Personal Injury Blog

Car Accident Lawsuit: Do I Have a Case?

January 07, 2016Car / Auto Accidents

Because Florida has a large resident and tourist population, motor vehicle accidents occur at a higher rate here than most other states. The majority of fatal accidents take place along major highways like I-95 and I-4; however, most non-fatal accidents that leave drivers, passengers and pedestrians injured tend to occur on county roads and city streets.

The geographic distribution of Florida makes it prone to accidents. Unlike major metropolitan areas, walking is rarely an option, and public transportation is limited. For most, daily driving is necessary to get to and from work, run errands and transport children to and from activities. Even a night on the town or day at the beach usually requires a car. I-95 dissects Brevard County, and often is the only practical way to commute between Melbourne, Palm Bay, Titusville – the most populated cities. That means automobiles and motorcycles often share the highway with trucks and tractor trailers, exposing them to dangerous driving conditions.

‘Do I have a case?’

This likely is the most common question a Palm Bay car accident lawyer is asked by a prospective client. The answer to this question is not simple because the circumstances surrounding every motor vehicle accident in Florida are different. A motorcycle accident in Palm Bay differs considerably from a truck accident in Palm Bay. To determine if legal action can be pursued after an accident, lawyers take into account many different variables.

Trial or settlement?

Your case might not end up in litigation. Most cases are negotiated into settlements. It is virtually impossible to calculate the average amount of settlements resulting from accident claims in Florida as they range from the thousands to the millions; however, a truck, motorcycle and car accident attorney in Palm Bay likely will ask the following to determine the proper course of action:

  • Where and when did the accident happen?
  • How many vehicles, drivers, passengers and pedestrians were involved?
  • Were there any traffic tickets or citations issued by law enforcement officers?
  • Were you injured as a result of the crash?
  • What type of medical treatment have you received?
  • How much damage did your car sustain?
  • How much time have you lost from work as a result of the accident?

Answering these questions begins the process of figuring out if you have a case that can be filed against insurance companies, individual drivers or freight companies.

The two basic claims that could arise are for personal injury or for property damage. In many cases, both claims can be pursued simultaneously. If the attorney believes you have a case, the next step will be to examine the facts of the case, gather evidence, speak with witnesses and account for all expenses and economic losses the accident victims sustained as a result of the accident. Call Couture Law P.A. today for a free consultation.

Further Reading

Car Crash: Vehicle Insurance Questions and Answers

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