Car Accident Lawyer
For all of the advancements in automotive technology, car, truck, and bus accidents remain one of the greatest dangers to our health, safety, and financial stability. Each year, thousands of Florida families suffer the devastating effects of auto accidents, which can include death and serious injuries, potentially resulting in years of high medical bills and missed work. At the law firm of Lesser, Lesser, Landy & Smith, we have handled thousands of auto accident cases over our 89-year history as a firm. We understand the physical pain and devastating financial impact that auto accidents have on individuals and families, and our car accident lawyers will fight for a speedy recovery for all of your injuries.
Winning an Auto Accident Claim in Florida
Florida state law requires that, in many car accident scenarios, injured victims access their own insurance policies first. But where an individual has been involved in an auto accident involving serious injury, he or she may pursue a claim against an at-fault driver for causing the injury. Thus, winning an auto accident in Florida will require proving that you suffered a “serious injury” and that the other party was at fault in causing your injury. The other driver and his or her insurance company will likely try to deflect blame for the accident or place the blame on you, but we will use our years of experience to counter such arguments and make the best possible legal arguments for your recovery.
Why You Should Work with a Car Accident Lawyer
Many people hesitate to contact a West Palm Beach car accident attorney after a car crash, wondering whether or not working with an attorney is really necessary. While you have no legal obligation to contact a lawyer, doing so can improve your chances of recovering the maximum amount of money that you are owed, and can also provide you with a sense of confidence and comfort throughout the process. Here are some important ways that our West Palm Beach car accident attorney helps you after a car accident:
- Investigating your accident. Fault in a crash is not always obvious, and even when it is, the right evidence must be collected to prove it. Fault, or negligence, can have a big impact on the amount of money that you receive in a settlement offer, and unless you prove the negligence of the other driver (or other at-fault party), you may be unable to recover compensation at all. The investigation starts as soon as we learn about your accident, collecting all evidence. This includes physical evidence, pictures of the accident scene, police reports, video footage, witness statements, and more.
- Filing your claim. Filing can be confusing. You may not know how to file your claim after an accident, or against whom. This is especially true if the accident was caused by a party other than another driver, such as the manufacturer of a defective auto part. Our West Palm Beach car accident attorneys help you file your claim against the appropriate party in a timely manner.
- Proving damages. If you are injured in a crash and suffer losses, you may assume that the insurance adjuster responsible for processing your claim will recognize this and you’ll be compensated. Unfortunately, you will need to prove the full extent of your losses in order to recover any compensation. Our West Palm Beach car crash attorneys can assist you in gathering medical bills, working with experts, and proving damages.
- Negotiating for a fair settlement offer. Often, insurance adjusters offer claimants less than they deserve, hoping that the claimant will take the money in desperation and frustration. When your settlement offer does not address the full amount of damages you have suffered, we will aggressively negotiate for a more suitable settlement amount.
- Taking your claim to court. When a settlement cannot be reached, our West Palm Beach car accident attorneys will be prepared to take your case to court.
Types of Car Accident Claims
Most auto accidents happen because of negligence, which is the failure to exercise a certain level of caution while operating a vehicle. The West Palm Beach car crash attorneys, along with your insurance company, will conduct a preliminary investigation to identify whether you were negligent or not.
To have the best chances of winning the case, the experienced West Palm Beach auto accident attorneys must prove that the defendant’s negligence caused the accident. Some examples are negligent drivers, reckless drivers, intoxicated drivers, passengers, pedestrians, and those who text and drive.
If your vehicle, or the defendant’s vehicle had a defect contributed to the accident, the injured party may have a claim against the manufacturer of the vehicle or one of its many parts. If the car had a faulty manufacturing issue, the manufacturer can be held responsible regardless of who was actually at fault for the accident.
The West Palm Beach car crash attorneys must prove that you were not at fault for the accident, and that the defect happened due to the manufacturing process. Usually they bring in expert testimony and analysis as evidence to prove that the defect caused or contributed to the accident. Successful lawsuits will require the plaintiff to show:
- The defective car or part was “unreasonably dangerous”
- The vehicle was being operated safely
- The vehicle’s performance had not changed since purchase
Then there’s faulty construction, design, or maintenance of roads. This can contribute to car crashes and have nothing to do with the drivers. This type of claim will prove the plaintiff and defendant not guilty due to circumstances beyond their control.
Types of Car Crash Injuries and Compensation You May Be Entitled To
The extent and severity of injuries suffered will be different with each individual case. In some cases, treatment for injuries will not be covered by insurance. The West Palm Beach auto accident attorneys help cover costs of injuries that include:
- Burns and scars
- Loss of limbs
- Spinal cord injuries
- Head injuries
- Joint, muscle, back, neck, and bone injuries
- Knee damage
- Permanent disability
If you are seeking further compensation for damages, your attorney will approach the negligent party’s insurance company in an attempt to recover compensation to cover your remaining costs. Your claim will be submitted for approval to the insurance company, which will have led an investigation of its own.
The success of your claim will likely depend on the ability of your attorney to collect, analyze, and present evidence. It can be particularly challenging considering the opposing insurance company will clearly want to minimize their disbursement.
Providing your attorney with as much information as possible can help your odds of winning the case. If your attorney and the insurance company cannot agree on a settlement, often the case may proceed to trial.
In addition to these, our experienced West Palm Beach car accident attorneys can help you obtain compensation for the following:
- Medical expenses
- Future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages
- Wrongful death
The Importance of Contacting an Lawyer Immediately After an Accident
Because winning an auto accident case can often include an investigation of the accident, which can involve an examination of the vehicles, the accident scene, and talking with eyewitnesses, it is important to contact an lawyer as soon as possible after the auto accident to begin this process. Speaking with an lawyer sooner rather than later will also help speed the process of obtaining recovery, so that you can pay for medical bills and family needs as they arise and avoid excess debt. Finally, Florida imposes a strict statute of limitations on car accident claims, requiring them to be filed within a set statutory period.
Work with Car Accident Lawyers to Win Recovery
If you or a loved one has been injured in an auto accident in the West Palm Beach, Stuart, or Boca areas, contact the experienced West Palm Beach car accident lawyers at Lesser, Lesser, Landy & Smith. Schedule a free consultation with one of our lawyers today.