Being the victim of a car accident can derail your entire life. You may suffer from debilitating injuries and face weeks or months of healing and recuperation. Some injuries may even be permanent.
Your injuries could require a hospital stay or ongoing medical treatment, which leave you with medical bills that continue to pile up. Many car accident victims end up missing work or having to leave their jobs altogether, either because of their injuries or because they no longer have transportation.
Concentrate on your healing first
The impact of all these things often leads to significant physical, mental and emotional distress. As you focus on getting back on your feet after an accident, you might necessarily feel angry and upset, especially if you believe the accident was the other driver’s fault.
After your accident, your priority should be tending to your injuries and obtaining any necessary medical treatment. Once your shock wears off and you are on the road to recovery, filing a personal injury claim could help you recover compensation for your losses.
What does a personal injury claim involve?
Success with your claim depends on proving the other driver was negligent. Every driver on the road has a legal duty to drive safely. When that duty is breached and causes an accident that results in damages, negligence is established.
Proving negligence is challenging, particularly if the other driver claims you were at fault. Florida uses a comparative negligence approach in these types of cases.
Understanding comparative negligence
This means that a court examines the percentage of negligence for each driver. For example, you may prove that the other driver was negligent, but a court can decide that they were 90% responsible for the accident and you were 10% responsible.
Any amount of compensation you recover would then be reduced by 10%. You can request compensation for things like your medical bills, lost wages and pain and suffering.
A personal injury attorney can analyze your situation and advocate for your best interests, helping you to maximize your potential recovery.