If you or a loved one has been the victim of a motor vehicle collision or another accident in Stuart or the surrounding area, you have a right to know and assert your legal rights. Talking to an experienced attorney can help you make informed decisions about issues that may affect your family’s future for years to come. The knowledgeable Stuart injury lawyers at Donaldson & Weston can help you assess the issues facing your family following an accident and can advise you about your options in getting back on your feet as soon as possible.Seeking Compensation after an Accident
A car crash, a slip and fall at a shopping center, or a collision with a semi-truck on a crowded highway can happen in just a few seconds, but the consequences can last a lifetime. Medical expenses such as doctor bills, hospital charges, physical therapy, prescription medication, and other costs can quickly add up. Even if an injured person has insurance, there may be deductibles, co-pays, and other issues such as subrogation that must be dealt with in a timely fashion. If a victim is able to make out a case of negligence against the responsible party, past and future medical expenses may be taken into consideration in determining the amount of a settlement or judgment. Other damages, such as lost wages and lost earning capacity, pain and suffering, property damage, and loss of consortium, may also be available.
In order to recover damages after an accident, a plaintiff must prove the four elements of negligence: duty, breach of duty, causation, and damages. Each step must be proven by a preponderance of the evidence, which means that it is more likely than not to be true. Because of this, it is important that a crash, fall, or other accident be thoroughly investigated as soon as possible. Eyewitness statements should be recorded, photographs of the scene should be obtained, video surveillance footage from the moment of the accident should be secured if possible, debris paths should be noted, and so on.
It is also important that certain procedural deadlines are met. Regardless of the type of accident in which you have been involved, there is a maximum time set by law for filing suit against a defendant. This is called the statute of limitations. For car accidents involving personal injury, this period is generally four years under Florida law. However, if the accident was fatal, the victim’s family has only two years to seek damages for their loved one’s wrongful death. Other considerations, such as the requirement of providing notice in governmental tort liability cases, can further limit the time for taking action. Suits not filed within the applicable period are most often dismissed as untimely.Discuss Your Injury Claim with a Stuart Lawyer
Being involved in an accident is a traumatic event. Hiring an attorney experienced in injury law and wrongful death litigation can help ease the stress so that you can focus on your physical recovery rather than on the many legal and financial issues that may arise. To schedule a free and confidential evaluation of your accident case, call the Stuart injury attorneys at Donaldson & Weston at (772) 266-5555 or (561) 299-3999, or contact us online. We can help you determine whether you have a viable claim, which types of damages you may wish to seek, and when you must act in order to preserve your legal rights. We handle most cases on a contingency fee basis. If you need a car accident lawyer or guidance following a slip and fall, you should not delay in seeking the qualified, assertive legal assistance that your family deserves.