Filing a Negligence Claim to Seek Compensation after a Car Accident

Jarrett Blakeley knows that clients have only one chance after their car accident to recover the compensation they deserve from those responsible for their car accident injuries. With knowledge of and experience dealing with insurance companies, Blakeley Law Firm fights for accident victims’ rights to make sure their voices are heard after their car crash leaves them injured with medical bills and often lost wages. Whether you have been injured in a car accident , motorcycle accident, DUI accident or truck accident,legal action may be necessary, often by filing a Florida Personal Injury Lawsuit. To prevail in this type of claim, the plaintiff, or victim, usually must show that the defendant, or responsible party, was negligent.

To establish negligence, the victim must show that he or she was owed a duty of care. For instance, Florida drivers owe other motorists a duty to use reasonable care while driving, which is defined as the same precautions that a reasonable person would take in similar circumstances. A victim then must show that the duty was breached by the defendant’s actions, causing the car accident. For example, a driver distracted by his or her cell phone might be negligent or often a DUI driver that causes a car accident will be the negligent party. The injured person also needs to show that the breach was the cause of his or her car accident injury and that he or she sustained damages as a result.

After showing negligence caused the car accident injury, a victim may receive damages in the form of past and future medical expenses, pain and suffering, property loss, and loss of income or earning capacity. Timing is important following an accident, since each claim has a certain period of time during which a victim may gather and preserve evidence. This can be especially important in a truck accident case. If you believe you have a claim, consulting a knowledgeable trucking accident attorney can be vital to making sure you take the proper steps at the proper time.