Navigating car accident claims can be overwhelming. While PIP insurance helps cover some of the financial burdens, this coverage is limited. If PIP doesn’t cover all the costs, you have the option to seek compensation from the at-fault drivers’ insurance company.
Insurance companies will strive to limit your settlement, so you need a skilled Palm Bay car accident lawyer to help you win compensation. Let us look at the most important challenges a lawyer can overcome.
1. Proving Fault
Florida is a no-fault state for car accident claims, meaning the first step in seeking compensation is to file a PIP claim. However, you can file a claim against the driver at fault if your damages exceed the limits of PIP coverage.
In this situation, proving fault becomes critical. Thus, if you want to file an accident claim, you must prove:
- The other driver owed you a duty of care. All drivers must follow traffic laws and drive carefully.
- The driver was negligent and caused the accident.
- You were injured in the accident.
- The injuries resulted in economic damages.
A Palm Bay car accident lawyer has the experience and know-how to build a solid case.
Your lawyer will also be your advocate if the insurance company tries to deny your claim or reduce your settlement by unfairly shifting blame onto you. The state of Florida adopted a modified comparative negligence rule, meaning you can only win compensation if you are less than 50% at fault.
2. Finding Necessary Evidence
Not all car accident victims are able or remember to document the crash scene by taking photos and videos. Or, these images turn out to be blurry or inconclusive. The police report is not always helpful in determining which of the drivers is responsible for causing the accident.
At this point, an experienced attorney will start looking for other sources of evidence. They may be:
- CCTV or traffic camera footage
- The other driver’s mobile phone log proving they were texting and driving
- The driver’s record of traffic violations related to reckless driving
- Forensic evidence provided by accident reconstruction experts.
3. Evaluating Your Damages
One of the new challenges you face under the new rule is evaluating your damages. So far, you knew you could recover only up to the limit of your PIP coverage. Now, you can get compensation for all eligible damages:
- Medical care costs – present and future
- Property damage
- Lost wages
- Loss of earning capacity
- Nursing or life care costs
- Pain and suffering.
Making a correct evaluation, especially for future costs and non-economic damages, is extremely difficult for the average person. A skilled Palm Bay car accident attorney knows how to make correct and fair estimates.
This is extremely important because you only have one chance to file a claim and recover damages.
4. Negotiating with the Insurance Company
Car accident claim negotiations are extremely difficult when you file your claim with the other driver’s insurance company. The insurance adjuster will do everything they can to deny your claim or at least reduce the value of the settlement.
Lawyers know how insurance adjusters think and what tactics they use. This is why people with attorneys get around three times more money than those who negotiate on their own.
Talk to an Experienced Palm Bay Car Accident Lawyer!
Getting compensation after a car accident has become more difficult than ever. However, you can be certain that you will get a fair settlement if you let an experienced Palm Bay car accident lawyer prepare your claim and negotiate with the insurance company.
We represent clients on a contingency fee basis, meaning you pay no fees until we win your case. As a new client, you benefit from a free case review, so call us today at 954-448-7355!
