Port Salerno Car Accident Attorneys
Seat belts might save lives, but they do have their limitations. At the end of the day, no safety feature can protect all vehicle occupants in all accident scenarios.
It only takes one drunk or distracted driver to cause a devastating wreck that sends people to the hospital in critical condition. If you were hurt in a collision, a car accident lawyer may be able to protect your family’s financial security by helping you pursue compensation for your damages.
At Donaldson & Weston, we understand the physical, emotional, and financial stress an injury can place on accident victims and their loved ones. Our legal team is ready to help you and your family regain your financial footing so you can move on with life. Call 772-266-5555 to schedule a free case evaluation with one of our Port Salerno car accident attorneys.Important Elements to Prove in a Car Accident Claim
Florida follows a “no fault” insurance system, meaning that your first source of compensation after a collision will likely be your own personal injury protection policy, but there are still scenarios in which accident victims can file third-party claims. For example, you can hold the liable motorist financially accountable if you sustained serious injuries.
Under state law, injuries are typically considered “serious” if they result in:
- Significant limitation of a bodily function or organ;
- Permanent limitation of a bodily function or organ;
- Significant scarring or disfigurement;
- Bone fractures;
- Full disability for at least 90 days; or
In order to secure a settlement following any of the above, the victim—or his or her surviving loved ones—must prove three elements:
- A Duty of Care: The defendant must have owed the injured party a duty of care. Whether this duty was established, such as the relationship between a healthcare provider and a patient, or implied, like the duty a motorist owes to everyone else in traffic, is irrelevant. As long as the liable party had some kind of obligation to the victim, the latter has grounds for an injury claim.
- A Breach of This Duty: After proving a duty of care existed, the claimant must demonstrate how the defendant breached said duty in some way. Breaches that might apply to car accident cases include driving while impaired, speeding, texting and driving, and street racing.
- Injury or Loss: The claimant must have suffered an injury or loss as a direct result of the defendant’s breach of duty. Losses for which claimants may be able to recover compensation include medical expenses, lost income, pain and suffering, loss of earning capacity, property damage, scarring and disfigurement, disability, mental distress, and loss of consortium.
If you sustained serious injuries in a motor-vehicle collision and a reckless driver is to blame, turn to Donaldson & Weston. We take great pride in helping accident victims recover the compensation they need to make their lives whole again. Call 772-266-5555 or fill out our Contact Form to schedule a free consultation with one of our Port Salerno personal injury lawyers.