Do I Still Need A Lawyer If My Accident Was Not My Fault?
I’ve been in an accident that I don’t think was my fault. Do I need a lawyer?
The simple answer here is yes. An attorney can help ensure that you get the right results form your case. They’ll review the circumstances and see how to best go about getting you the most compensation, they’ll make sure the settlement amount you receive is fair, and fight to make sure you get what you deserve. And they do it all while making sure that you are able to heal physically.
What is fault in a Florida Accident?
Florida law allows those who are injured in an accident to seek compensation if they can show that their injuries were caused by the reckless or negligent actions of another. Those reckless actions are the key to assigning fault in a lawsuit, and can include things like:
• Texting while driving
• Failure to obey traffic laws
• Drunk driving
• Failure to yield right of way
Each accident is different, and determining fault is different as well. Your attorney can review your case and make a determination as to what your options are.
How is fault proven by my attorney?
An attorney will have years of experience and numerous tools that can be used to prove fault and prove that you are owed restitution. Some of those tools will include things like:
• Mobile phone records
• Witness statements
• Surveillance camera footage
• Data from on board data recorders
• Past safety and traffic violations
• Accident reports
Along with these basic tools, your lawyer will also work with accident reconstruction specialists and other experts to get a clear picture of what happened during your accident and what you are owed.
What if the accident was partially my fault?
Even if you’re partially to blame for the accident, you could still receive a settlement. Florida uses comparative negligence laws. This means that if you were 20 percent responsible for the accident, you may only receive 80 percent of the total sum you would normally be owed. This aspect of personal injury law can be confusing and complex, which is why having an attorney is so important.
I’m filing a PIP claim. Do I still need a lawyer?
Yes, you will. PIP may be something that is designed to pay out to the policy holder regardless of their fault, but the fact is that insurance providers don’t generally want to pay out anything they don’t have to. As such, compensation from a PIP policy can often be just as difficult as getting it from other sources. Additionally, you may be entitled to compensation from other sources beyond your PIP policy. Your attorney can help you figure out more about what all of your rights are, and make sure that you get what you’re owed.
But I’m already being offered a settlement. Why do I need a lawyer?
Just because you’re being offered a settlement, it doesn’t mean that you’re being offered one that is fair. It’s common to be offered lowball settlement amounts from the other side, and accepting one that is less than you deserve means that you don’t get to seek compensation that you’re actually entitled to. Your lawyer will review all settlement offers and make sure you get the money that you’re actually entitled to.
Just what is a fair settlement, then?
Your settlement amount will vary greatly depending on everything from your lost wages to medical bills to the future potential lost wages or lost earning potential that might occur due to your accident. Each aspect of your accident’s true cost needs to be considered first, before you accept a settlement. Your lawyer will consult with medical and financial experts to review your case and make certain that you get a settlement amount that is fair and that will help you find financial stability after an accident.