An auto accident may be one of the most devastating experiences that a victim endures. In addition to the pain and stress of dealing with injuries that may be serious and permanent, you may find yourself burdened with substantial costs. Knowing how to pursue the compensation that you need and navigating Florida’s judicial system can be complicated. At the Cardoso Law, PLLC, Pensacola car accident attorney Ryan M. Cardoso can assist people throughout Florida with holding a negligent driver responsible for their injuries, or with asserting their right to PIP benefits from an insurer. He can provide the diligent, personalized services that you deserve, and he will keep a clear line of communication to you at all times. Ryan also can assist people who need a motorcycle accident attorney or assistance with pursuing another type of personal injury claim.Bringing an Auto Accident Claim in Florida
Someone who is hurt in a serious car accident due to another driver’s carelessness can seek compensation through a personal injury lawsuit against the at-fault driver. To prevail, the plaintiff must show that the defendant had a duty to use reasonable care when operating his or her motor vehicle and that the defendant failed to act according to this duty.
Florida law requires each motorist to drive with the same level of care and skill that a reasonable motorist would use when faced with the same circumstances. Common examples of drivers breaching the duty of care include drunk driving, following too closely, driving too fast for weather or traffic conditions, and texting while driving. These are not behaviors that would generally be expected of a reasonable driver because they expose others to a foreseeable risk of harm. A violation of a traffic law, such as a posted speed limit or the requirement to yield in certain situations, may be useful evidence of negligence, although it does not establish conclusive proof. In cases involving drunk driving and violations of other state penal laws, by contrast, evidence of these behaviors does establish conclusive proof of negligence under the negligence per se doctrine.
Next, the plaintiff must establish a causal connection between the damages that he or she incurred and the defendant’s breach. After that, the plaintiff will need to submit evidence supporting the amount of monetary compensation that he or she is seeking in the litigation. Common forms of damages include medical bills, missed wages, loss of future earning capacity, property damage, pain and suffering, and projected long-term medical care costs, among other examples.Understanding Florida’s PIP Benefits System
In January 2013, the Florida legislature enacted a series of changes to the state’s Personal Injury Protection (PIP) law. This requires drivers to carry a PIP coverage policy of at least $10,000. Under the PIP system, a driver injured in an auto accident can receive medical benefits after the collision even if the policyholder was the driver who caused the accident. This is known as a “no-fault” system, since it is not based on proving liability. The changes impose stringent timelines, however, providing accident victims with only 14 days to obtain treatment.
The amount of benefits that the policyholder can receive depends on the severity of his or her injuries. This is another reason why it is critical to obtain medical treatment as soon as possible to document the nature and scope of your injuries, as well as initiating your insurance claim.Consult an Auto Accident Attorney in Pensacola or Beyond
If you or someone you love has been involved in a motor vehicle accident, you may be entitled to compensation. Pensacola car accident lawyer Ryan M. Cardoso has assisted numerous injured individuals with seeking medical treatment, gathering evidence, and bringing a claim to pursue appropriate compensation. He serves victims in Pensacola, West Pensacola, Cantonment, Brent, Bellview, Ferry Pass, Century, Gulf Breeze, Milton, Navarre, Jay, Crestview, Fort Walton Beach, Niceville, and other communities throughout Escambia, Santa Rosa, and Okaloosa Counties, as well as elsewhere in Florida. Call us at (850) 466-2073 or contact us online to schedule a free consultation. We are also available to help individuals who need an attorney to bring other types of tort claims.