Navigating any sort of lawsuit can be incredibly complicated and intimidating. If you are coping with severe injuries after a car accident, it may seem even more impossible. You are exhausted, hurt, and traumatized. Rest is (and should be) your first priority, but that doesn’t mean you shouldn’t pursue the damages you’re owed if someone else’s negligent actions caused your accident. The truth is, many people unknowingly forfeit significant compensation by simply not understanding how personal injury lawsuits work in Florida.
Whether this is by opting not to get (experienced, or any) legal representation or not filing a suit at all, this results in innocent victims like you paying for all their repairs, legal fees, and medical bills out-of-pocket. When you have a life-altering injury to deal with, those bills add up incredibly quickly — and to incredible heights.
You are not expected to attempt anything alone, and you should not try to. Find an experienced, compassionate personal injury attorney to fight on your behalf.
How Fort Lauderdale handles personal injury damages
Because medical expenses can easily end up in the high hundreds-of-thousands, courts consider them when determining personal injury damages. It’s not the only expensive aspect of suffering a serious injury, but it is the most expensive, and therefore the most vital thing to be compensated for. It’s also a factor in determining your pain and suffering damages, which includes psychological trauma and your physical pain.
Ideally, you should receive compensation for every medical expense related to the injuries caused by your accident. The negligent party or their insurance company will, of course, be trying to avoid paying the full amount (if anything).
Now, the damages for which you may be eligible may vary if the accident wasn’t entirely one-sided. In other words, if you are partially at fault for your car accident, you may be partially liable for the damages. Florida operates under a “pure comparative fault” rule for these cases that balances out percentages of liability and damages based on the facts, and decided on by the jury. With this rule, if you are deemed 40% responsible for the accident, for example, you would only be paid 60% of your damages — medical expense coverage included.
Since these figures aren’t set in stone, it’s something your attorney can work to adjust for your benefit in the courtroom. Using the right legal tools, attorneys know how to assert the opposing side is more — or entirely — responsible for the collision, and fight for a fairer and more generous settlement.
Any damages you are awarded would be put into a trust. From there, your bills are paid first, and the rest goes to you for your pain and suffering. It can, really and truly, make all the difference in a victim’s recovery.
Possible complications in a car accident case
Fault aside, car accident cases are notoriously complex simply because there are just so many ways they can happen. Think about all the vehicles on the roads, all the drivers, and all the dangers that have nothing to do with you. With such a wide net, there are a variety of factors that play into how much compensation to which you may be entitled and how much your insurance will pay for:
- Cause of the accident, aside from simple fault. For example, was it drunk driving, or a hazard in the roadway?
- Type of crash — was a truck, motorcycle, or pedestrian involved? Believe it or not, judges and juries care more about this than one may think.
- Construction zones may cause hazardous driving conditions, especially if they are marked improperly or working dangerously (such as unnecessarily blocking traffic, directing vehicles without paying attention, or otherwise causing sudden obstacles).
- Classification of your injuries. It’s not nice, but your level of pain and disability plays a heavy role in how your case is treated.
- Seatbelt usage. Since it’s mandatory to always wear a seatbelt, it can throw a wrench in your personal injury case if you were injured due to not wearing one. It is not an automatic deal-breaker, but you should inform your attorney of it as soon as possible.
- Any uninsured or underinsured parties, especially if it’s the party that caused your accident and injuries.
The sooner an attorney can start on your case, the sooner any complications and wrinkles can be smoothed out — and the better your chances of winning because of it. Fort Lauderdale roads can be treacherous. Even the safest of drivers can find themselves seriously injured in a car accident, even if it’s no fault of their own in the slightest. Being innocent is not enough. Being the victim is not enough. You are never guaranteed compensation, even if you’re entitled to it, but hiring an attorney to skillfully represent you is your best chance at getting what you’re owed.
You deserve to afford your own rest and recovery, and you deserve compensation for all the pain and suffering another’s negligence has caused. The Fort Lauderdale car accident attorneys at Yeboah Law Group have years and years of experience fighting for the rights and awards for victims just like you, and we are proud to answer any and all questions you may have. We maintain offices here in Fort Lauderdale and also in Miami, Boca Raton, and Key West to serve the needs of all South Floridians. To get started and learn more, call us today at 1-800-TELL-SAM or use our contact form.