If you’ve been in a car accident here in Fort Lauderdale, FL, you likely have medical bills and other financial losses that are starting to pile up. One way to get reimbursed for your losses is by bringing an accident claim: but how do you know if you have a valid claim?
Talk to a Fort Lauderdale, FL Accident Lawyer
The best way to find out if you have a valid claim is to talk to a lawyer as soon as possible. A qualified and experienced car accident attorney will offer a free consultation on your case where you can find out whether it’s worth bringing, and an accident attorney works on a contingency basis and doesn’t get paid unless you win.
What’s Needed to Prove a Claim:
To have a valid claim, you have to be able to show that someone else is liable for your losses and damages. For them to be liable, they have to have been negligent. Negligence, legally speaking, is when someone does not behave as a reasonable person would have in that same situation to protect themselves and others.
Proving this requires that you show four elements. First, that someone had a duty of care towards you, and, second, that they breached this duty. Third, that the breach in the duty of care specifically caused an accident that caused you loss, and fourth, precisely what those losses are.
Proving Duty of Care
Every driver is expected to follow all the rules of the road, to adapt their driving as necessary to the conditions, and to never drive impaired or distracted. If someone gets behind the wheel of a car, all these duties are assumed.
Proving the Breach
You must prove that the other driver failed to act as a reasonable person would in the situation. This means you’ll need to prove they were speeding, texting, violating a traffic law, or otherwise breached their duty of care. You’ll need evidence that shows this breach, and your lawyer can help you find it.
Proving the Connection
It’s not enough that the other driver was speeding, for example. You have to be able to show that “but for” that speeding, the accident would never have happened or would have at least been substantially less serious. Florida allows you to collect compensation if you are less than 50% responsible for the accident. Anyone 50% or more responsible is barred from collecting. If you’re less than 50% responsible, your compensation will usually be reduced by the same percentage as your fault.
Proving Your Losses
Finally, you’ll need to show exactly what your losses were and connect them to this accident. Medical bills are typical proof here, but there will be other things, as well. An experienced lawyer knows what you’ll need and can help you get it all.
For help with your accident case, reach out today to G. Reynolds Legal, PLLC in Pompano Beach, FL for help in Fort Lauderdale and the surrounding areas.
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