Stuart Car Accidents
Located along Florida’s Treasure Coast, the town of Stuart is the county seat of Martin County and home to approximately 16,000 residents. Stuart has been included on lists of the best small towns in the country, due to its beauty, climate, and active lifestyle. However, serious accidents may happen anywhere, even in a picturesque area like the Treasure Coast. If you or a family member has been involved in a motor vehicle collision, the knowledgeable Stuart car accident attorneys at Donaldson & Weston are here to help you pursue compensation from the responsible party so that you can get your life back on track as soon as possible.Asserting Your Rights Through a Car Accident Claim
At any given time, a variety of tourists, truckers, and people who work in Stuart but reside elsewhere may be passing through the area. Combined with local residents, this creates a potential for serious and even deadly car accidents. In order to hold a defendant liable for injuries or death resulting from a motor vehicle accident in Florida, the plaintiff must be able to prove that the defendant was negligent.
To say that a driver is “negligent” means that they failed to take proper care in the operation of their vehicle. There are four elements in a negligence lawsuit: duty, breach of duty, causation, and damages. As is the case with other types of tort cases filed in the civil court system, the burden of proof rests on the plaintiff in a negligence claim, and they must prove their case by a preponderance of the evidence. This means that the jury must determine that, more likely than not, the plaintiff is entitled to the compensation sought.
If a plaintiff makes out a successful case of negligence against the driver whom they believe was at fault in the accident, the jury may award damages for the plaintiff’s medical expenses, lost wages, property damage, and pain and suffering. Also, the plaintiff’s spouse may be compensated for loss of consortium if the plaintiff was married at the time of the accident.
Under the Florida wrongful death statute, the family or estate of a person who is killed in a Stuart car accident may be able to seek damages for the loss of their loved one. The damages that may be available, as well as the parties who may bring suit, vary according to the situation and should be discussed with a qualified attorney.Contact a Car Accident Attorney in the Stuart Area
If you have been hurt in a car accident, the wise course of action is to speak with an attorney about your legal rights as soon as possible. There are statutes of limitations and other deadlines that limit the time for filing a negligence claim, and the failure to promptly file a claim usually results in an injured person’s case being dismissed. Furthermore, it is important that an accident scene be investigated from the plaintiff’s perspective, rather than only by those who represent the defendant and their insurance company. Spoliation of evidence may reduce not only the value of the plaintiff’s case but also the likelihood of success in some cases. To talk to a Stuart car accident lawyer about your case, call us at 772-266-5555 or contact us online today. There is no charge for the first appointment, and legal fees are not collected unless your case is successfully resolved by our motor vehicle collision lawyers.