On any given day, there are more than 600 car crashes on the interstates, highways, and city streets of the state of Florida. If you or a family member has been hurt in a highway accident, you need to know all that you can about your legal rights. The Pembroke Pines highway accident attorneys at Cohn & Smith are experienced in car accident cases. We will be glad to schedule a free initial consultation, during which you may discuss your situation with a legal professional knowledgeable in this area of the law.
Florida law limits the time that injured people and the families of those killed in a tragic accident have to assert their claims against a person, business, or governmental entity whose negligence caused the crash. If a lawsuit is not filed by the time that the statute of limitations expires, there can be no recovery unless certain, very limited exceptions apply. Because of this, and the fact that the decay of evidence over time can complicate the process of proving a case, you should seek legal advice concerning a car accident case as soon as possible.Asserting a Negligence Claim after a Florida Highway Accident
Under Florida’s “no-fault” insurance laws, a driver’s own personal injury protection (PIP) coverage pays a certain amount of medical bills and lost wages, regardless of who was at fault in an accident. In many situations, however, PIP coverage does not even begin to cover an injured person’s damages, which may include not only past medical expenses and lost wages but also medical expenses that may be incurred in the future, loss of earning capacity in the years following the accident, and pain and suffering. Fortunately, the provisions of “no-fault” insurance do not bar drivers or passengers from filing a negligence claim in a court of law against the party who caused the accident.
In a negligence case, the person seeking to recover money damages must prove that the defendant owed a duty to him or her, that the defendant breached that duty, that the defendant’s breach of duty was the proximate cause of the harm to the victim, and that the accident resulted in quantifiable damages. All drivers are required to comply with a standard of reasonable care, which requires them to avoid actions that would pose a foreseeable risk of harm to others around them. There are many ways to breach this duty, such as by running a red light, texting while driving, or getting behind the wheel while intoxicated. The causation requirement means that the accident would not have happened if not for the defendant’s breach and that it was a foreseeable consequence of the breach.
In some situations, a defendant will argue that a victim was at least partly responsible for causing a crash. Like many other states, Florida does not bar compensation for an individual’s injuries if he or she was partly at fault. Instead, any eventual damages award would be reduced by the proportion of fault that is attributed to the victim. If he or she was 40 percent responsible for causing an accident, for instance, it still might be possible to recover up to 60 percent of the costs and losses that arose from it.Discuss Your Car Crash Case with a Pembroke Pines Highway Accident Attorney
Experience means a lot when it comes to investigating, analyzing, and litigating serious highway accident cases. At Cohn & Smith, our Pembroke Pines lawyers have assisted many victims of motor vehicle collisions and are dedicated to pursuing the maximum compensation for each and every case we accept. Call us at 954-431-8100 or complete our online form for a free review of your case. We have counseled many injured individuals in Pembroke Pines, Hollywood, and Coral Springs, among other cities across South Florida.