Being the victim of a car accident does not guarantee that you will have a successful personal injury case, even if you believe you were undoubtedly not at fault. As in many states, there are a few things that must be collected, presented and proven in order to set your Florida accident case up for success and get the recoveries you deserve.
Here are a few of the items necessary to know if you have a personal injury case:
Proof that the other driver was negligent.
The first step in determining the validity of your claim, it must first be proven that the other driver was operating his/her vehicle negligently. If it can be proven that the other driver was being negligent while operating his/her vehicle, you are one step closer to a successful personal injury case. Examples of negligent driving include: speeding, running a red light or stop sign, failing to yield for a pedestrian, not turning on headlights while driving at night, texting while driving, driving without required prescription lenses or contacts, driving under the influence of drugs or alcohol, etc. Find more examples of driver negligence here.
Proof that the negligence was the cause of the accident.
Next, it has to be proven that the negligent driver was the cause of the accident. While it may seem cut and dry to the victim of the accident, there may be circumstances where the victim contributed to the cause of the accident unknowingly. For example, if there was an accident caused by a negligent driver running a red light, but the victim wasn’t wearing the required prescription glasses to drive (and therefore couldn’t see the car to avoid it), there is partial fault involved.
Proof that the accident resulted in injury.
Lastly, it must be proven that the injury was not pre-existing, and that it was directly caused by the accident.
In Florida (and some other states), it is a state law that every vehicle owner and driver must have $10,000 worth of PIP (Personal Injury Protection) insurance coverage. Under PIP, automobile insurance carriers will cover up to 80% of medical bills, up to a max of $10,000, if the victim seeks medical treatment within 14 days and his/her injuries were determined to be an emergency medical condition.
So, if the victim seeks medical examination within the 14-day period and it’s determined that the accident resulted in injury, the victim likely has a valid personal injury case.
For more detailed information about your personal injury case in Florida, contact our team today for a free case evaluation or download our complimentary e-book below.
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