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Florida is a no-fault state; the injured drivers are reimbursed from their insurance coverage. However, in specific situations, they can file a claim against a negligent driver. In a car accident, a driver is deemed to have acted in a negligent manner if he or she ran a stop sign, drove under the influence of alcohol or drugs, talked or texted on the phone while driving, made an improper turn, tailgated you, etc. Depending on the exact circumstances and evidence, a personal injury claim can be filed.
Negligence is the basis for many car accident lawsuits. When sued for negligence, it means that one has behaved in a careless manner and caused injury to someone else. A person can be negligent when he or she does something that should not have been done or failed to do something that should have been done. Typical examples of negligence leading to car accidents include:
Victims of car accidents can file personal injury claims based on the negligence theory. They, however, will have to prove that the defendant was acting in a negligent manner, that the other driver’s improper behavior caused the accident and that the crash resulted in personal injury and property damage. To do so, plaintiffs will require evidence from the scene of the accident, from their injuries and medical treatment related costs.
Pictures should be taken at the site of the crash and victims should make sure a police report is filed. Eyewitnesses can be valuable in a personal injury lawsuit, so if there are any, their contact details should be obtained. Medical records should be kept just as receipts and victims should document the extent of their injury, days off work and other related losses.
Once all this evidence is gathered, victims should contact a personal injury attorney for an initial case evaluation. If there is a valid legal claim, the chosen attorney can file the complaint and negotiate a fair settlement with the insurance companies involved. If negotiations fail, a lawsuit can be filed, and a judge or jury will decide on the proper amount of compensation victims should receive. Call our Miami based office today at 305.416.9805.