some cases, the other driver’s negligence may be so reckless that it exhibits a conscious disregard for the health and safety of their fellow motorists. When a driver is shown to have caused an accident due to reckless conduct, they may be found grossly negligent.
Gross negligence allows a court to award punitive damages, a separate form of compensation that is used to punish particularly reprehensible behavior and discourage it in others. Punitive damages can be significantly higher than what is available for ordinary negligence. Examples of gross negligence in car accidents could include drunk driving and causing a crash while street racing.
Were You In A Car Accident In Plantation, Florida? I Can Help.
I have built a reputation on doing right by my clients. If you were injured in a car accident caused by someone else, I can help you today. Call my office at 954-281-7709 to set up your free consultation.