There are more than 800 auto accidents on an average day in Florida, according to the Florida Department of Highway Safety and Motor Vehicles. Many of these are caused by people who are texting, speeding, or engaging in other unreasonable behavior. If you have been hurt by a negligent driver, you may have a right to seek compensation for your emotional, financial, and physical harm. The injury lawyers at Cecere Santana, PA have significant experience litigating auto accident cases in the Fort Lauderdale area and can help you protect your rights.Hold a Negligent Driver Accountable for Your Injuries
A person who is hurt in a car accident caused by a dangerous driver may file a negligence claim in Florida state court. The claim alleges four specific elements:
- The defendant owed the victim a duty of care;
- The defendant breached the prescribed duty;
- The defendant’s behavior directly caused the accident in which the victim was hurt; and
- The victim was forced to incur quantifiable damages as a result.
A defendant’s duty is generally determined by its relationship with the victim. Every Florida resident has a duty of reasonable care in most ordinary circumstances, whether driving or simply walking down the street. This obligation requires each of us to avoid unreasonable behavior that may endanger people in the vicinity. In some cases, such as those involving bus companies or other common carriers, the defendant may owe a higher duty of care.
A breach is simply a failure to behave in in accordance with the applicable standard of care. For instance, a person who reads text messages while driving or gets behind the wheel while too exhausted to drive has likely breached the duty of reasonable care.
Causation consists of factual and legal components. It can be summarized as establishing that the victim would not have been hurt if the defendant had acted with the appropriate level of care, and that the accident was a reasonably foreseeable result.
A plaintiff who files a successful negligence case likely will be entitled to compensatory damages. These can account for any costs or losses that resulted from the defendant’s carelessness. Therefore, a car accident victim often will seek damages for physical pain and suffering, medical bills, the costs of future treatment, lost wages, damage to a vehicle, and other related expenses.
Like other states, Florida has a strict time window within which an accident victim can file a lawsuit against a party responsible for his or her injuries. This is known as the statute of limitations, and failure to comply with it generally will bar the right to seek compensation. Moreover, evidence in motor vehicle collision cases can decay or disappear quickly, so you should not hesitate to seek legal advice promptly to preserve your rights.Consult an Experienced Fort Lauderdale Lawyer for an Auto Accident Claim
The aftermath of a car accident case may be financially stressful as well as physically painful. You may be dealing with insurance companies while worrying about paying medical bills or getting back to work. Cecere Santana, PA is comprised of accident attorneys who have significant experience helping injured residents of Fort Lauderdale and the surrounding Florida communities, including Coral Springs, Davie, and Hollywood, take legal action. We can handle your claim from beginning to end, allowing you to focus on your recovery. To see if we can help you, fill out our contact form online or call 800-753-5529.