Florida is a popular travel destination and a beautiful place to live. This means that, at any given time, there are hundreds of thousands of vehicles on Florida highways and roads. Unfortunately, with increased traffic comes an increased risk of serious collisions.
In fact, according to the Florida Department of Highway Safety and Motor Vehicles, there were over 400,000 motor vehicle accidents in Florida in 2017 with approximately 166,612 of those accidents resulting in injury. And, perhaps unsurprisingly to anyone who drives in this area, US 41 in Tampa has been named the second deadliest road in the nation.
If you were involved in a car crash in Clearwater, Tampa, Palm Harbor, St. Petersburg, or throughout the Greater Tampa Bay region and beyond, The Fran Haasch Law Group can help you fight for a fair recovery. When another person acts carelessly or recklessly and you are injured as a result, you are entitled to take legal action.
Our Clearwater car accident attorneys have nearly 20 years of experience handling all types of complex personal injury and wrongful death claims; we can help you work to secure the compensation you need to heal and move forward from the accident.
Were you injured in a serious car accident? Contact The Fran Haasch Law Group online or by phone at (727) 784-8191 for a free and confidential case evaluation.
Determining Liability in Car Accident Cases
Like most personal injury claims, a successful car accident case hinges on the concept of negligence. Victims of serious collisions must first determine if they are eligible for compensation based on whether or not another person or entity acted negligently. Victims must then show that this negligence led to their injuries. It is important to note that harmful conduct does not have to be intentional for a victim to take legal action; mere negligence is enough to give rise to a claim.
Some of the most common instances of driver negligence include:
- Distracted driving
- Texting and driving
- Drunk driving
- Reckless driving
- Illegal driving behaviors
- Fatigued driving
- Failure to follow rules of the road
- Defective auto design
- Defective car parts
This list is not exhaustive. There are many other examples of how negligence can lead to serious collisions, property damage, and bodily harm. If you were involved in a car accident and you believe the other driver or another entity is at fault, contact our firm to discuss your legal options.
What Is Comparative Negligence?
When it comes to car accident claims, Florida personal injury law follows what is known as “pure comparative fault law.” This means that it is possible for more than one driver to be determined negligent. Most people think that only one person is at fault for an accident, but that is not the case in Florida. We see this as a very common practice in the car accident cases we have handled. It is a tactic that is often used by a defense attorney to work to reduce the amount of compensation an injured victim is able to receive.
A pure competitive fault law means that no matter your degree of fault for an accident you are still entitled to pursue compensation. The court determines your percentage of fault which is then reduced from your total compensation amount. For example, if you are found to be 15% at fault for an accident your total compensation would be reduced by 15%.
How Long Do I Have to File a Claim?
According to Florida Statutes section 95.11(4)(d), the statute of limitations in Florida is two years. This means you have two years to file a personal injury claim for your car accident or you may lose your right to pursue compensation. Florida does acknowledge some exceptions to this two-year rule, an attorney from our firm will be able to let you know how they might affect your case.
What Kind of Compensation Can I Recover?
The amount of compensation an injury victim recovers varies based on the specific circumstances of their case, what they can pursue compensation for, however, remains consistent. What a claimant can pursue compensation for is also called “damages” and there are three main types, economic damages, non-economic and punitive.
Economic damages, as the name suggests, compensate for financial losses associated with sustaining an injury such as medical bills, future medical expenses and missed days at work. Non-economic damages compensate for more abstract losses such as pain and suffering. Since non-economic damages compensate losses intangible by nature they are also called general damages. Punitive damages are the last type and are different from the first two in that their main purpose is to punish the defendant for their negligent behavior. Of the three punitive damages are awarded the least.
Should I Get An Attorney After A Car Accident?
It is extremely important for you to select a car accident attorney who is well-versed in these types of scenarios. Often times, insurance companies get involved and try to claim that the car accident was not severe in nature due to minimal impact or because the injuries the victim sustained existed previously. Their intent is to reduce the amount of compensation you can receive. You need to have a dedicated Clearwater car accident attorney that will do everything in his or her power to serve you and help you win your case.
At The Fran Haasch Law Group, we work with experts who evaluate factors like distance, speed, and time to determine liability in your case. We also look at documented witness statements, medical records, and physician statements in order to help you fight for a fair recovery.
How We Can Help
If you decide to retain the legal services of The Fran Haasch Law Group, our attorneys will work diligently with you to review all documentation and evidence that we know is required to build your car accident case. We work tirelessly to help you maximize your recovery so that you can focus on getting the crucial medical treatment you need—without having to worry about how you will pay your bills.
Don't wait to get help.
Schedule your free initial evaluation with
our legal team when you call (727) 784-8191 or contact us online.