Bradenton Auto Accident Attorney
Car accidents often result in devastating physical and financial damages, and victims often discover that it takes months to years to recover from both. In the time it takes to recover, victims often accrue extensive medical bills, lost wages, therapy bills, and other costs associated with recovery. For most people, it would be nearly impossible to foot the bill for healthcare costs, even with insurance and even if they were able to work a full or part time job. For injured parties, however, who cannot work, covering the cost of medical expenses and other living expenses is an impossibility. Fortunately, the law provides a remedy that allows accident victims to pursue compensation from the liable party.
If you or a loved one was injured in an automobile accident caused by another person’s negligence, you have the right to pursue a car accident claim against the liable party and/or his or her insurance company. However, just because you have the right does not mean that you will be automatically entitled to damages. To win your case, you must prove the following four essential elements of a personal injury claim to be true:
- Duty of care;
- Breach of duty;
- Causation; and
- Damages.
At HD Law Partners, our Bradenton auto accident attorneys can help you gather the evidence necessary to prove the existence of each of the aforementioned elements and fight on your behalf for the maximum amount of compensation.
Defending Accident Victims in Catastrophic and Major Claims, at Trial and During Appeals
If you hope to recover compensation for your damages, you must appeal to the auto insurance adjusters. Auto insurers examine a number of factors when determining the validity of a claim. If the insurer finds even a single discrepancy, or if it can prove that a certain factor does not exist, your claim may be denied. At HD Law Partners, our team knows which factors the insurer considers and anticipates their defense. Some common defenses that insurance companies use are as follows:
- Accident Occurrence: One of the first questions insurers seek to answer is whether or not the accident occurred the way the plaintiff said it did. They will look to police reports, witness testimonies, and reconstructions of the accident.
- Negligence and Comparative Negligence: The insurance company will seek to determine if the plaintiff was in any way responsible for the accident.
- Injury Causation: Another question insurers try to answer is whether or not the collision was in fact the cause of the plaintiff’s injuries. Were there other factors that may have contributed to the plaintiff’s injuries?
- Calculation of Future Damages: If the plaintiff’s injuries warrant future damages, the insurance company will scramble to find an expert who can attest to whether or not future damages are actually necessary.
- Other Defendants: The insurance company will look to see if there are other parties who may be partially or fully responsible for the accident. Does liability actually lie with an auto manufacturer, government entity, or construction agency?
- Statute of Limitations: The insurer will make sure that the claim was filed within the timeframe allotted by Florida law.
- Statute of Repose: If the claim is against an auto manufacturer for an alleged defect of a vehicle, the insurer will try to argue that the claim is invalid because of time constraints imposed by Florida law.
- Punitive Damages: If punitive damages are considered, insurers will try to argue that intentional misconduct or gross negligence does not exist and therefore, that punitive damages are unnecessary.
At HD Law Partners, we are very familiar with these types of tactics and therefore, what evidence is necessary to refute them. By knowing what to expect in terms of the insurance company’s defense, we can show up to negotiations or trial prepared and beat the defense at its own games.
Get the Answers You Seek – Contact a Bradenton Auto Liability Attorney Today
If you were injured in a car accident caused by another person’s or entity’s negligence, do not just assume that the case will play out in your favor. Contact HD Law Partners for swift and aggressive legal representation.
