When you’ve been injured in an accident, the first step in filing a personal injury claim is determining who was responsible for your injuries. Determining who was at fault for an accident is imperative to moving forward with your claim but how exactly does one go about this? And, if you’re determined to be at-fault for the accident, can you still recover compensation for your injuries? Learn it all below.
How is Fault Determined?
All people, whether they’re drivers, property owners or employers, have the legal duty to act in a prudent manner in an effort to not harm anyone else. This is called the “duty of care” and legally speaking, is the basis for determining whether or not a breach in this care resulted in another person’s injuries. One of the most common examples of duty of care is in the case of a motor vehicle accident. If a car is hit in an intersection because another driver ran a red light, then the driver who was struck would have the basis to pursue a claim because the other driver failed to obey traffic laws. Essentially, had that other driver not ran the red light, the injured party wouldn’t have been harmed.
What Do I Need to Prove in a Personal Injury Case?
The validity of a personal injury claim is dependent on four separate factors:
- A duty of care was owed to the plaintiff
- The defendant breached that duty of care
- The plaintiff suffered harm
- The breach directly resulted in the plaintiff’s injuries
If all of these factors are met, injured individuals can move forward with filing a personal injury claim.
Can I Still Recover Compensation if I Was At-Fault?
Florida is a no-fault insurance state. This means that after being injured in an accident, you will need to file a claim with your own personal injury protection coverage in order to get money to cover your financial losses. You can do this regardless of whether or not you were at-fault for the accident. Your personal injury protection coverage will help offset the financial strain caused by medical bills, missed time off work, copays, etc.
Who is Covered Under Personal Injury Protection?
Insurance companies understand that it’s not always the policy holder that may be driving the vehicle at the time of a crash. As such, personal injury protection – or PIP – will extend to the policyholder’s children and other members of the household. It’s also worth noting that PIP coverage will cover the policyholder if they are injured as a passenger in someone else’s vehicle.
Regardless of who was at fault for the accident, there are several courses of actions that one can take to recover compensation. If you or someone you know was injured in a motor vehicle accident, slip and fall or other type of incident, the attorneys at Lawlor, White & Murphey can help. Give us a call today.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Motor Vehicle Accident Case in Florida
Did you or a loved one sustain serious injuries due to a motor vehicle accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor, White & Murphey represent clients injured in car accidents in Broward, Dade, Palm Beach Counties, and throughout Florida. Call 954-525-2345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard, Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.