When involved in a car accident, your first thoughts are often about injuries, their seriousness, and how long the road to recovery could be. After a car accident, you might find yourself in great pain and burdened with enormous medical expenses. Our can help you get all the financial compensation you need to deal with the aftermath of your car accident.
The process is complicated, but a car accident lawyer can help you through it and fight for the compensation you deserve. Florida is a “no-fault” insurance state, but you will still need to bring a lawsuit to get full compensation.
Call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, at (954) 751-4258 so our car accident lawyers can assist you with a free case review.
Filing Car Accident Claims in Palm Beach County, FL
Car accidents do not happen for the same reason every time. For example, one accident might be because the brakes failed to work, and another might be because of texting while driving. The cause of your car accident impacts who you should sue in court so that you can recover the financial compensation you are owed from the correct entity.
Florida is what is known as a “no-fault” state. In no-fault states, drivers are required to have insurance that provides coverage regardless of whose fault the accident is. While this does mean help ensure that you will always receive some coverage, this insurance will not cover all of your damages. You will still need to talk with a car accident attorney about bringing a lawsuit or insurance claim against another party to get all of what you are owed.
Claims Against Drivers
Many car accident claims will be against the driver of another vehicle. The most common reason to sue another driver is because their negligence caused the accident. Negligence in the legal sense means that the driver either did something careless that a reasonable driver would not do or failed to do something that a reasonable driver should do. Examples of negligence while driving include texting while driving, drunk driving, or missing a stop sign.
Claims Against Manufacturers
If your car accident injuries are due to a defect in your car or someone else’s vehicle, you might have a claim against the manufacturer. Manufacturing defects occur when a mistake is made when the vehicle is being built. Common manufacturing defects are the use of materials of lesser quality to make a vehicle or incorrectly installing a component so that it is likely to malfunction at some point in the future.
Examples that might involve a claim against a manufacturer include brake failure, tire blowouts, broken ignition switches turning off power steering, or self-driving systems engaging improperly.
Claims For Road Conditions
Sometimes, car accidents are caused by poor road conditions due to lack of maintenance. This could take many forms, but faulty traffic lights, potholes, or insufficient stop sign coverage are all common examples of poor road conditions that could result in liability for the city, county, or state in charge of the roads. You will have to consult with an attorney to determine the correct entity to sue.
Damages in a Palm Beach County, FL, Car Accident
Damages are generally broken up into two categories: economic and non-economic damages.
Economic Damages
Economic damages generally have an ascertainable monetary value. Common economic damages from a car accident include medical expenses for surgeries, hospital stays, physical therapy, and other services.
Economic damages can also include a reduced earning capacity. If your injuries are impeding your ability to earn as much money from your job as you did before the accident, you could be compensated for that.
Non-Economic Damages
Non-economic damages do not have an obvious monetary value assigned to them. Pain and suffering is a common non-economic damage. Other examples include mental anguish and punitive damages.
Since there is no invoice or bill which places a dollar value on how much an injury hurts, their value has to be argued in court. Additionally, Florida’s no-fault insurance does not cover non-economic damages.
Wrongful Death
Wrongful death claims are slightly different. You are not suing for your own injuries. Instead, you are suing for the death of a loved one, usually a family member. In a wrongful death lawsuit, the plaintiff sues on behalf of the deceased and alleges that the defendant’s negligent conduct caused the death.
Your damages in a wrongful death lawsuit might be slightly different because this lawsuit seeks damages related to the fatality and the effects if had on your family. Damages in a wrongful death lawsuit might include funeral expenses, loss of companionship from the deceased, or their potential future earnings.
Car Accident Statute of Limitations in Palm Beach, FL
One of the most important reasons to file a lawsuit quickly after a car accident is that you only have a limited time to do so. A law called the statute of limitations sets a period within which you have to bring a lawsuit for a particular grievance. If you bring a lawsuit after the statutory period has run its course, it will be thrown out, and you will not recover anything.
There are several reasons why statutes of limitation exist. For one, the facts of a particular case are fresher in the minds of those involved. Moreover, a statute of limitations ensures that both parties are not deprived of a quick resolution to their dispute, and it allows people to eventually move on with their lives without the cloud of a lawsuit from the distant past hanging over their heads.
The statute of limitations for most motor vehicle accidents in Florida is two years. A wrongful death lawsuit resulting from a car accident must also be filed within two years. The time period might sound lengthy, but considering the length of recovery from injuries or other car accident results, time is of the essence. It is important that you speak to an attorney quickly to discuss your options for filing a lawsuit.
Call Our Florida Car Accident Lawyers Now for a Free Case Review
Call our car accident lawyers at The Law Offices of David I. Fuchs, Injury & Accident Lawyer, at (954) 751-4258 for a free case review.