How To Win a Car Accident Lawsuit

Each year in Florida, there are hundreds of thousands of car accidents involving injury. The Florida Department of Highway Safety & Motor Vehicles (FLHSMV) record shows over 359,000 car accidents for the current year of 2023. More than half (229,000) involved injury, and about 3,000 were fatalities. With over 15 million drivers in Florida, car accidents continue to happen.

Car accidents cause serious disruption to your daily life. If you’ve ever been injured in a car accident, you know how overwhelming it feels. Worse is if the crash wasn’t your fault and you now face financial uncertainty due to the costs involved, such as medical bills, lost wages, and vehicle loss or damage. All of this is emotionally distressing, leaving you to wonder which way to turn for help.

How to win a car accident lawsuit

Your first step should be to call a lawyer specializing in car accident lawsuits. Talking with an attorney can help you understand all your legal options. A lawyer can open a car accident case and start the legal proceedings of a lawsuit. This type of personal injury lawyer can represent you and your best interests by negotiating with the insurance companies and defending your rights to fair compensation for all your losses.  

At the scene of the accident

You can do several things right away to help your chances of winning a car accident lawsuit. The most obvious is to call the police so they can file a report at the scene of the accident. The police report is critical evidence for your lawsuit. 

• Get medical attention first and foremost

Even if you think you have no injuries, you could be in a daze. You will want to be checked out by a medical professional who can attest to your condition right after the car accident.

• Beware of delayed injuries

Sometimes, a person may suffer a concussion and not know it because symptoms show up later. Or perhaps you sprained your neck or a limb and, in your state of shock, didn’t realize it. A knowledgeable healthcare professional can identify your injuries best.

• Document the scene

This means collecting all the possible evidence unless you are severely injured and taken to hospital. In this case, another person might be available to start the documentation for you. There will be much information to collect and document.

• Take photos

Use a cell phone to take photos of the car damage, the license plate, the scene, and any other evidence about the accident.

• Get witness contact information

Exchange phone numbers and names with people who may have seen the accident. Let the police know if an eyewitness saw the at-fault driver leave the scene.

• Document everything

Start a paper trail of all the time off work, auto repairs, medicine prescriptions, doctor and hospital bills. Anything where you can produce documentation that shows how the car accident impacted you is helpful to winning your lawsuit.

• Do not speak to the other driver’s insurance company

Don’t sign anything with the other party’s insurance company or agree to any terms with their legal team. Leave that to us. We will talk with all of the parties involved. They may want to push for an immediate settlement, but it could be much less than you are owed.

• Stay off social media and avoid discussing the accident

Don’t jeopardize your lawsuit by sharing photos, your health condition, or other pertinent information on any social media platform. The defense team could dig out photos of you having a night out with friends when you claimed you were laid up at home. Be truthful with your lawyer.

Elements of negligence that must be proven to win your case

In the state of Florida, personal injury lawsuits require proof of negligence in order to be successful. 

• Damages

Property damage can include your vehicle, the other party’s vehicle, and any other vehicles involved. Personal injury is a form of damage verified through all the medical documentation. And there is emotional pain and suffering, which is a damage justified by the court.

• Duty of care

In presenting your legal claim to the court, it has to be clearly evidenced that the defendant owed a duty of care while operating a motor vehicle. If the duty of care was breached due to distracted driving, for example, a personal injury lawyer will need to present this evidence to the court skillfully. Of course, there could be other reasons the at-fault defendant caused the accident, such as drunk driving, which is why it’s best to contact an attorney who can handle this type of case. You want an expert on your side to win your car accident lawsuit while you heal, rest, and recover at home. You can rely on our team to get the service and care you deserve.

• Auto insurance

Florida law requires all motorists to carry $10,000 in personal injury protection (PIP) insurance and a minimum of $10,000 in property damage liability insurance. If the defendant was not carrying the minimum or was uninsured, courts in Florida will follow the comparative fault rule, as per Florida Statute 768.81, to determine liability.

Related: Car Accidents Due to Mechanical Failure

Florida’s statute of limitations for car accidents

Time limits are pertinent to the whole car accident lawsuit claim. You should know the time limits — called the statute of limitations — for all personal injury cases. If you miss the deadline, you cannot file after the time limit expires. And while you may think you have plenty of time, anywhere from two to four years, depending on the case, it takes a good amount of time to process a case once it is started. Your case can begin if you are in hospital or at home recovering.

Note that a two-year time frame exists for a wrongful death occurring in car accidents. Four years is the time frame for a car accident lawsuit, as previously mentioned in Florida statute 768.11.

Your car accident lawyer can explain this to you when you hire an excellent team to handle your case. They will keep communicating with you as the case progresses, advising you of updates as they occur in conjunction with the court laws and the opposing (defendant) party’s lawyer and insurance company. Keep in mind the other side will want to oppose your claim as to which driver was at fault and how much responsibility they bear for the accident. They can try to settle lower than you deserve, so you will want an excellent team like Bernstein & Maryanoff Injury Attorneys by your side.

Consult with an experienced car accident lawyer

Working with a car accident lawyer is your best bet at winning a car accident lawsuit. Bernstein & Maryanoff Injury Attorneys have decades of experience representing clients in car accident lawsuits and have won millions. Car accident lawsuits can be complex and challenging, but we are committed to helping our clients win their cases. Don’t delay in finding out all you can on filing a car accident lawsuit.

Sources:

FLA. STAT. § 768.81.

FLHSMV Crash Dashboard.

The Florida Bar.