Liability - Damage - Insurance - Three Issues in Every Car Accident Case
There are three basic issues in every Florida Car Accident case: Liability, Damage, and Insurance. It should be noted that that the handling of a car accident case or claims is full of twists, turns, and challenges. This is especially true because there is typically an insurance company or corporation on the other side taking every opportunity to question the case and delay the rightful, just, and fair resolution of the case on behalf of an injury victim. Based in Jacksonville, Florida, attorney David Wolf fully knows about these challenges as an attorney who has only represented injury victims for over 30 years. As an attorney, author and advocate, David Wolf fights to protect his clients by seeking full compensation for their personal injuries and related damages. David Wolf is the author of 12 books that focus on automobile accidents, personal injuries, and safety issues including the book titled - Florida Automobile Accidents - Personal Injuries - Keys to Protecting and Enforcing Your Legal Rights.
1 - Liability. It should be noted that an injury victim is not automatically entitled to compensation beyond the medical bills just because there is an automobile accident. There must be a showing of liability or fault for the accident or crash. Another common term used is negligence. Florida has adopted a comparative fault law system for automobile accident and other personal injury cases. As such, more than one driver can be held liable for the damages caused by the automobile accident. Even the victim himself or herself claiming damages may be partially at fault and still pursue a case or claim for compensation for the personal injuries. Some cases are quite clear with respect to liability or fault. For instance, most rear end accidents are quite clear as to who is at fault and who should be held legally responsible. Other cases can be more complicated when each driver claimed that he had the green light when proceeding through an intersection. Each case or claim must be evaluated on its own facts or merits to determine liability and the viability of moving forward with an insurance claim or legal case on behalf of the injury victim.
2. Damage. Damage is a broad term that can apply to a number of losses that result from a car accident: property damage (repairs, diminished value, and / or total loss of the vehicle, rental car charges, loss of wages, diminished earning capacity, medical bills, out of pocket medial bills, future medical bills, pain, suffering, loss of enjoyment of life, and mental anguish in the past and in the future. In most instances, there is not much of a dispute as to the repair bill; however, there is a bit of a debate over the value and fair compensation for the non-economic damages which include but are not limited to mental anguish and related damages. It should be noted that Florida requires that an injury victim have a permanent injury to qualify for certain types of compensation for these non-economic damages. As such, it does make a difference where an injury victim treats and how a medical provider assesses and documents the injuries.
3. Automobile/Liability Insurance. From a practical standpoint, insurance is very important as part of the claim or case for compensation to the injury victim. For instance, let's say that a drunk driver rear ends another vehicle. The driver of the other vehicle is rushed to the hospital and has multiple surgeries. The drunk driver is arrested and convicted of DUI. This sounds like a strong legal case. In fact, it is a strong legal case; however, it may be extremely difficult to collect compensation for the injury victim if the drunk driver did not have insurance and otherwise really has no assets to speak of. As such, from a practical standpoint, insurance is very important to the successful pursuit of an injury case or claim.
Contact car accident attorney David Wolf for a Free Consultation. Get a better understanding of your legal rights and what you can do to be fairly compensated for your personal injuries. Get D Wolf On Your Side - At Your Side.