Although car accidents are a common form of personal injury lawsuit, there are still many factors that go into a claim. It is important that you understand the unique aspects of Winter Garden car accidents if you find yourself in need of help. One of our skilled motor vehicle accident attorneys could give you all the information you need to make a decision about filing suit.
Following an accident, the insurance companies will quickly make a determination of liability. It is important for an injured party to make sure that their interests are protected and that they are in the best position possible. That includes trying to get compensation for lost wages, medical bills, and future and past medical treatment. The concept of insurance is that it is supposed to make a person whole again, but oftentimes, the insurance money does not necessarily cover all of that, which is why it is important to have a qualified attorney who specializes in auto accidents.
There are a lot of people from overseas who rent cars to visit Disney World, Universal, or Lego Land, and are used to driving on the left side of the road. Many people are not necessarily familiar with the rules of the road in America, whether it is turning right on red or U-turns. There are likely lots of people paying attention to the numerous billboards more than the road. All of this makes a car accident more likely, which is why drivers need to pay special attention.
It is important to identify who owns the vehicle that the defendant was driving. If it is owned by a state entity, it may involve sovereign immunity, which makes a claim more difficult. If it is a corporation, there may be a commercial policy to contend with. It might also be an average individual with a regular auto policy. The claim can take a different direction depending on this.
The state of Florida is a comparative negligence jurisdiction, which means a hypothetical jury can apportion fault to those involved in an accident. Hypothetical jury is a phrase that refers to how a lawyer considers the value of an automobile case. They must think about what a jury might do and determine what that value is.
Liability can be apportioned to two or more individuals. Someone could be 100% liable, or they could be 60% liable while the other person is 40%. If two individuals run a red light and crash into each other, there will likely be 50% responsibility towards each. In contrast, if someone is at a red light with a complete stop and they get rear-ended, there will be 0% fault on them.
However, if that person in front slams on their brakes without warning, a jury can apportion them a certain percentage of fault, which reduces their potential award by that percent. For example, if a jury awards an individual $100,000 in damages, but they were deemed to be 30% of fault to the accident, that individual is only going to get $70,000, 30% less than what the damages are valued at. The plaintiff cannot be more than 50% at fault if they wish to receive compensation from a jury.
It is a bad idea to try and handle your lawsuit without legal counsel. Let a member of our team handle the unique aspects of your car accident in Winter Garden while you recover. Reach out to us today.
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