What This Page Covers:
- Legal Rights: Victims of car accidents caused by negligence have the legal right to pursue justice by filing a claim, necessitating swift action due to time constraints for submitting claims.
- Liability Assessment: Identifying the liable party or parties following a car crash, which may include other drivers, manufacturers, or government entities, is crucial and requires a thorough investigation by experienced lawyers.
- Proving Negligence: Establishing the liability of the at-fault party or parties involves proving the four elements of negligence: duty of care, breach of duty, causation of the crash and injuries, and resultant losses and harms.
- Legal Assistance Benefits: Hiring a car accident lawyer offers numerous benefits, including handling all legal aspects, personalized service, evidence collection, and dedicated advocacy for justice and fair compensation.
When you experience a car crash, you may be left wondering what your next steps should be. If negligence is to blame for the crash that caused you harm, you may have the right to pursue compensation by filing a car accident or personal injury claim. While your main priority should be to recover from the incident, it is also important that you retain the help of a trusted lawyer as soon as possible so that you are protected legally and so that a claim may be pursued on your behalf. Time is important because there is a limited period in which victims have to bring a claim after a car crash. To begin investigating your car accident claim, contact one of our Pompano Beach car accident lawyers today.
At Hersh Kirtman Injury Law, our personal injury law firm has extensive experience helping clients who have suffered injuries in a car accident caused by another party’s negligence. Our team of Pompano Beach car accident attorneys provides trusted legal counsel to car accident victims, guiding them through an often complicated process and assisting them in their pursuit of fair compensation. Our Pompano Beach car accident lawyers have a proven track record for success and are dedicated to protecting your rights throughout the claims process as we help you hold the negligent party responsible for their actions that led to the accident.
Steps to Take After a Car Accident in Pompano Beach
Being involved in an auto accident can be overwhelming, but taking the right steps immediately after the crash is crucial for protecting your rights and ensuring you can recover compensation for your injuries and damages. Florida law requires drivers to follow specific procedures after an accident, especially if there are injuries or significant property damage. Following these steps can help you avoid costly mistakes and build a strong case.
Reporting the Accident and Filing a Claim
Florida law requires reporting accidents involving injuries or property damage exceeding $500 within 10 days. Call local authorities immediately to file a police report at the accident scene. Notify your insurance company promptly while avoiding admitting fault before consulting an experienced car accident lawyer
Building a Strong Case
To strengthen your case:
- Gather Evidence: Take photos of vehicle damage and road conditions. Collect witness statements and police reports.
- Document Injuries: Keep detailed records of medical bills and treatments.
- Consult Legal Experts: Experienced personal injury lawyers can help negotiate with insurance companies and ensure compliance with Florida law
By following these steps and seeking legal guidance, you can maximize your chances to recover compensation for economic damages like medical expenses and non-economic damages such as pain and suffering.
Who Can Be Liable in a Pompano Beach Car Accident?
Depending on the specific details of your car accident case, there are various parties who may be held accountable for the injuries and losses you have suffered. For this reason, it is especially important that you retain the help of a trusted lawyer like those on our experienced legal team at Hersh Kirtman Injury Law. Our team of car accident attorneys will launch a full investigation into what occurred and collect any necessary evidence to identify the party or parties who should be held liable for the crash.
Car crashes often involve unique circumstances and causes. Sometimes a crash occurs simply due to driver inattention or carelessness. In other instances, however, crashes occur due to vehicle malfunctions, roadway or construction defects, or other non-driver causes. As a result, after a crash, various people or companies may be responsible for what occurred, including:
- Other drivers on the roadway
- The manufacturer of one of the vehicles involved, if the accident occurred due to a malfunction
- A government entity that failed to properly maintain roads, intersections, or infrastructure where the crash occurred
Once the liable parties have been identified in your case, the next step our car accident lawyers will take is to investigate who did what wrong and gather the evidence necessary to prove the claim.
Identifying Negligent Drivers and Parties
Liability in a car accident can fall on various parties depending on the circumstances. Commonly, the fault driver is responsible for damages, especially if their actions, such as speeding or distracted driving, caused the crash. In some cases, liability may extend to:
- Employers: If the driver was working at the time of the accident.
- Vehicle Manufacturers: If a defect in the car contributed to the collision.
- Local Authorities: If poor road conditions or lack of signage played a role.
Determining fault often requires valuable evidence, such as police reports, witness statements, and expert analysis of the accident scene.
Understanding Comparative Negligence Laws in Florida
Florida follows a modified comparative negligence standard. If you are less than 50% at fault for the accident, you can still recover compensation, but your damages will be reduced by your percentage of fault. However, if you are found more than 50% responsible, you cannot recover damages. This change, effective March 2023, replaced Florida’s previous pure comparative negligence system.
What Damages Can You Recover After a Car Accident?
After a car accident, victims may face significant financial and emotional burdens. Florida law allows injured parties to recover compensatory damages, which include both economic damages and non-economic damages, to help restore their lives to the state they were in before the accident. In rare cases involving gross negligence, victims may also seek punitive damages to penalize the at-fault driver. The type and amount of damages you can recover depend on the severity of your injuries, the extent of property damage, and other factors. Proper documentation, such as medical bills, repair estimates, and proof of lost wages, is essential for substantiating claims. Consulting with an experienced car accident lawyer can help ensure all potential damages are accounted for and pursued effectively.
Medical Expenses and Future Care Costs
Victims can recover compensation for immediate medical bills and ongoing care needs. This includes ambulance fees, hospital stays, medications, rehabilitation costs, and future treatments for sustained injuries like internal bleeding or neck injuries.
Lost Wages and Reduced Earning Capacity
If serious injuries prevent you from working temporarily or permanently, you may claim lost wages. Additionally, if your earning capacity is diminished due to long-term disability or severe injuries, this loss can also be compensated.
Pain and Suffering Compensation
Non-economic damages address emotional distress and reduced quality of life caused by the accident. This may include compensation for psychological trauma, permanent disability, or loss of companionship.
How Our Pompano Beach Car Accident Lawyers Prove Liability
One of the most important steps in investigating and pursuing a car accident claim is, of course, proving the liability of the parties who caused your accident. This is done by initially gathering all available evidence, including video footage, photographic evidence, debris, witness testimony, and other evidence pertinent to the crash. In some instances, retaining experts to recreate crashes or determine biomechanically how the crash impacted the individuals involved may be required. These efforts are critical to establishing one or more of the necessary elements in a negligence claim, which is required in any car crash case. These are the four elements of negligence:
- The liable party owed you a duty of care
- The duty of care was breached
- The breach of duty led to the car accident and your injuries
- You suffered harm and loss as a result
The investigative efforts discussed here are critical to establishing who owed duties of care, how they breached those duties, and in some instances, how the breach caused harm. Beginning the investigating quickly is very important, as evidence tends to disappear and memories fade. Should you have been injured in a crash, you should speak to an experienced car accident attorneys quickly, so that an investigation may begin and the claims can commence.
Why You Should Hire a Pompano Beach Car Accident Lawyer
After suffering injuries in a car accident, your main focus should be on your recovery. However, it is also important you are able to begin the process of filing a personal injury claim as soon as possible, which is where our legal professionals come in. While you focus on healing from your injuries, our team of car accident lawyers will take over the legal aspects of your case, keep you informed throughout the process, and guide you through the claim, which is generally unknown and daunting to car crash victims.
When you work with our Pompano Beach car accident attorneys, they will provide the following benefits:
- Extensive experience handling Pompano Beach car accident claims
- Substantial experience working with victims of car accidents and their families
- Answers to all questions regarding your case and the personal injury claims process as a whole
- Personalized legal services
- Help collecting necessary evidence for your car accident case
- Strong advocacy on behalf of you and your family in our fight for justice
To begin your car accident case, contact one of our Pompano Beach car accident lawyers today.
Contact a Pompano Beach Car Accident Lawyer
Suffering an injury after a car accident can leave victims feeling unsure of what their legal options are in regard to pursuing justice. To ensure that liable parties are held responsible and you fully understand your legal options, speak with one of our car accident lawyers, who help you understand your rights and guide you through the process of pursuing a claim, and litigating and trying the case.
At Hersh Kirtman Injury Law, we provide clients with trusted representation after our clients have suffered losses in a car crash caused by negligence. To schedule a free case evaluation with one of our Pompano Beach car accident attorneys, contact us today by filling out our contact form or giving us a call at (561) 823-3735.
LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
November 27, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
✓ Fact Checked
✓ Editor