Auto insurance attorney florida
Auto insurance attorney florida
Unfortunately, driving is one of many experiences where the actions of others can have a significant impact on you and those around you. A person’s actions, whether intentional or not, can result in huge medical bills, many days of absence, and serious injury.
A qualified Florida Kogan & DiSalvo accident attorney can help you recover the damage and hold negligent drivers accountable for your actions. By working with our personal injury attorneys, you can greatly increase your chances of getting proper compensation and a low-cost settlement for your case. Call our office today to discuss a car accident damage claim.
Who should review my car accident claim?
How long do I have to report a car accident?
The extent of a person’s injury does not affect how long the injured party must seek compensation. In general, most Florida personal injury claims must comply with the statute of limitations under Florida law.
Under Florida Statute 95.11, with a few exceptions, a negligence claim must be filed in court within four years of the date of infringement. Since in most motor vehicle accidents the defendant is accused of negligence, this means that the plaintiff has four years after the collision to request payment. The same period applies to both cases where litigation is sought and cases where payment is required under the agreement. A Florida attorney at Kogan & DiSalvo can ensure that a car accident claim meets all statutory deadlines.
What to do if there is no police report?
In certain situations, those involved in an accident should call the police, who will then report the accident. Conditions that require a police response may include:
personal injury or death
If a driver is involved, he flees from the scene
When the driver is drunk
if a commercial vehicle is involved in an accident;
When one or more of the vehicles involved have to be pulled from the scene
If the police react to a crime scene, they can document and report the necessary information. If the police do not go to the scene, but the accidental damage exceeds $ 500, the victim must file a complaint himself. You must do this at the relevant police station in charge of the accident scene. One can report an accident online or in person to the appropriate department.
If the accident is minor and does not cause serious damage, no one is legally required to report the incident. However, it is still recommended that each victim make a report so that the details of the incident are well documented.
When filing a police report, you need to consider several things such as: B. The place and time of the accident, description of the vehicles involved, insurance information of each person involved and their contact details, and witnesses to the incident.
What not to say to the insurance company
When contacting an insurance company after a car accident, it’s good to know what to say, but it’s also important to know which claims to avoid. Be aware that the goals of the insurer and the plaintiff are not always aligned. Victims should defend themselves by not saying more than necessary. By contacting one of our accident attorneys for assistance, you can ensure that someone is not saying anything that could jeopardize their claim.
First, it is best to wait until everyone who needs medical care has received it and submitted all necessary reports before contacting the insurance company. Calling immediately after an accident, when you may be in shock or still emotionally affected by the crash, can make it difficult to concentrate and provide information that could reduce the value of your case.
Second, don’t plead guilty or apologize when talking to someone at a crime scene or with an insurance company. Defects are determined by expert opinion and between insurance companies. When you are involved in a car accident, it is difficult to understand how it actually happened. So leave the work to those investigating litigation. Likewise, those involved in a collision must not explain their injuries or state that they have suffered nothing. Injuries and pain can occur several days after an accident, so it’s important not to make any health claims until you’re absolutely certain that there are no permanent injuries.
Avoid unsafe statements or opinions. If you don’t know the answer to a question, don’t answer or just say “I don’t know.” It may be helpful to seek advice from Kogan & DiSalvo before answering questions from the insurance company if there is any doubt or confusion about the procedures and questions.
Damage after a collision with a motor vehicle
Defendants in a car accident are required to pay reasonable compensation for all injuries and damages resulting from their negligence. The defendant must pay full damages regardless of his intention not to cause damage.
Aggrieved plaintiffs must explain how the defendant’s negligence affected their lives. The most obvious impact is the need for medical care. Physical injuries such as fractures, joint fractures, spinal cord injuries or traumatic brain injuries are common consequences of car accidents. The guilty defendant must make payments to cover the costs of necessary medical treatment related to this injury, both immediately after the incident and in the future.
However, some car accidents also affect people in ways that go beyond physical injury. Most physical injuries involve significant pain and suffering. Whether it is pain from the direct impact or suffering suffered during recovery, the defendant must compensate for this loss of quality of life. Many accidents can also leave a person with severe emotional trauma, which can lead to nightmares, the inability to return to the car, or post-traumatic stress disorder. The plaintiff should seek to value the loss in dollars to claim adequate compensation in the claim.
Lastly, accidents can affect a person’s ability to earn a living. If the injury is so serious that the person is unable to work during recovery, the defendant must ensure that the lost wages are recovered. More serious accidents can result in permanent loss of earning capacity. In this situation, the defendant may be required to make payments for the loss of profits. A Florida auto accident attorney can help victims form a search package demanding payment for all damages.
How do you prove negligence in a Florida car crash?
Negligence is the common legal basis on which most accident attorneys base their civil cases. In this case, negligence applies because everyone behind the wheel enters into a social contract that requires them to drive their vehicle in a way that does not expose others to an undue risk of injury.
This legal obligation exists because a single misjudgment or moment of distraction can cause a devastating collision with another motorist or pedestrian.
If someone violates traffic rules and endangers others, they can be considered negligent. To prove liability in the event of a car accident due to negligence, the plaintiff must present certain arguments. Florida personal injury attorneys for Kogan & DiSalvo can help plaintiffs prove negligence in car accident cases.
All drivers are required to drive responsibly and obey all traffic rules behind the wheel. This legal obligation also applies to other drivers, passengers, cyclists, pedestrians and other road users. This obligation is automatic when driving on public roads and the driver cannot delegate this obligation to someone else.
Breach of duty in Florida
In Florida, in a motor vehicle accident trial, the plaintiff must prove that the defendant failed to conduct due diligence. Defendants can breach this obligation in a number of ways. Some examples are breaking traffic rules, driving while drunk, or texting while driving.
Every car accident must establish the relationship between the breach of duty of care and the injury suffered by the plaintiff. A surprising number of lawsuits faced challenges when an insurance company said there was no evidence linking the collision to the damage claimed.
The final important part of the claim is a fair explanation of the impact the defendant’s negligence had on the plaintiff’s life. Claims that are past due must include evidence of the loss, such as: B. Doctor or hospital bills, and evidence of how the accident affected their emotional state or ability to earn a living.
Violation of precautionary duty
There are two main ways a plaintiff can demonstrate a breach of the defendant’s care obligations. The first is to prove that the defendant violated the Traffic Act at the time of the collision. Various traffic laws set speed limits, require drivers to give way, and prohibit dangerous activities such as texting while driving.
If the plaintiff can show that the defendant violated this rule at the time of the accident and that the subsequent travel process resulted in a penalty, this can be direct evidence of negligence. Other Florida motor vehicle crash cases are less clear. There may be real arguments about which country was responsible for the crash.
This may happen, for example, if the police report is unclear about what happened in the incident or if neither party has been ticketed. In these situations, a Florida accident attorney can help find witnesses, record street cameras, or conduct accident reconstruction studies to prove the defendant’s guilt.
How does relative failure limit recovery in a car crash?
Car accidents are common in many countries and sometimes even the plaintiff can be held liable for some of his injuries. An auto accident attorney can explain Florida’s comparative debt laws and how they can affect a particular plaintiff’s case.
In the comparative fault system, when several defendants are found partially responsible for an accident, each usually pays the plaintiffs damages according to their percentage of guilt. If the jury finds the plaintiff liable for the damages, he may be given a percentage of liability as the defendant.
Florida Statute Section 768.81 requires civil courts to exercise comparative negligence in evaluating the actions of all parties involved in an accident. This means that the court can reduce the plaintiff’s prize by the percentage of his guilt in the accident. For example, if a jury finds the plaintiff 25 percent guilty, that jury can only award the plaintiff 75 percent of the damages. The same concept can be applied to settlement negotiations, as insurance companies understand these laws and will not pay full compensation if they believe the plaintiff is partially guilty.
Contact our Florida car accident attorney today
The days and weeks after a car accident are an important time in a person’s life. They may require medical treatment, many nights in the hospital, and extensive rehabilitation. At the same time, these people may need to make significant adjustments in their lives.
Fortunately, Kogan & DiSalvo Florida auto accident attorneys can help. From the initial investigation of an accident to gathering substantive evidence and measuring your losses, our attorneys can help you make a convincing claim. We may also work to establish search packages seeking fair compensation for your losses from negligent drivers and their insurance companies. The possibility to claim compensation can run out. Call our office today to get started and schedule a free consultation on the case.