Car accidents are a common occurrence on the roads of Florida, and they can have serious consequences for those involved. If you have been in a car accident in Florida

How to Prove Fault in Your Tampa Car Accident Claim if There Were No Witnesses

Each year, thousands of car accidents occur in Tampa, many with no witnesses. This lack of direct witnesses can pose a serious challenge for those seeking to prove fault in

When Does Uber or Lyft’s Insurance Coverage Apply to Your Lakeland Rideshare Accident Claim?

Rideshare services like Uber and Lyft have become increasingly popular in Lakeland and other cities, providing a convenient and affordable mode of transportation for many people. However, with the rise

What to Do if You’re Injured by an Airbag in a Lakeland Car Crash

Car crashes are an unfortunate reality that can cause serious injuries and even fatalities. In the midst of the chaos and confusion of a car crash, one may not even

Recent Car Accidents Blogs:

Will There Will Be A Car Accident Investigation?

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Should I Seek Medical Attention After An Accident?

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Should I Tell My Doctor About Prior Injuries?

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

What Is A Permanent Injury In Florida?

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

What Is "Maximum Medical Improvement?"

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

What Is "Palliative Care?"

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

How Can A Lawyer Help Me After An Accident?

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

After a car accident, going back to life before your injury can be hard. You may have had to cover upfront medical costs, or your insurance didn’t pay enough for you to recover financially. The consequences of an accident can be far-reaching, so if you continue to struggle, you may want to seek legal help.

If someone else’s negligence caused your accident, our firm’s Brandon car accident lawyer could help you file a lawsuit. Our team has experience litigating cases like yours to provide financial relief for our clients. You can ask Dave or a member of our team what damages you could be eligible for in your free consultation.

Compensation You Could Recover After a Car Accident in Brandon

According to the Centers for Disease Control and Prevention (CDC), drunk driving, speeding, and other violations account for a huge percentage of serious, and even fatal car accidents. In Florida, you’ve likely had to cover your injuries through your insurance; however, you may have experienced losses that your insurance can’t cover.

A lawsuit against the negligent party that caused your injuries could win you compensation. Some common forms of compensation car accident victims may be entitled to include:

Reimbursement for medical expenses you incurred as a result of injuries or illnesses related to your car accident.
Compensation for any emotional trauma you have experienced, including a decreased quality of life.
Financial support for loved ones if there was a loss of life following a serious accident.
Recovery of expenses for services you can no longer provide yourself, including domestic chores and childcare.
Repairing or replacing damaged property, including your vehicle.
Wages from lost paychecks, benefits, or retirement, including future income, if your ability to work has been altered.

The cost of a car accident looks unique for each person. A lawyer from our firm can help you determine the extent of your losses so that you can pursue appropriate compensation from the liable party.

Should I Hire a Lawyer?

There are many ways in which hiring a lawyer could be helpful to you. Here are some potential benefits of hiring a lawyer from our firm:

Our legal team can help you identify and collect evidence of third-party liability to strengthen your case.
Professionals on your side may offer you greater peace of mind and a sense of support throughout the filing process than if you went alone.
Our office will keep you updated on changes and updates to your case, including filing deadlines and important advancements.
We will represent you in court proceedings and communicate with the defending legal team, protecting your rights and fighting for you.

Proving Liability in Car Accident Lawsuits

It is no secret that a car accident can change your life. While your Personal Injury Protection (PIP) no-fault insurance may have helped with some of your expenses, it’s often not enough to dig you out of the financial hole an injury creates.

To file a lawsuit and obtain the compensation you deserve, your lawyer must prove liability by showing that someone’s negligence caused your accident. There are four elements of negligence you must prove to demonstrate that someone is liable for your injuries:

Duty of Care

The first element that a personal injury lawyer must prove is that the negligent driver owed you a duty of care, also known as the standard of care. Every driver on the road is obligated to provide a duty of care and do their best to avoid causing any injuries.

Very few situations exist where a negligent party does not owe other drivers a duty of care. Our lawyers can review your case and determine who owes you a duty of care.

Breach of Duty

The next element our experienced attorneys must prove is that the driver of the vehicle broke the duty of care. Many actions can qualify as a breach of the duty of care, meaning that the at-fault driver disregarded your and others’ safety.

Some of the most common actions are distracted driving, drunk driving, and reckless driving. Fatigued drivers are also a risk and can breach the duty of care by swerving off the road and causing an accident.

Actual Damages

A personal injury attorney in Brandon must also be able to prove that the accident resulted in damages. The damages can be either financial damages or non-financial damages.

Damages can be shown with evidence such as medical bills, police reports, and eyewitness accounts if necessary.

Causation

The final element of negligence that must be present is a connection between the negligent actions and your injuries. If the party that injured you did not perform the actions, you wouldn’t have gotten hurt.

Our lawyers are ready to prove that the negligent party was responsible for your injuries so you can get the money you need to recover from them, whether you have severe or catastrophic injuries.

Common Causes of Car Accidents

A Brandon car accident lawyer can review the details leading up to your accident to determine which party or parties are liable for your accident. If the person who caused the accident broke a traffic law, they might be liable.

Here are some examples of common car accident causes that could make the other party liable for your injuries:

Drunk driving
Speeding
Reckless driving
Illegal lane changes
Failure to yield
Distracted driving
Falling or unsecured cargo
Obstructions on the road
Vehicle manufacturing errors

This list is not comprehensive. If you’re unsure whether the other party is liable, an attorney from our firm can help. Our law firm has a track record of getting our clients the necessary damages.

You Have a Limited Time to Act

Per Florida Statute 95.11 (3)(a), you must file a lawsuit two years from the accident date. Overstepping the statute of limitations may make it more difficult to receive the appropriate compensation, as you may lose leverage in negotiations.

In addition, some evidence that could be useful for your case may be time-sensitive. If you wait too long to get started, some evidence may disappear. If you get a lawyer involved early on, they could help you secure documentation, video surveillance footage, and forensic evidence that might help your case.

Insurance Companies Are Not On Your Side

When you have to meet with the insurance company, you should always have a car accident lawyer by your side. Insurance claims adjusters have a notorious reputation for depriving you of the settlement you qualify for.

To do this, the insurance claims adjuster may make you doubt the facts of the accident, admit fault, or emotionally manipulate you. Our team has years of experience dealing with insurance adjusters, so we can surpass their attempts to take away a fair settlement and get you the compensation you need.

Contact Our Team of Passionate Lawyers Today

Your insurance settlement may not be enough to restore your financial security and quality of life. If you’re interested in pursuing compensation through a lawsuit, get help from a car accident attorney serving Brandon, FL, residents at Dismuke Law.

Ask Dave what our team can do for you. Call Dave or send us a message via the contact form on our website to get a free case consultation today.

Take The Next Step

We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Not Just Your Attorney

Acting Within Our Community

Charities We Support and Communities We Are Involved In