Proving Liability and Damages in a Car Accident Lawsuit
Every car accident claim comes down to proving liability and damages. Taking care of these steps before negotiating with an insurance company puts us in a much stronger position when we sit down at the negotiating table. Here’s how we do it.
First, know what liability means. If someone is responsible for an accident occurring, either through negligence or malice, they are liable for the damage caused in that accident. Many accidents have split liability. For example, consider an accident where you are driving straight through an intersection and the other driver turns left in front of you, failing to yield right of way. They might be mostly responsible for the crash for their failure to yield, but the court may also find you liable to a much smaller degree for failing to stop when you noticed they were turning in front of you.
Under Florida accident laws, you can still seek compensation if you are partially responsible for a crash. The award you get in a court case is simply reduced by the amount of fault you share. If you are 30% at fault for a crash that causes you $100,000 in damages, the court would award $70,000 instead of $100,000.
In addition to proving that the other party was liable for the crash, we must also prove that they are liable for your car accident injuries. This involves showing evidence that your injuries were a direct result of the accident, not because of preexisting injuries or conditions. That is one reason it is so important to seek medical care after an accident. It creates a direct link between the accident and your subsequent injuries. The longer you wait to go to the doctor, the easier it is for the other side to allege that your injuries were caused by something else.
Demonstrating damages involves showing exactly how an accident has caused you financial and non-financial losses. We may show financial losses through medical bills, repair estimates, and documentation of time away from work. We might prove non-financial damages by showing how the injury has impacted your life, restricted your independence, or left you in significant pain.
Causes of Car Accidents in Pompano Beach
One moment of indecision or poor judgment can cause a serious accident. Some common causes of car accidents in Pompano Beach include:
- Speeding, particularly on I-95 and in high-traffic areas like the area around Fort Lauderdale Executive Airport
- Failure to yield, including taking a left turn in front of an approaching car, not stopping at a stop sign, or cutting someone off
- Unsafe lane changes
- Impaired driving
- Driving while fatigued
- Distracted driving
- Malfunctioning car parts.
- Unclear road signs
- Poor road conditions
Fighting for Car Accident Compensation
After you are injured in a car accident, you may be entitled to several types of compensation. The goal of personal injury cases is to make victims whole, and so they offer compensation in multiple categories, including:
- Medical expenses. This includes ambulance transportation, mileage to and from appointments, prescription copays, medical bills, and adaptive equipment.
- Future medical expenses. Some accidents cause long-term health issues, so you may get compensation for future medical costs if you have sustained serious injuries.
- Lost wages. Taking time off work often puts families in a tight spot, which is why your settlement or court award should reimburse you for time spent away from work.
- Lost future income. If your car accident left you so seriously injured that you are unable to work or will be unable to move forward in your career, you may be compensated for lost future wages.
- Property damage. A totaled car or one that needs significant repairs causes serious financial losses to families. A fair evaluation of your car’s damage helps in this area.
- Disfigurement. Significant scarring or other changes to your appearance can cause embarrassment, mental trauma, and loss of enjoyment of life. This is a non-financial loss that may still be financially compensated.
- Pain and suffering. Nothing can give you back the time you spent in pain after an accident, but you should receive compensation for that difficult time.
How a Pompano Beach Car Accident Attorney Can Help You Get What You Deserve
Selecting a car crash lawyer willing to fight for you makes the entire process of a car accident settlement much easier and less stressful. First, you can avoid communication with the other party’s insurance company. This is often very stressful for victims, since they aren’t sure what is okay to tell the company or what will be used against them. Second, we take care of building your case and giving you a solid chance at getting the compensation you deserve. You cannot expect fair treatment from the insurance company. Their only goal is to increase their profit margin, which means paying you less than you really deserve.
Bringing a Pompano Beach car accident attorney to the table shows the insurance company that you’re serious about getting what you deserve. Instead of wasting your time with lowball offers, they are far more likely to negotiate in good faith and try to prevent a personal injury lawsuit.
It’s likely that your claim will lead to a settlement since it’s in both parties’ best interest to avoid court. However, if the insurance company refuses to pay a fair settlement, David Fuchs is ready to pivot to court preparations and fight for your compensation there.
We’re Here to Help—Contact David I. Fuchs Today
After you have been injured in a car accident, there’s no shortage of things to do. From scheduling repairs and setting up doctors’ appointments to dealing with time away from work and talking to your insurance company, there’s always something to keep you busy. Give up some of that burden and entrust your personal injury claim to David I. Fuchs, Injury & Accident Lawyer, P.A. We’ll help you through this challenging time and help you get to the other side. Schedule a free consultation now by calling (954) 568-3636 or filling out our online contact form.