Stuart Car Accident Lawyer
Florida Car Accident Lawyer Assisting Injury Victims in Stuart
More than 400,000 car crashes occurred in Florida in 2017, according to the Department of Highway Safety and Motor Vehicles. That number shows an increase in annual car crashes of almost 1.7 percent from the previous year. Car accident rates have risen steadily in Florida throughout the last decade. When a car accident occurs because another motorist is careless or reckless behind the wheel, you should know that you can file a claim to hold that driver accountable for your losses.
Motor vehicle crashes happen for many different reasons, from aggressive and distracted driving to dangerous road conditions. If you have questions about filing a lawsuit, you should get in touch with a Stuart car accident lawyer at Lesser, Lesser, Landy & Smith, PLLC as soon as you can.
Filing a Car Accident Claim in Stuart
Most car accidents claims allege that another party—typically a driver—was negligent. In order to prove that another driver was negligent and therefore responsible for the accident and injuries, a plaintiff typically needs to prove the following elements:
- Defendant owed the plaintiff a duty of care: Whenever a driver gets behind the wheel, the act of driving means that the motorist agrees to use a reasonable duty of care and avoid negligent acts or omissions that could cause injuries.
- Defendant breached the duty of care: There are many different ways that a driver can be negligent in causing a car accident, including but not limited to speeding, running a red light, texting or talking on a cell phone, intoxicated driving, and even drowsy driving. In short, any violation of Florida’s traffic rules, and even behavior like driving while fatigued, could mean that a driver breached the duty of care owed.
- Defendant’s breach of the duty of care caused the accident: With the help of a Stuart car accident attorney, the plaintiff can use photos, medical records, witness statements, and even information from an accident reconstruction expert to show that the defendant’s negligence caused the accident and the plaintiff’s injuries.
- Damages: The plaintiff will need to show that she suffered damages as a result of the accident.
Statute of Limitations in a Stuart Car Crash Lawsuit
The statute of limitations is the amount of time that a plaintiff has to file a lawsuit in a car accident case. Every civil lawsuit comes with a statute of limitations, and the clock usually begins “ticking” in personal injury claims on the date of the accident. Under Florida law (Fla. Stat. § 95.11), most car accident victims must be aware of a four-year statute of limitations. The law gives plaintiffs in most motor vehicle collision lawsuits four years from the date of the accident to file a lawsuit. Once the clock has run out on that time window, the law considers the claim to become “time-barred.” Once a lawsuit is time-barred, the plaintiff cannot seek compensation by filing a personal injury claim.
Contact a Stuart Car Accident Lawyer Today
Were you injured in a motor vehicle collision, or did someone you love get hurt in a crash? You should learn more about filing a claim by discussing your case with a car accident lawyer in Stuart. A personal injury lawyer at our firm is here to answer your questions. Contact Lesser, Lesser, Landy & Smith, PLLC for more information about filing a claim and seeking financial compensation for your losses.