A recent collision with another motorist in Miramar Beach left you with debilitating injuries. Now, you find yourself in the hospital trying to come to terms with your new normal, which includes surgical procedures, doctors’ visits, physical therapy, and more medical treatments. You’re unsure if or when you can return to work.
At Fasig | Brooks, we know how important it is for you to get the care you need. We know that this is critical to ensuring you come back stronger than before the auto accident that caused your catastrophic injuries. Securing financial compensation is necessary for you to get the care you need.
Whether you’ve suffered a permanent disability or your condition is recoverable, our Miramar Beach personal injury lawyers can help. Contact us today for a free consultation and learn how our Miramar Beach car accident lawyers can protect your rights and maximize your claim.
How Can a Car Accident Lawyer Help?
After a serious car accident, one of the most important steps you can take is to seek the guidance of an experienced car accident attorney. At Fasig | Brooks, our lawyers understand the challenging nature of these cases and will work to maximize the compensation you receive.
Our car accident attorneys in Miramar Beach will conduct a comprehensive investigation into the circumstances surrounding your accident. This may involve:
- Examining the Accident Scene: Our investigators will visit the site of the accident and analyze the surroundings, road conditions, traffic patterns, and other factors that may have contributed to the crash.
- Reviewing Police Reports and Witness Statements: We will obtain and carefully review all official accident reports, statements from witnesses, and any other relevant documentation to gain a better understanding of the events leading up to the accident.
- Analyzing Vehicle Damage and Accident Reconstruction Data: Our team will work closely with accident reconstruction experts to analyze the physical evidence, such as skid marks, vehicle damage, and debris patterns, to determine the sequence of events and establish fault.
- Consulting With Expert Witnesses: Depending on the specifics of your case, we may consult with various expert witnesses, including medical professionals, engineers, or other subject matter experts, to strengthen our understanding of the cause of the accident and the extent of your injuries.
By thoroughly investigating your case, we can establish liability and build a strong foundation for your claim. This comprehensive approach allows us to effectively counter any arguments or defenses presented by the other parties involved or their insurance companies.
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Protecting Your Rights
In addition to conducting a thorough investigation, our Miramar Beach car accident lawyers will work tirelessly to protect your rights and ensure that you receive fair treatment throughout the legal process. This includes:
- Preventing Harmful Statements: We will advise you on how to avoid making any statements that could potentially be used against you or compromise your case.
- Dealing with Insurance Companies: Insurance companies often employ tactics to minimize payouts or deny claims altogether. Our experienced personal injury attorneys will handle all communication and negotiations with the insurance companies on your behalf, safeguarding your interests and preventing you from being taken advantage of.
- Gathering Evidence and Building a Strong Case: We will gather and meticulously organize all relevant evidence, including medical records, expert witness testimony, and other documentation, to build a strong and compelling case that supports your compensation claim.
- Negotiating or Litigating for Maximum Compensation: Our goal is to secure the maximum compensation you are entitled to, whether through skilled negotiation or, if necessary, by taking your case to trial and presenting a persuasive argument before a judge and jury.
By thoroughly investigating your case, establishing liability, and protecting your rights, we can increase your chances of obtaining the compensation you deserve for your injuries, lost wages, pain and suffering, and other damages resulting from the car accident.
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Shouldn’t I Just Accept the Insurance Company’s Settlement Offer?
Insurance companies often try to settle claims quickly by offering what may seem like a substantial settlement. However, these initial offers rarely account for the full extent of your damages, including future medical costs and long-term consequences.
It’s important to understand that insurance companies are primarily focused on protecting their financial interests, not yours.
Thoroughly Reviewing Settlement Offers
Our experienced Miramar Beach car accident attorneys will thoroughly review any settlement offer to ensure it is fair and adequate. We know the tactics insurance companies employ to minimize payouts, and we will meticulously evaluate the offer in the context of your specific situation, taking into account:
- The severity of your injuries and the likelihood of future medical treatment
- The potential for ongoing rehabilitation or long-term care
- Lost wages and diminished earning capacity, both present and future
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Other damages, such as property damage or loss of consortium
- Long-term implications
After carefully assessing the settlement offer, we will advise you on the potential long-term implications of accepting it. Our goal is to ensure that any settlement you receive is sufficient to cover not only your immediate needs but also any future expenses or losses you may incur due to the accident.
We understand that the decision to accept or reject a settlement offer can have far-reaching consequences, and we will provide you with clear, unbiased guidance to help you make an informed choice that aligns with your best interests.
Aggressive Negotiation or Litigation
If the initial settlement offer is insufficient or fails to adequately compensate you for your damages, we will aggressively negotiate with the insurance company for a higher settlement that accurately reflects your losses.
Our attorneys are skilled negotiators and will leverage evidence and expert testimony supporting your case to secure a fair and just settlement. However, if a fair settlement cannot be reached through negotiation, we are prepared to take your case to trial and fight for the compensation you deserve.
Throughout this process, we will keep you informed every step of the way, ensuring that you understand your options and are empowered to make decisions that align with your best interests.
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How Is Liability Determined in a Florida Car Accident Claim?
How is fault determined after a car accident in Florida? Fault and liability are based on the principle of negligence. To establish liability, it must be proven that the other party involved in the accident failed to exercise reasonable care, resulting in the accident and subsequent injuries or damages.
A skilled attorney will conduct a thorough investigation to gather and analyze all relevant evidence, including:
- Police reports and witness statements
- Accident scene evidence, such as skid marks, debris patterns, and vehicle damage
- Surveillance or dashcam footage, if available
- Expert analysis from accident reconstruction specialists
Proving Negligence
To prove negligence, we must demonstrate that the other party breached their duty of care by failing to act as a reasonable and prudent person would under similar circumstances. This breach of duty must be directly linked to the accident and your resulting injuries or damages.
Common examples of negligent behavior in car accidents include:
- Distracted driving (texting, eating, etc.)
- Drunk driving
- Aggressive driving
- Speeding or reckless driving
- Disobeying traffic signals
- Failure to yield the right-of-way
Modified Comparative Negligence
Florida follows the doctrine of modified comparative negligence, which means that you can recover compensation from the other party as long as your degree of fault is less than 50%. If you are found to be 50% or more at fault for the accident, you cannot recover any damages from the other party.
For example, if you are found to be 20% responsible for the accident, and the other party is 80% at fault, you can still recover 80% of your total damages from the other party. However, if you are found to be 60% at fault, you cannot recover any compensation from the parties responsible.
Our auto accident injury attorneys will work diligently to minimize any potential allegations of comparative negligence against you, ensuring that you can recover the maximum compensation possible for your injuries and losses.
Vicarious Liability
In certain cases, liability may extend beyond the negligent driver to include other parties, such as employers or vehicle owners, under the principle of vicarious liability. This can occur when the driver was operating a vehicle owned by their employer or another party at the time of the accident.
Our legal team will thoroughly investigate all potential sources of liability to ensure that all responsible parties are held accountable for their actions or negligence.
By conducting a comprehensive investigation and carefully analyzing the evidence, our auto accident lawyers in Miramar Beach can effectively establish liability and build a strong case on your behalf. We will navigate the complexities of Florida’s liability laws and fight tirelessly to secure the compensation you deserve for your injuries and losses.
Understanding Florida’s No-Fault Law
In Florida, motorists are required to carry personal injury protection (PIP) coverage in their insurance policy, a key component of the state’s “no-fault” car insurance system. What is PIP Coverage? PIP coverage is designed to provide you with a safety net in the event of an accident, regardless of who is at fault.
Florida’s insurance requirements mandate that all drivers carry a minimum of $10,000 in PIP coverage. This coverage aims to ensure that you can secure compensation for financial losses related to the accident, such as medical expenses and lost wages, up to the specified limit, by filing a claim with your own insurance provider.
When you file a claim against your PIP coverage, you are exercising your rights under Florida’s no-fault insurance system. This system allows you to seek benefits from your insurer without the need to establish fault, streamlining the process and providing you with access to immediate financial assistance.
Serious Injury Threshold
However, it’s important to note that if your losses exceed the $10,000 PIP coverage limit, fault determinations become crucial. In cases where you have suffered extensive injuries and significant damages, our experienced car accident lawyers will conduct a thorough investigation to identify the at-fault parties.
Fault comes into play when it becomes necessary to take legal action and sue for the damages you have sustained beyond the serious injury threshold of $10,000.
We have the option to sue the insurance companies and liable parties to help ensure that you receive the full compensation you deserve for your losses, including medical expenses, lost wages, pain and suffering, and any other applicable damages.
Common Types of Damages You Can Receive After a Car Accident
After a car accident, our experienced attorneys will work to determine fault and negotiate the final breakdown of personal injury comparative fault. Once these crucial steps are completed, we will turn our attention to carefully calculating the total damages you have suffered as a result of the car crash.
It’s important to understand that this process is often more complex than it may initially seem, as there are two distinct types of compensatory damages: economic damages and non-economic damages.
Economic Damages
Economic damages are the tangible financial losses resulting from your accident, which can be measured and quantified with relative ease. Some examples of economic damages that you may be entitled to claim include:
- Medical Expenses: This category includes the medical costs associated with emergency services, transportation from the accident scene, emergency room treatment, surgery, physical therapy, and any other necessary medical care or rehabilitation, particularly if you suffered severe injuries such as a traumatic brain injury or spinal cord injury.
- Lost Wages and Future Lost Earnings: Our skilled accident claim lawyers will meticulously calculate the income you have lost due to time off work as a result of your injuries, as well as any potential diminished earning capacity or future lost earnings you may experience.
- Property Damage: If your vehicle was damaged or totaled in the accident, you may be entitled to compensation for the cost of collision repairs or replacement.
Non-Economic Damages
Unlike economic damages, non-economic damages are often more challenging to quantify, as they involve intangible impacts and losses that cannot be easily measured in monetary terms.
However, our experienced attorneys understand the importance of accurately valuing these damages to ensure you receive adequate compensation. Examples of non-economic damages include:
- Pain and Suffering: This encompasses the physical pain, discomfort, and emotional distress you have endured as a result of your injuries.
- Diminished Quality of Life: If your injuries have significantly impacted your ability to engage in activities you once enjoyed or have otherwise diminished your overall quality of life, you may be entitled to compensation for these losses.
- Disability or Disfigurement: In cases where you have suffered severe injuries resulting in permanent disability or disfigurement, you may be eligible for additional compensation.
- Mental Anguish: Particularly traumatic accidents can have a significant psychological impact, and you may be entitled to compensation for any mental anguish or emotional distress you have experienced.
Involving our skilled car accident lawyers in Miramar Beach can be beneficial, as we have the resources necessary to accurately assess the severity of your injuries and calculate appropriate compensation for both non-economic and economic losses.
Our team knows the importance of valuing the entirety of accident damages, and we will work tirelessly to ensure you receive the full and fair compensation you deserve.
Other Damages
The above economic and non-economic damages may be all you can secure from an insurance adjuster through negotiation if a crash injured you. However, if your case goes to trial and a jury decides in your favor, they may have the at-fault party pay you punitive damages.
If the crash was fatal, families may be eligible to file wrongful death claims to recover death benefits like funeral costs, burial expenses, loss of companionship, and mental anguish.
Accident victims and their families can count on us to do what it takes to secure maximum compensation for you in your insurance claim or personal injury lawsuit, whether you suffered a permanent injury or lost a loved one.
Calculating Compensation for Pain and Suffering in Car Accidents With Serious Injuries
Calculating pain and suffering damages in a car accident claim can be a complex and nuanced process, as these types of non-economic damages are inherently subjective and challenging to quantify.
However, our car accident attorneys in Miramar Beach understand the importance of accurately valuing these damages to ensure you receive fair and comprehensive compensation.
There is no single, universal formula for calculating pain and suffering damages, as each case is unique and must be evaluated based on its specific circumstances. However, there are several factors that our legal team will consider when determining an appropriate amount for these damages:
- Severity of Injuries: The more severe and debilitating your injuries are, the higher the potential pain and suffering damages. Injuries that result in permanent disability, disfigurement, or long-term impairment will generally warrant higher compensation.
- Duration of Recovery: Injuries that require extensive medical treatment, multiple surgeries, or prolonged rehabilitation periods will typically result in higher pain and suffering damages, as the recovery process is often physically and emotionally taxing.
- Impact on Daily Life: If your injuries have significantly impacted your ability to perform daily activities, enjoy hobbies or recreational pursuits, or maintain relationships with loved ones, these factors will be taken into account when calculating pain and suffering damages.
- Emotional Distress: Traumatic accidents can have a profound psychological impact, resulting in conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD). The severity and duration of any emotional distress or mental anguish you have experienced will be considered.
- Expert Testimony: In some cases, our attorneys may consult with medical experts, life care planners, or other professionals to provide expert testimony regarding the long-term effects of your injuries and the associated pain and suffering.
While there is no set formula, our legal team will carefully review all available evidence, including medical records, expert testimony, and your personal account of the physical and emotional impacts of the accident.
We will then apply established legal principles and precedents to determine an appropriate and justifiable amount for your pain and suffering damages.
It’s important to note that insurance companies often attempt to minimize or downplay these types of compensatory damages. That’s why it’s crucial to have an experienced attorney advocating on your behalf, ensuring that your pain and suffering are accurately valued and that you receive the full and fair compensation you deserve.
Is it Worth Getting a Lawyer for a Minor Accident?
The word “minor” is difficult to quantify, especially without taking a close look at the overall situation. Often, many people are led to believe that their accident is “minor” by the negligent party’s insurance company, often because the insurer is hoping to settle the claim for as little as possible. This may not actually be the case, though.
In most cases, if you only suffered minor injuries such as superficial scratches, it may not be necessary to work with an attorney. However, the best way to determine whether or not it is worth hiring a lawyer (and whether or not your accident was actually “minor”) is to schedule a free consultation with our law firm to discuss the details of your accident.
We will be able to understand things like the injuries you have sustained, the impacts that the crash has caused on your life, the events that led up to the accident, and more. From there, we will be able to determine whether or not your accident is, in fact, minor and whether or not it would be worth it to work with an attorney.
What Is the Cost of a Miramar Beach Car Accident Lawyer?
Our firm operates on a contingency fee basis. This means you won’t pay anything upfront, and the lawyer’s fees are only collected if we win your case. The fee is usually a percentage of the compensation you receive.
During a free consultation, one of our experienced attorneys can discuss the specifics of your case and answer your questions about legal fees. This way, you can make an informed decision about moving forward.
Remember, an experienced lawyer is here to provide sound legal advice and fight for your rights to pursue the maximum compensation available.
Contact a Miramar Beach Car Accident Law Firm for a Free Consultation
At Fasig | Brooks, we know how confusing the aftermath of motor vehicle accidents can be. This is why we offer free initial consultations so you can discuss your case with a legal representative and better understand how we can work together.
Making fault determinations necessary to file a personal injury claim with an insurance company can be difficult when trying to focus on your recovery and its impact on your employment. However, even a brief conversation with one of our experienced attorneys can make a difference in your ability to secure a fair settlement.
Contact us today to set up a free legal consultation to discuss your rights and learn more about your legal options. Let us help you make the best decisions for you to move forward.
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