Oldsmar Auto Accident Lawyer
Of the 403,626 car accidents that took place in Florida in 2018, 152,067 resulted in at least one injury. Even those who were fortunate enough to avoid sustaining a major injury, however, were forced to contend with property damage, which was involved in around 233,490 of collisions. Florida is a no-fault auto insurance state, which means that anyone who is involved in a car accident in the state will need to go through their own insurers to obtain compensation for accident-related losses, such as medical bills and vehicle repair or replacement. However, these policies don’t always cover the costs associated with severe accidents, in which case, the parties involved may have the option of filing a civil suit in court in order to recoup their losses. To find out whether your own injuries are severe enough to justify a personal injury claim, please contact our experienced Oldsmar auto accident lawyer today.
What Qualifies as a Serious injury?
Under Florida’s no-fault auto insurance policy, motorists who are injured in car accidents in the state are usually not permitted to pursue a legal claim against the at-fault party in court. There is an exception to this rule, however, that applies in cases where one of the individuals involved suffered a serious injury. To qualify as serious in nature for these purposes, an injury must:
- Involve significant and permanent loss of an important bodily function;
- Involve permanent injury;
- Involve significant and permanent disfigurement or scarring; or
- Result in death.
If a claimant’s injuries satisfy this definition, then he or she could be eligible to file a claim in court. In addition to recovering the full amount of their monetary losses, plaintiffs who file successful auto accident claims in Florida could be entitled to an award of non-economic damages. These damages, unlike economic damages, are intended to compensate victims for losses that are more difficult to calculate, such as the physical pain and suffering endured as a result of an accident or emotional distress. Unfortunately, damages of this nature are not available to claimants who seek compensation through their insurance policies.
The Elements of a Negligence Claim
In order to recover compensation for an auto accident in court, a plaintiff must be able to demonstrate that:
- The defendant owed a duty of care to the plaintiff;
- The defendant breached that duty; and
- The defendant’s breach resulted in the plaintiff’s injuries.
A wide range of evidence can be used to provide proof of negligence, including everything from traffic camera footage and eyewitness testimony to photographs from the scene of the accident and expert opinion regarding the cause of a particular crash. Please call our office today to speak with an attorney about investigating the cause of your own accident.
Contact Our Oldsmar Auto Accident Lawyers
To determine whether you could be entitled to damages for your car accident, please call us at the Pawlowski // Mastrilli Law Group today. A member of our dedicated legal team can be reached by phone or online message.
