Sebastian Car Accident Lawyers

If someone else caused your car accident, you might be able to file a claim against them. Personal injury lawsuits are usually based on a theory of negligence or carelessness. You can also file a lawsuit for intentional or reckless conduct.

Negligence is a legal standard that means that a person fails to use the level of care that a reasonable person would use in a similar situation. For example, if a reasonable person would check to make sure that the road was clear before merging onto a highway, then a person who failed to do that and caused a crash would be considered negligent.

To win a personal injury case, the injury victim (plaintiff) has to prove that the at-fault driver (defendant) was negligent. This involves introducing four elements:

1. Duty: The defendant owed the plaintiff a duty to use reasonable care.
2. Breach: The defendant violated this duty in some way (such as by running a stop sign).
3. Causation: This violation was the direct cause of the accident.
4. Damages: The plaintiff suffered losses as a result.

Many car accident cases involve two drivers. However, it may be possible to bring a lawsuit against someone else entirely if their negligence caused your motor vehicle accident.

For example, sometimes poor road conditions can cause a wreck. If that happened in your case, then you might be able to file a claim against the government agency that is responsible for maintaining that street or highway. Our law firm will thoroughly evaluate all options when it comes to filing a claim, with the goal of making sure that you get the money that you deserve for your injuries.

In some cases, negligence can be presumed, which means that the plaintiff does not have to introduce evidence of these four elements. This is known as negligence per se. Essentially, negligence per se can be used in cases where the defendant violated a law or regulation that is designed to protect the public. 

To establish negligence per se, a plaintiff will have to show the following:

• The defendant violated a law that was designed to protect certain people from a particular harm;
• The plaintiff is within the class of people meant to be protected by the law; and
• The defendant’s violation of the law caused the plaintiff’s injuries.

For example, if the defendant failed to yield to pedestrians in a crosswalk and struck a person with his car, then negligence per se may be applicable.

If the defendant acted intentionally or recklessly, you can also file a lawsuit against them for your injuries. A classic example of intentional or reckless behavior is driving under the influence. 

However, there are other situations where you can pursue a claim for intentional or reckless conduct, such as drag racing or driving at excessive rates of speed. You can still pursue a personal injury claim in addition to any criminal charges that may be pending.

Personal injury claims typically start with a free initial consultation with a Sebastian car accident lawyer. At this meeting, we will listen to your story and then offer you advice on your legal options. We will also give you a ballpark estimate of the value of your case. 

If you decide to hire our law firm, we will get to work immediately to investigate the case. We will interview witnesses, request police reports, seek photos and videos of the accident scene, and review your medical records. We will also research Florida law to build a strong case for compensation.

At this point, we will send a demand letter to the at-fault driver’s insurance company. A demand letter typically has three sections: a description of the facts of the case, an explanation of the legal reasons why the at-fault driver is responsible, and a demand for compensation. The insurance company will conduct its own investigation and will usually respond with a counteroffer.

Insurance companies are in business to make money. They will often attempt to pay out as little as possible on legitimate claims. Our goal is to get you maximum compensation for your losses. This may include money for:

• Medical bills
• Future medical treatment
• Property damage
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Scarring and disfigurement

We won’t simply accept a lowball settlement offer. Our Sebastian car accident attorneys will work tirelessly to get you top dollar for your injuries. If the insurance company refuses to offer a fair settlement, we will take your case to trial to get you the money that you deserve for your losses.

In Florida, the statute of limitations for personal injury cases is 2 years. This means that you have 2 years from the date of your Sebastian car accident to file a claim against the at-fault driver. If you don’t file a claim within 2 years, then the defendant can seek to have your case dismissed, and you might not be able to recover compensation.

The statute of limitations can seem harsh, but it is an effective way of making sure that lawsuits are filed within a reasonable period of time. Our law offices will work to protect your rights, including making sure that your lawsuit is filed on time. If you have been hurt in a car accident, call Gould Cooksey Fennell to talk to a Sebastian car accident attorney.

Related: Sebastian Personal Injury Lawyers