Getting into a car accident is a traumatic experience for everyone involved, but when you are the victim of an accident that someone else caused, it can be even more emotionally taxing than if you caused it yourself. At the same time that you will be trying to recover from your injuries – both emotional and physical – you will need to wade through the complicated process of an insurance claim, and will have to stay vigilant and aggressive to ensure that you get the money you deserve, and not just the money that the insurance company wants to pay. A St. Augustine personal injury lawyer knows that trying to focus on your personal needs while going up against the insurance company can be overwhelming, which is why Fasig | Brooks is proud to help St. Augustine car accident victims fight for fair compensation.
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When you work with an attorney, you can be confident that there is a dedicated, aggressive, and experienced legal professional representing your interests so that you can prioritize your rest and recovery without this additional burden of administrative frustrations. Our history of cases is a great indication of the level of care and support that you will get from our team, and our award-winning attorneys have the case records that you need to feel confident with your decision to work with us.
Contact Us Now For a Free Initial Consultation
We offer a free initial consultation for car accident victims so that we can discuss the situation in great detail and get a better idea of how we can work together to get you the compensation you deserve. We understand that the early days and weeks after an accident can be overwhelming, especially if you have suffered injuries that are keeping you from work and racking up costly medical bills. We want you to know that once you are working with us, we will be fighting tirelessly to get you the financial support you are entitled to – someone else caused your accident, and you should not be on the hook for the impacts that their actions caused.
Read more below to get a general idea of some key issues related to car accidents in St. Augustine, and contact us as soon as possible so that we can have an in-depth conversation about your circumstances. We are happy to answer questions that you may have, and put your anxieties to rest knowing that there is a law firm that will fight for what you deserve.
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Determining Fault and Liability After a St. Augustine Car Accident
One of the first administrative steps after a car accident is determining who actually caused the accident, which will then determine who is liable to pay for the damages. In a perfect world, the driver who caused the accident would be completely forthcoming about this fact, admit that they are at fault, and everyone can move forward with the insurance claim. Unfortunately, this is not always the case.
Ways of Determining Fault
As we mentioned, the responsible driver admitting fault makes this entire process very simple. However, if they either do not do this or if it is not entirely clear immediately, then there are a variety of other ways that we can ultimately reach an agreement.
Police Report
When you call 911 after your accident, the St. Augustine PD will be alerted and an officer will be dispatched to the scene. While there, they will gather information, take statements, and ultimately make a statement about who they believe is at fault. At the same time, they may issue citations for traffic violations that led to the accident, and in some cases may arrest drivers for things like DUI or other illegal activities related to the accident.
Eyewitness Statements
Make sure that you get the contact information of any eyewitnesses possible because they will be able to provide a third-party perspective of the accident and may even notice things that you did not, such as if the driver was using their phone, speeding, or engaging in other behavior that may have led to the crash. This can be exceptionally helpful if the eyewitness saw the driver before you did because it lengthens the timeline leading up to the crash and provides even more context.
Surveillance or Traffic Cameras
Traffic cameras can provide a clear indication of how the accident happened and will allow investigators to watch it repeatedly in order to determine exactly what happened. If your accident took place near any businesses, you may be able to approach them and ask if they have surveillance cameras that could have captured the accident, as well, which could also provide you with a lot of support for your case.
Assigning Liability After an Accident
Alongside fault comes liability, which shows who must actually pay for the damages. In order to determine levels of liability for all who are involved in an accident, Florida uses a rule known as “pure comparative negligence,” which assigns a percentage of fault to everyone involved, and then reduces the victim’s final settlement according to the amount of fault that they are responsible for, if at all.
Pure comparative negligence is an extremely useful tool, especially because without it, a victim who is even 1% negligent in the accident may not be eligible for any compensation at all. However, it is important that we fight to ensure that you do not accept ANY additional liability, as the insurance company will attempt to pin additional blame on you in order to save more money on their final settlement amount.
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Calculating Damages After a St. Augustine Car Accident
At the same time that you are working to determine fault and liability, the question of damages is arguably the most important, and the most time-consuming to reach a final calculation on. Insurance adjusters will spend a few weeks doing their own investigation, but this investigation is more focused on identifying how to LIMIT your settlement, not making sure that all of your damages are included in their offer. At the same time, they are performing their investigation, we will undertake our own. When it comes time for the insurance company to make their initial offer, you will be shocked at the difference in our calculations and theirs.
Economic Damages
Economic damages are the damages that have dollar values associated with them, and if this sounds confusing, it will make sense after you learn about non-economic damages. Economic damages include things like your medical bills and all costs associated with your injuries and treatment, as well as your income-related impacts, any services that you needed to hire while you were recovering, and more.
Over the course of our investigation, we will be sure to gather invoices, receipts, pay stubs, and all other relevant information to prove each line item of our economic damages, and ensure that you get the money that you truly deserve.
Non-Economic Damages
Non-economic damages are more complicated to calculate, simply because they apply to abstract damages that do not have simple ways of measuring or set dollar values. They include things like the pain and suffering of your injuries, as well as the emotional and psychological impacts of such a traumatic experience, such as fear, anxiety, and more. In addition, loss of quality of life, an inability to pursue your hobbies, and other similar issues are addressed here.
As you can imagine, there are some extra steps when it comes to calculating non-economic damages, but we have years of experience doing so and will be sure to choose the calculation method that is best suited to your situation and will get you the most money possible. Just because there is no simple way to measure a non-economic impact does not mean that it is not just as important as damage that comes with a receipt.
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