Catastrophic Car Accident Injuries
Car accidents are an unfortunate reality of modern life, and can happen to even the most careful of drivers. According to the United States Centers for Disease Control and Prevention, car accidents are one of the leading causes of death in the country today, and resulted in 2.3 million emergency department visits among adult drivers and passengers in 2009 alone.
Car accidents can cause serious injuries that may require long term medical treatment and prevent a person from working. As a result, it is important for anyone who has been injured in a car accident to contact an experienced Florida car accident attorney for an initial case review. Car accident victims may be entitled to legal compensation for damages incurred, including medical expenses, pain and suffering, lost wages, or property damage. The attorneys of Gerson & Schwartz, PA are dedicated Florida personal injury attorneys who have the skill and tenacity required to help car accident victims recover for their injuries.
The injuries that people can sustain in an a car accident can range from minor cuts and bruises to serious injuries that could result in permanent disability. When these injuries are the result of someone else’s negligence, Florida law allows people to recover from the party or parties liable for their injuries. Some types of catastrophic car accident injuries that may occur include the following:
- Traumatic brain injury (TBI)
- Spinal injury
- Loss of limbs
- Internal injuries
- Head injuries
These are just some of the kinds of catastrophic injuries that can result from a car accident. People who are seriously injured in car accidents may be able to receive significant compensation, which is often necessary to ensure that their and their families’ medical and other needs are met. These kinds of injuries are often life altering for both victims and their families, and can significantly alter the direction of a person’s life.Florida Car Accident Lawsuits
Generally speaking, determining liability in a car accident case depends upon determining whose negligence caused the accident. Legal negligence occurs when a party fails to act in accordance with the standard of care that a reasonable person would have used, and that failure leads to some sort of injury to another. Some common ways in which a driver may be negligent and cause an accident include:
- Driving under the influence of alcohol
- Failure to yield
- Failure to signal a turn
- Not obeying traffic signals
- Failure to come to a complete stop
- Improper vehicle maintenance
- Failure to account for weather conditions
- Distracted driving
- Aggressive driving
- Following too closely
- Driving with a headlight out
- Driving with old tires
In some cases, several parties were negligent, and liability is apportioned among them based upon their relative fault. Florida is what is known as a comparative fault state, meaning that the percentage that a plaintiff is found to have contributed to the accident reduces his or her recovery by the same percentage. For example, if a plaintiff was found to be 10 percent negligent in causing an accident and the defendant 90 percent negligent, an award of $100,000 would be reduced by 10 percent to $90,000.
Determining liability in car accident cases is often a very fact-specific issue, and it can help to have the assistance of a skill personal injury attorney when dealing with insurance companies and other people involved in determining fault. An attorney may also able to help you avoid litigation and negotiate a settlement as quickly as possible. Sometimes, the mere involvement of an attorney can result in an otherwise non-responsive insurance company settling quickly and favorably.Catastrophic Car Accident Injury Claims and Compensation
It is important for anyone who has been involved in a car accident and sustained serious injury to contact an experienced Florida car accident attorney as soon as possible. Personal injury claims in Florida are subject to a strict statute of limitations, meaning that there is a limited amount of time in which an injured person may file a claim. In addition, any delay risks the loss or destruction of evidence favorable to your case as well as the fading of witnesses’ memories. Possible damages available in a motor vehicle accident case include compensation for medical expenses, pain and suffering, property damage, and lost wages, among others.