North Central Florida has plenty of roads leading to your favorite places. Whether driving to a University of Florida game (GO GATORS!) or to the outskirts of Alachua County, there are almost always a bunch of other vehicles on the road with you. Although most drives are uneventful and carefree, the abundance of cars on the road does increase your chances of being involved in a car crash.
If you’ve been involved in a fender bender or something more serious, contact the Gainesville personal injury lawyers at Meldon Law Firm for a free consultation. They’re the locals who can help you understand what legal rights you have after a car accident.
What To Do After a Florida Car Accident
The most obvious thing to do after a car accident is to seek medical attention. Even minor accidents that hardly cause a scratch to your vehicle can cause bodily injuries. Some victims don’t experience any symptoms for hours or even days. After the impact, their bodies are flooded with adrenaline and cortisone, which can mask physical pain. If you plan to file a personal injury lawsuit, seeking medical attention promptly will help improve your case’s strength.
Once you’re tending to your injuries, here’s what’s next on your to-do list. Florida allows those injured in a car accident to seek compensation from the other driver’s insurance company. Still, your lawyer must prove the defendant was negligent and caused the accident.
Hire an Attorney
Regardless of how obvious the other driver’s fault is, under no circumstances should anyone attempt to recover damages without the assistance of an experienced personal injury lawyer. This is especially true if the negligent driver’s insurance company has already made you a settlement offer. If they’ve already tried to lure you into signing on the dotted line, doing so will leave money on the table.
A personal injury attorney can help you to find other claimable damages other than for out-of-pocket medical expenses. These include loss of current and future wages, pain and suffering, and mental anguish. It should be noted that Florida’s personal injury statute of limitations is 2 years, so hiring an attorney shortly after your accident is crucial.
Gather Evidence
Your legal counsel will need to prove that both a driver’s negligence caused the accident and that you sustained bodily or emotional harm as a direct result of the crash. This is done by gathering evidence to prove both claims. Your lawyer will assist you in collecting information that proves negligence, injuries, and possibly financial losses. Typical car accident evidence includes the following:
- Police accident reports
- Photos of the accident scene
- Eyewitness statements
- Surveillance video of the accident
- Photos of your injuries
- Emergency room intake and discharge papers
- X-rays, CAT scans, and MRI images
- Doctor’s notes and diagnosis of injuries
- Lab test results
- Itemized medical bills
Inform the Driver of Your Intentions
Before filing a personal injury lawsuit, you must inform the negligent driver’s insurance company of your intention to seek damages. Your legal team will outline your claims and send a certified letter of your intentions. They’ll be given 90 days to respond. They may outright deny your claims or offer to meet to work out a settlement agreement. Once they respond, the sharing of information between both parties can begin.
Pre-Trial Negotiations
Fortunately, most car accident lawsuits never go to trial. Trials can be incredibly costly and time-consuming, and it’s beneficial for the plaintiff and defendant to come to a pre-trial agreement. During this discovery phase, information is shared. Each side can bring witnesses, those who witnessed the accident and medical experts, to be deposed under oath.
Once all information and evidence have been shared and discussed, the defendant’s legal team can offer an out-of-court settlement. With the guidance of your lawyer, you can negotiate the terms. If an agreement cannot be reached, mediators and arbitrators can be brought in to help an agreement be reached. If not, the case will go to trial.
Florida Car Accidents and Your Legal Rights Explained
No matter who’s at fault, a car accident is never a pleasant experience, especially if you’ve been injured due to a careless driver. However, you have the right to seek compensation for economic and non-economic damages.
Fortunately, most car accident cases are settled out of court. Hiring an experienced personal injury lawyer is crucial to obtain maximum compensation for your damages. The entire process of gathering evidence and eventually receiving a settlement doesn’t happen overnight and should never be attempted without legal representation.
