Being involved in a car accident is a difficult and stressful experience. The stress, unfortunately, does not end with the collision. The road ahead is likely to be filled with recovery from injuries as well as potential lawsuits and insurance claims. After a car accident, you might be in great pain, burdened with extremely costly medical bills, or both. Our lawyers can help you get all the financial compensation you need to deal with the aftermath of your car accident.
You should start the process of taking legal action right away. This can be complicated, but a car accident lawyer can help guide you and make sure you get all of the financial compensation you are entitled to.
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.
Car Accident Claims in Vero Beach, FL
Car accidents have many potential causes. One claim might be because the driver ran a stop sign, and another might be because the airbags did not deploy properly. The cause of your car accident and injuries impacts whom you should sue in court to have the best chance of getting full financial compensation.
Florida is a “no-fault” state. In no-fault states, drivers are required to have a type of insurance that provides coverage regardless of who is responsible for the accident. Although this helps to always ensure some degree of coverage, no-fault insurance will not cover all your expenses. You should still speak with our car accident attorneys and bring a lawsuit to get all of the financial compensation you deserve.
Many car accident claims will be filed against another driver. The most common reason to sue another driver is because their negligence led to a car accident. Negligence in a legal context means that the driver either did something careless that an ordinary, prudent driver would not do or failed to do something that an ordinary, prudent driver should. Examples of negligence while driving include drunk driving, running a red light, and speeding.
If your car accident injuries are due to a defect in your car or someone else in the accident’s vehicle, you might have a claim against a manufacturer. Examples that might point to a claim against a manufacturer include brakes failing to work or a turn signal not showing. For self-driving cars, issues with their autonomous systems would likely generate a claim against a manufacturer.
Poor 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 signs are all common examples of poor road conditions that could result in liability for the city, county, or state in charge of road maintenance.
Car Accident Statute of Limitations in Vero 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 in which you must bring your lawsuit. If you bring a lawsuit after the statutory period has run out, it will be dismissed, and you will not recover anything.
The particular statutory period for any given lawsuit will change based on several factors. For most car accidents, the statute of limitations to bring a lawsuit is two years.
There are several reasons why statutes of limitation exist. First, the facts of a particular case are fresher in the minds of those involved. Second, it ensures that litigation is resolved quickly for both parties. Finally, it allows people to eventually move on with their lives without the prospect of a lawsuit from the distant past hanging over their heads.
Damages in a Vero Beach, FL Car Accident
Damages are split into three categories: economic, non-economic, and punitive damages:
Economic damages generally have an ascertainable monetary value. Medical bills are a classic example of economic damages. If you were injured in such a way that it has reduced your capacity to make money at your job, lost earnings and lost earning capacity also fall under economic damages, as do other bills and expenses.
Non-economic damages do not have an obvious value attached to them. A common reason to award non-economic damages is pain and suffering. Since there is no invoice or bill that places a dollar value on how much an injury hurts, their value has to be argued in court.
Other examples include mental anguish and emotional distress. For example, the stress and fear of an accident can be claimed as mental anguish, as can the mental and emotional toll of facing an injury, losing a limb, or becoming disabled after a crash.
Florida’s no-fault insurance does not cover non-economic damages.
Punitive damages are used to punish defendants for especially bad conduct. In Florida, you must prove the defendant acted with “gross negligence” or “intentional misconduct” for them to be liable for punitive damages. Gross negligence in Florida means that the defendant acted with a “conscious disregard or indifference” to the life and safety of others. In a car accident context, speeding through a school zone at 100 miles an hour would be an example of conduct that could rise to the level of gross negligence.
Punitive damages are not usually awarded. Courts award punitive damages when they wish to deter a defendant from repeat behavior or send a message to others who might act as the defendant did. There is also a cap on punitive damages in Florida. You can only get up to three times your compensatory damages, the regular damages you are awarded, in punitive damages.
Call our Vero Beach, FL Car Accident Lawyers 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.