Florida Personal Injury Laws

Witnessed A Car Accident

First, it’s important to contact the police. If you witness an automobile accident in Florida, you could be the only person that has relevant and material information to that particular crash that will help the police later, or will help lawyers later, or claims adjustors later, be able to determine who is at fault in the claims handling process. That’s the first thing. You absolutely need to make sure that you contact the police.

Second, if you safely can, you want to document what happened as much as possible. Identify the vehicles involved, witnesses who may have seen what happened, physical evidence that may be at the scene, debris in the roadway, skid marks. And in this day and age with technology and camera phones, if you can safely do it, it’s important that you document as best as you can any evidence there at the scene to help in the claims handling process down the road.

Insurance Company Requests A Recorded Statement

If you’ve been injured in an accident, you do not have to give a recorded statement to the other driver’s insurance company. You may have to give a recorded statement to a representative of your own insurance company, and that is totally dependent upon the wording or the language in your own insurance policy.

Motorcycle Bias

Typically what we found in Florida, through the years of handling motorcycle accident cases, is that jurors have somewhat of a bias against motorcycle operators just like many of us have a bias against truck drivers. Oftentimes the mere fact that a motorcycle operator is operating a motorcycle as opposed to a motor vehicle, sometimes jurors will hold that against that person just by the mere fact that they’re operating a motorcycle. Thinking that they must be reckless, because who would operate a motorcycle on the roads in Florida?

And oftentimes it’s difficult for us, even where the motorcycle client of ours is not at fault in any manner whatsoever, we still have to overcome that bias that many potential jurors out there have. So you must keep that in mind when pursuing a motorcycle accident case.

Need An Attorney

You don’t need an attorney for your personal injury case, because you can always pursue the claim on your own. However, it’s a mistake to do so. An attorney can help you carefully evaluate your case, look at the evidence that’s available, evaluate the potential causes of actions or claims that you may be able to bring, and look carefully at any and all persons or entities who may be responsible for your damages. An attorney generally is going to be able to help you recover more money than what you’d be able to recover on your own, and generally that difference is going to be substantial.

Alternatives To Court

Absolutely, there are. Typically in Florida, a trial is a last resort. In fact, most cases do not go to trial. In Florida, we have mandatory mediation which is an alternative dispute resolution process where no matter what, before your case ever goes to trial in front of a jury or a judge, you’re required to go to an informal mediation in an attempt for both sides to come together and resolve a case or settle a case. So, there are alternatives to going to trial in a case. Also, there are alternatives to filing a lawsuit in a case because oftentimes, before a lawsuit is ever filed, a claim can be handled and settled amicably between both parties where a case can be resolved without there ever being a lawsuit or without there ever being a trial.

Importance Of A Doctor Post-Injury

If the accident you’ve been involved in has resulted in you feeling injured, then it is important that you go to the doctor so that your injuries not only can be treated, but so that your injuries can also be documented for the claims handling process. Never allow a lawyer or a law firm to dictate your medical treatment. If you feel injured, if you feel hurt, if you feel different than you did before an accident, it’s imperative that you go to a doctor, you seek medical treatment, so that you can be adequately treated for your injuries and so that your injuries and damages can be adequately documented.

Punitive Damages, Auto Accident

If you have been injured in an accident, you’re entitled under certain circumstances to be compensated for your losses. That’s called compensatory damages. Punitive damages, also called exemplary damages, are only allowable in Florida when there has been not just gross negligence but an extraordinary, wrongful level of conduct, so much so that when people look at it, they would say it is almost intentional in terms of the conduct that set things in motion. An example would be the conduct of someone deciding to drink, knowing that he is later going to get behind the wheel of a motor vehicle. Gross negligence is the key. It is also referred to as willful or wanton conduct.

Settle Out Of The Court Room

In most personal injury case, your attorney is going to make an effort to try to settle or resolve your case with the other side, usually an insurance company, before filing a lawsuit and taking the case to court. That doesn’t always happen, and it doesn’t always succeed. If it does not succeed, your attorney then has to file a suit and put the case into litigation, then there are generally ongoing negotiations and opportunities along the way to try to settle the case before it gets to trial. Just one primary example is that every judge in the floor is going to order your case to mediation before trial, and that’s usually a more formal settlement conference providing the parties with an opportunity to try to settle your case before it actually gets to trial.

Best Law Firm

If you’re hurt in a car accident, hire the Best Law Firm and put the best firm to work for you. Call 800-282-BEST or visit our website.

By: David Best