Kendall Car Accident Lawyer
Nearly every driver will be involved in a car accident at some point in their lives. It is important to know what your options are after a car accident and to talk to an attorney about filing your case in a court of law to maximize your compensation. While your insurance might be able to compensate you for medical expenses and lost wages, it might not fully cover your needs.
If you or a family member was seriously injured in a car crash in South Florida, call The Law Offices of Prosper Shaked today. Our Kendall car accident attorney represents injury victims and fights to get them the compensation they need to pay for medical bills, lost wages, and pain and suffering. For a free consultation on your case, call our law offices today at (305) 690-0244.
Can You Sue for a Car Crash in Kendall, FL with No-Fault Insurance?
Every driver in Florida is required to carry no-fault car insurance. A no-fault auto insurance system allows you to file a claim with your car insurance carrier after a crash to help you recover compensation for your injuries and property damage, regardless of who was at fault. These first-party claims do not require you to prove who was at fault for the crash, and they can give you money to help with medical bills and lost wages pretty quickly. However, the money they pay may be limited and may fail to cover your needs.
Florida’s no-fault insurance system requires you to carry at least $10,000 in personal injury protection coverage (PIP). As long as your injuries are worth under the $10,000 PIP limit, your insurance may be able to cover some of your damages. However, they may not be able to cover 100% of your medical expenses or lost wages because of policy restrictions and deductibles.
If your injuries are worth more than $10,000 or are permanent in nature, you can take your case to court instead. Going to court with your case means that a judge and jury will decide your case instead of a claims adjuster. A lawsuit allows you to maximize your damages by potentially awarding 100% of all damages you face. This can include damages for:
- All medical expenses related to your accident, including the costs of X-rays, doctor’s visits, hospital stays, crutches or wheelchairs, rehabilitation, and physical therapy;
- Lost wages during recovery as well as wages you lose because your injuries require modified job tasks;
- Direct compensation for the pain and suffering you face.
Not only can these damages be paid in full, but you can also claim pain and suffering damages, a category that your auto insurance will not cover.
If your child, parent, or spouse was killed in a fatal car accident, you may be able to claim damages for their pain and suffering, the financial impact your family suffers, the lost companionship, and funeral and burial expenses.
Proving Fault in a Florida Car Crash
After a car crash, you need to prove that the other driver was at fault before you can receive compensation. Using your auto insurance does not require proving fault, but the tradeoff is that insurance might not fully cover your needs. An experienced car accident attorney can take your case and present it to the jury using all of the legal tools at their disposal to prove the other driver was at fault.
In a personal injury lawsuit like the one you would file for car accident injuries, you must prove the other driver was “negligent” to win your case. This means proving that the other driver owed you a duty to drive safely, breached that duty by violating traffic laws or driving in an unsafe manner, and that the breach caused your injuries.
To prove the duty of care the other driver owed you, your lawyer can point to traffic laws and general rules of the road. Even something as simple as a speed limit violation can be a step toward proving the other driver was at-fault for your crash. Things like excessive speeding, reckless driving, DUI, or texting and driving can be even stronger evidence of fault.
There is no need to prove that your driving was perfect since Florida law allows you to recover compensation even if you were partly at-fault for your own crash. The defendant might point to your speed or rolling stop at a stop sign to try to shift the blame. Courts are required to look at the totality of the circumstances and can decide that even if you shared a small percentage of the blame for the crash, you can still recover the majority of the damages you deserve.
Kendall Car Accident Lawyer Offering Free Consultations
If you or a loved one was seriously injured in a car crash, you might be able to file your case with the courts and seek substantial compensation for your injuries. Kendall car accident attorney Prosper Shaked represents the victims of serious car crashes and fights to get them and their families the compensation they need to move on with their lives. For a free consultation on your case, contact our law offices today at (305) 690-0244.