Some of the most devastating accidents that occur on Florida roadways are side impact collisions. The severe injuries caused by these accidents can leave accident victims stuck in recovery for months or even years after the crash. Florida law allows victims to recover compensation from their own insurance and other negligent driver’s insurers after a crash.
A side impact collision lawyer in Fort Lauderdale from Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. can help you build your case against those liable for your side-impact collision.
Call us today: 954-524-2820.
Various things can cause side impact collisions, such as:
If you can prove the other driver committed any of these acts, this can be your basis for proving negligence.
All types of car accidents can result in serious physical injury. Some injuries can lead to a lifetime of therapy sessions and hospital visits. Common injuries that occur in side impact accidents include:
The treatment plan for side impact accident victims will depend on the severity of the injuries. Generally, those who have been involved in serious accidents may require multiple doctor’s visits, hospital stays, surgeries, physical therapy, rehabilitation, and at-home care.
Florida is a no-fault state, which means that you will first turn to your own insurance to cover your injuries and lost wages. The law requires all drivers to have a minimum of $10,000 in personal injury protection (PIP) benefits. This $10,000 will cover 80 percent of your medical bills and 60 percent of your lost wages.
While this will go a long way in covering your damages from the accident, a serious or permanent injury will likely require much more than $10,000.
If you can prove another driver caused your accident, you may be able to file a claim to recover compensation. The success of your lawsuit will likely depend on whether you can prove that the other driver was negligent behind the wheel.
In order to prove the other driver’s negligence, you will need to present evidence that establishes duty, breach, causation, and damages:
You will need to show that the other driver owed you a duty. You can prove this by showing that all motorists have a duty to behave responsibly while driving and adhere to all traffic laws.
Your next step will be to prove that the other driver breached this duty by showing a failure on his or her part to act responsibly behind the wheel.
You can establish this by showing that the driver violated a traffic law that caused your accident. For example, if you can prove that the driver caused the accident by running a stop sign, you have established breach.
In order to establish this breach, you will likely need to present the following forms of evidence:
Our team with gather all necessary evidence and use it to build the strongest case possible.
Once you have established a breach of duty, you will need to show that the other driver’s negligence caused the accident and your injuries.
You will need to prove both actual and proximate causation. Actual causation requires you to show that the accident would not have occurred had it not been for the other driver’s negligence. Proximate causation requires you to establish that the harm that occurred was foreseeable for the other driver.
Essentially, in addition to proving that you would not have sustained your injury had the accident not happened, you must also prove that the driver knew that running a stop sign could potentially cause an accident and injuries.
While proving that a driver knew breaking a law could cause an accident is fairly easy, proving that your injury would not have occurred but for the accident can be more complicated. This is especially true if you had preexisting injuries.
Our attorneys will examine your medical records and prepare any necessary defenses to claims that you are fabricating your injuries or their cause.
You will also need to prove that you suffered actual harm as a result of the accident. You can prove physical injuries and property damage with medical bills, medical reports, and invoices.
Side impact crashes can result in serious injuries that make it impossible for you to work. Victims and their families may start to feel overwhelmed as the bills start piling up. However, if you file a successful personal injury claim against those responsible for your suffering, the court may award you damages to help cover:
The compensation you receive from your lawsuit will relieve some of your financial stress and allow you to focus on the physical and emotional recovery process.
Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. is here to ease your worries. With over 150 years of combined legal experience, the attorneys on staff can assist with all aspects of your car accident claim.
For more information on how we can be your path to justice, give us a call: 954-524-2820.