Pensacola Car Accident Lawyer

If you or a loved one has been hurt in a Florida car accident, you know the impact it can have on your life. Major medical expenses can add up fast, and you may be unable to work. If you have sustained a serious injury, you will have a long road to recovery.

No one can turn back time to before the accident occurred, but a Pensacola car accident lawyer can do the next best thing. We can fight for the compensation you deserve so you can get the care you need.

At Fasig | Brooks Law Offices, our team of Pensacola personal injury lawyers has over 130 years of combined experience. Contact us today for a free consultation. We can help you come back stronger.

Should You Take a Settlement After a Car Accident?

In most cases, it isn’t wise to take a settlement offered by an insurance company. It is tempting when you’ve watched your medical bills mount while your income has dropped. However, you should speak to a Pensacola car accident lawyer before making a decision.

Upon concluding their investigation into your accident, an insurance company may present a one-time settlement offer. Accepting means you agree to waive your rights to any future legal action relating to this crash.

Unfortunately, it isn’t in their best interest to offer what your claim is truly worth. You need an lawyer if you have been hurt in a car crash. A Pensacola car accident attorney can look into your case and come up with a fair settlement number, then negotiate on your behalf.

Determining Fault in a Car Accident Case

After a car accident, one of the first steps that your attorney will address involves determining the at-fault driver and their liability. Who caused the accident, and therefore, whose insurance policy will need to cover damages for the car accident victims?

In some instances, this may be a straightforward question that requires no real investigation or debate. For example, the at-fault driver may outright admit their mistake or be arrested for a criminal violation at the accident scene.

Unfortunately, this is not always the case, and it can get complicated. Florida’s modified comparative fault system permits a victim to accept partial fault for an accident, provided they are no more than 50% at fault, while still retaining the right to pursue reduced compensation through a personal injury claim.

How a Pensacola Personal Injury Lawyer Can Help

Our personal injury attorneys in Pensacola can provide a wide range of services to help with your case. At Fasig | Brooks, we are relationship-focused. We’re here for you, not just as lawyers, but on a personal level.

We hope we can make a difference in your life when you need us the most. While every situation is different, here are a few things you might expect from us.

Legal Advice

A car accident attorney in Pensacola can help you understand what to do after an accident. When we sit down for your initial consultation, we’ll have a lot of questions. We want to fully understand what happened so we can give you the best advice we can.

Investigate the Accident

If you decide to retain our legal services, our team will investigate the circumstances of your accident and determine who was at fault. We’ll review police reports, gather evidence, and speak with witnesses if necessary.

Work Toward Maximum Compensation

Our investigation should give us a good idea of who was at fault for your accident, and we will develop a strategy to get you maximum compensation. Your medical expenses and lost wages can play a large part in this amount, but so might your pain and suffering and loss of enjoyment of life.

Handle the Paperwork

We’ll handle claims and all the necessary paperwork to ensure you stay on track and meet all deadlines. You have enough to worry about with your recovery.

Negotiate with Insurance Companies

In most cases, you should not try to negotiate your own personal injury settlement. We’ll meet the insurance companies at the negotiating table and fight for a settlement that works for you. If all goes well, this will be all it takes to get the compensation you deserve.

Represent You in Court

We prefer to settle your case without drama, and it would be best for everyone if we could agree at the negotiating table. If need be, and if you are agreeable, we will represent you in a civil suit and let a court decide your award.

Bring You Peace of Mind

All of the tasks listed above are important when it comes to getting you a fair settlement. However, the most significant benefit of hiring a Pensacola car accident lawyer is peace of mind. With our experienced legal team by your side, you won’t have to go it alone.

Important Evidence and Documents

We will conduct a thorough investigation into your case and gather as much information as we can. You can help by providing any pertinent evidence that helps illustrate your case.

That might include:

• Accident details: The more you can remember about the accident, the more we have to work with. Take notes on every detail you can recall, such as the date, time, weather conditions, and anything else you feel is relevant.
• Photos: If possible, take photos of the accident scene and your damaged vehicle. These may prove valuable later when you file your claim.
• Medical records: Copies of your medical records will show the extent of your injuries and serve as proof. They may also help with any future medical needs you require.
• Witness statements: If you can, and if it is safe to do so, talk to anyone who witnessed the accident and get their names. They may be willing to provide a statement to help your case.
• Police report: A copy of the police report will show the events of the accident, as understood by the officer arriving on the scene, and any conversations they had with those involved.
• Insurance information: Your own, of course, but also information for the other party, if you have it. We’ll also want to know about any interactions you’ve had with their insurance company.
• Lost income documentation: Pay stubs and other documents from your place of employment can serve as evidence of lost income due to your injury.
• Property damage estimates: Car repair estimates and invoices and the cost of any other property lost in the accident.

How to Calculate Damages After a Car Crash

Once the matter of fault is established, your Pensacola car accident attorney will identify, categorize, and quantify the many different damages that you have suffered. This  may include but is not limited to:

• Medical expenses: Emergency room visits, doctor visits, physical therapy, medication, and anything else related to your injury and medical care.
• Future medical care needs: Based on your outlook and prognosis. You may require extensive therapy or treatments or long-term medications.
• Lost wages: The income you missed out on because you were unable to work due to your injury.
• Future employment outlook: The costs of losing your job due to the injury or retraining so you can perform your job with a disability.
• Pain and suffering: In some cases, pain and suffering may factor into your awards. It is important to speak with a car accident attorney in Pensacola to understand if this applies to your case.
• Property damage: Damage to your car and personal belongings.
• Loss of enjoyment of life: In certain circumstances where an injury has significantly altered your lifestyle, this may be included in your compensation.

Accident claims adjusters are also performing this investigation, but they are working on behalf of the insurance company and looking for any way to reduce your compensation.

Type of Damages in a Car Accident Case

In car accident cases, as well as other personal injury cases, there are two categories of potential damages: compensatory and punitive. There are two different types of compensatory damages: economic damages and non-economic damages.

Economic Damages

Economic damages are those that have measurable dollar values. They include the financial losses you’ve suffered due to your motor vehicle accident. That may be medical expenses, loss of income, vehicle damage, and more.

Countless other damages often come with a lower price tag but should not be overlooked. This may include the costs of services or products that you need because of your injuries, such as house cleaning, grocery shopping services, prescriptions, and supportive devices like crutches or handicap ramps.

One of the benefits of working with a car accident lawyer in Pensacola is that they ensure all of your economic costs are included in your financial compensation package.

Non-Economic Damages

Non-economic damages are more complicated than economic damages as they seek financial compensation for things that do not have set dollar values. These can include pain and suffering, as well as a range of other emotional, physiological, and psychological injuries.

Florida, like many other states, does not impose a damage cap on non-economic damages against reckless or negligent drivers. However, there are exceptions, and it is important to speak with your Pensacola car accident lawyer to understand the law.

Punitive Damages

Punitive damages are meant to punish the responsible party and deter similar behaviors in the future. They are awarded to victims in certain instances when the at-fault party engaged in particularly reckless or egregious behavior that led to the accident.

Florida statutes limit the availability of punitive damages. In most cases, a plaintiff may not include a claim for these damages until substantial evidence has been submitted to the jury to support such an award.

Common Causes of Pensacola Car Accidents

Car accidents occur in almost limitless varieties. The following are just a few of the many ways that reckless or negligent drivers can cause an accident that injures or kills others on the road.

Distracted Driving

We commonly associate distracted driving with motorists who use their phones while driving, but many other distractions can cause a crash.

Some other types of distracted driving include eating while driving, applying makeup, changing clothes, or reading. These types of car accidents can cause serious and fatal injuries.

Drunk Driving

When an adult (21+) driver has a blood alcohol concentration in excess of 0.08% (or 0.04% for CDL drivers operating commercial vehicles), they violate federal law and are guilty of driving while intoxicated.

Likewise, if they have consumed any other mind-altering substances, including marijuana, prescription pills, or other scheduled substances, they are guilty of DUI/DWI.

Drunk driving accidents can result in catastrophic injuries. If you suspect that the other driver is intoxicated, be sure to tell the 911 operator when you call in to report your Pensacola car accident.

Speeding

The speed limit may be set by the state of Florida or the local agency that has jurisdiction over the road in question. These limits are imposed to ensure that a driver is able to maintain control over their vehicle.

In accidents involving high speed and reckless driving, there is an increased likelihood of serious or fatal injuries.

Aggressive Driving

AAA defines aggressive driving as “Any unsafe driving behavior, performed deliberately and with ill intention or disregard for safety, can constitute aggressive driving.” This includes tailgating, speeding in traffic, cutting in and out of lanes, “brake checking,” and a range of other behaviors.

Aggressive driving can lead to serious accidents, and your Pensacola car accident attorney will fight to get the compensation you deserve for this dangerous behavior.

Failure To Signal

Each time a driver turns through an intersection or changes lanes without using their turn signals, they increase the risk of a car accident by not giving other drivers an adequate warning of their intentions.

If your car accident resulted from a failure to signal, your personal injury attorney will use various tools to establish this fact. They will work diligently to recover maximum compensation for your injuries and damages.

Failure to Yield

Stop signs, red lights, and yield signs all signal the right of way for the road system, and when everyone obeys them, the intersection or merge works as planned. However, failing to yield to the right-of-way traffic can lead to permanent injuries from avoidable car accidents.

If you suffered a severe injury in a Florida car accident caused by this type of negligence, the attorneys at our law firm are here to help. They will work to secure the compensation you deserve for the other driver’s behavior.

Bad Weather

While snow and ice are rare in Florida, heavy rain, high winds, and hail can make driving treacherous. Drivers who speed or operate their vehicles recklessly may be liable if they cause an accident.

Severe injuries occur when drivers don’t account for poor weather conditions. If you have been in an accident due to a careless driver in bad weather, contact a personal injury law firm and discuss your options.

Mechanical Defects

In some cases, the driver of the car that hit you may be a victim themselves. Defective vehicle parts such as tires and brakes can cause vehicles to go out of control and lead to dangerous accidents.

In these cases, the at-fault party may be the parts manufacturer or the mechanic who installed the parts or worked on the car.

Is it Worth Getting a Lawyer for a Minor Car Accident?

After a car accident in Pensacola, it might feel like more effort than it is worth to hire an attorney for your injury claim. This is just what the insurance company would like you to believe.

The best way to determine whether or not you will benefit from the help of an attorney if you are injured in a car accident is to speak directly with a lawyer during an initial consultation.

An experienced attorney can help you understand the legal process and make smart choices that will preserve your claim. They can help you avoid many of the common mistakes made by car accident victims.

Common Car Accident Injuries in Pensacola

It is important to get medical attention as soon as possible after an accident, even if you think you have only a minor injury. You may feel fine due to shock or adrenaline, but some injuries can have delayed symptoms.

Head injuries, in particular, may take time to reveal their full impact on your health. A doctor can evaluate you for concussion symptoms and determine your best course of care. If paramedics advise you to go to the ER after a car accident, you should comply.

Some common injuries we see in car accidents include:

• Spinal cord injury
• Traumatic brain injury
• Neck injury
• Bone fractures
• Bruising
• Lacerations
• Emotional distress

It is worth stressing that you should see a doctor and get checked out even if you don’t suspect you have a serious injury.

What Is a Reasonable Settlement for a Car Accident?

Many variables go into determining a fair settlement amount, and the amount you may receive is highly dependent on your situation. A car accident attorney in Pensacola can advise you on the amount you can expect.

Your medical care expenses and lost wages play a significant role in these calculations, as do insurance policies. However, there are many damages that you may not realize you are entitled to after an automobile accident.

Each injury you have suffered has a unique impact on your life, and each of these impacts must be investigated to ensure that you are not shouldering the financial burden for someone else’s actions.

What Is the Statute of Limitations for Car Accidents in Florida?

The Florida statute of limitations for personal injury is two years from the date of the accident, after which you will be unable to take legal action. There are instances where an extension may be granted, such as when a victim is a minor at the time of the accident.

It is important to speak to a Pensacola car accident lawyer so you fully understand your rights and the Florida statute of limitations. A skilled attorney can also help ensure you don’t miss important deadlines.

How Does a Car Accident Claim Work?

If you have been injured in a car accident, you will need to file a claim to recover compensation for your expenses and damages. If another driver caused the crash, you would file the car accident claim with that driver’s insurance company.

An insurance adjuster will investigate the accident for the insurance company. At this point, the insurance company may offer a settlement. However, it is smart to discuss your case with an experienced car accident attorney before agreeing to anything.

In fact, contacting a Pensacola auto accident attorney before you file a claim is one way to give yourself an advantage. From the beginning, we will work toward getting you the money you rightfully deserve and not what the insurance company hopes to pay.

Do You Have to Go to Court After a Car Accident?

No. Most personal injury cases are settled out of court, which is usually best for all parties involved. If you are the victim of a car accident, the last thing you need is a stressful trial.

Our goal is to negotiate a fair settlement that will help you get back on your feet. We’ll handle the meetings with the insurance company and their lawyers so you can focus on your recovery.

However, if negotiations break down, you have the option to file a car accident lawsuit in civil court. We can represent you there as well and fight for an award that can help you recover.

Reach Out to a Pensacola Car Accident Lawyer

We understand that the period following an auto accident can be overwhelming. You are doing your best to focus on your recovery while juggling the many responsibilities that don’t simply go away because you are hurt.

We can take on your car accident claim while you focus on your personal needs and your health. Our Pensacola car accident lawyers have years of experience fighting for fair settlements, and we are ready to support you now.

Contact our lawyers at Fasig | Brooks to schedule your free consultation and case evaluation. We are ready to help.