Florida Auto Accident Attorney
The Florida personal injury law office of Rosado Law Firm has successfully handled many cases involving...
- Automobile Accidents
- Motorcycle Accidents
- Truck Accidents
Florida is a no-fault State; consequently, you are not automatically guaranteed to recover a settlement for the injury you sustained as a direct result of a motor vehicle accident. The expertise of a Florida auto accident attorney can help you recover the compensation you deserve.
In order to receive a settlement through the at-fault’s party bodily injury coverage, you (injured person) must show the following:
1. Permanent impairment
2. Loss of important bodily function
3. Death
4. Significant scarring
If you cannot provide the appropriate medical documents that show one of the above, then you are not entitled to recover a settlement. But providing the appropriate medical evidence is only the first step. You will then have to provide appropriate medical evidence that clearly shows how the injury has altered your life, how it has decreased your ability to enjoy your life. This is the reason why it is important to be represented by competent doctors and lawyers who will work together for your best interest. At Rosado Law Firm, we refer you to doctors who will protect your legal case while providing the best medical treatment.
How A Florida Auto Accident Attorney Can Benefit You
If your medical records show that you suffered with one of above injuries, then, as a plaintiff, you will have to prove that the at-fault driver:
1. Had a legal duty not to injure you
2.
Action was negligent
3.
The negligence was a proximate cause of the accident
4.
That the accident caused your injuries
Florida imposes a duty upon a person who drives a motor vehicle upon public highway, to operate such vehicle with care and not to impose injury upon another. As a victim of a motor vehicle accident, you may find the process to be confusing. In addition to dealing with your injuries, you also have to deal with your own insurance company. You may not know what to do, who to turn to, and how to protect your best interest.
Whenever you are involved in a motor vehicle accident, your first action should be to call the police and fill out a police report at the accident scene. If you are in need of immediate medical treatment, get treated by the emergency department. However, you must realize that the treatment you receive in an emergency department is geared only to save your life. If there is no immediate threat to your life, then the emergency department will merely provide basic treatment and recommend you for follow-up treatment. It is important that you do receive follow-up treatment; otherwise, your injuries will not be properly treated and your case would be prejudiced.
It is highly recommended that you speak to an attorney before you report the accident to any insurance company, including your own. There will be many questions asked and many issues that may need to be resolved; consequently, you may not be in the best mental or medical condition to answer the questions or resolve the issues.
In short, the mere fact that a person was the victim of a motor vehicle accident does not automatically guarantee that person to monetary compensation. The victim must have suffered with:
1) Permanent impairment
2) Loss of important bodily function
3) Death
4) Significant scarring
If the victim is able to prove the above, then the victim may be entitled to receive some form of compensation. In addition, the victim must prove that the other person’s action was negligent and that such negligence was the proximate cause of the injuries. In cases where the PIP threshold does not apply, then it will be a case of negligence.
The complexity of your case may be compounded if the facts show that you have contributed to your own injury. That is to say, if your action, along with the other person’s action, was the cause of the accident, then the percentage of fault for each person has to be determined. A jury usually determines the percentage of fault that each party has.
Example:
The jury determined that you are entitled to receive $100,000.00 for your injuries; however, they also determined that you were 50% at fault and the other person to be 50% at fault. Therefore, you would be entitled to receive $50,000.00 instead of $100,000.00.
This type of injury is always more challenging and difficult to prove. The following example would best explain pre-existing condition:
Example:
Prior to an accident, a person was being treated by a chiropractor for back pain. However, as a direct result of an accident, that same person had to undergo back surgery.
The insurance company, of the at-fault driver, will argue that the back problem was pre-existing and that the accident did not cause the back problem that resulted in surgery. In order to prove your case, you must be treated by a physician who knows how to medically distinguish the pre-existing condition with the back injury that resulted in surgery. In addition, that physician must be able to provide adequate medical documentation that will substantiate the assertion that the back injury resulting from the accident was the cause that required surgery.
Rosado law Firm, P.A., will refer you to doctors who know how to protect your case, and provide you with competent medical treatment.
If you have any questions for our Florida Auto Accident Attorney, contact us today.
