Proving Liability in Florida: Auto Accident Cases

Proving liability in auto accidents can be challenging in Florida. We are a no-fault state and expect drivers to claim from their Personal Injury Protection (PIP) insurance no matter who is at fault. Have you suffered a significant injury in a motor vehicle accident? You can pursue a liability claim against the other party or parties if you show they were negligent. Negligence is defined as “failing to exercise a degree of reasonable care expected of someone in order to minimize the risk of harm to another person.”

You need auto accident lawyer Slinkman, Slinkman & Wynne, P.A. to prove liability, protect your rights, and claim the compensation you deserve from auto insurance companies. We are a Jupiter-based law firm with big firm ability and experience, and a small firm’s personal approach. Let’s discuss liability in auto accident cases.

Understanding Liability in Auto Accidents

Has a vehicle accident radically changed your life? To hold someone liable, you must show that at least one of the following was experienced as a result:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring and disfigurement
• Death.

How can an auto accident attorney ensure the insurance companies pay your liability claim? Your lawyer must prove four elements of negligence: duty of care, breach of duty, causation, and damages. Slinkman, Slinkman & Wynne offer a free initial consultation where we discuss your case and determine if your experience satisfies legal requirements.

Insurance Companies and Liability

Most insurance companies will settle standard claims once they have all the facts. If you wish to hold them accountable for significant and permanent damage, you must substantiate your claim with evidence. In this instance, it is best to let your auto accident attorney acquire all the necessary evidence and communicate with the insurer. 

Evidence is gathered from various sources, including police reports, witness statements, photographs, witness testimony, medical bills, and medical records. All evidence must be complete and accurate if you want to file a civil lawsuit. Medical records play an important role in liability claims. The insurance companies of other parties involved will try to find fault with your case, and it is vital to have all your symptoms recorded, whether physical, mental, or emotional. No matter how insignificant you feel they might be.     

Steps to Take After Proving Liability

What happens when your lawyer gathers all the evidence proving liability, but the insurance company refuses to pay compensation after protracted negotiations? The next step is to initiate a personal injury lawsuit. Did your vehicle accident take place on or after March 24, 2023? You have two years to file the lawsuit, starting on the actual date of the accident. 

Did your auto accident happen before March 24, 2023? According to the Florida statute of limitations for personal injury cases, you have four years to file your lawsuit from the date your accident happened.   

Compensation and Damages

Courts can grant two types of damages for a personal injury case: economic and non-economic. Auto accidents differ from other personal injury lawsuits, as you must show that permanent injury results from the accident if you want to receive non-economic damages.

Economic damages include medical expenses, estimated future medical expenses, lost income, and property damage. Non-economic damages can include emotional distress, pain and suffering, and loss of enjoyment of life. The attorneys at Slinkman, Slinkman & Wynne understand that every dollar is important to our clients. That is why we try to keep our costs low without jeopardizing the case.

Have you sustained permanent and significant injuries in a vehicle accident? You deserve just compensation from auto insurance companies and need a law firm with a track record of securing excellent results for car accident victims in South Florida. Contact Slinkman, Slinkman & Wynne, P.A. today for your first free consultation and get help to prove liability in auto accidents.