Being involved in a car accident can be a stressful and overwhelming experience, especially if you are unsure what steps you need to take. Remember, the insurance company is not on your side. Insurance adjusters and the insurer’s attorneys may use many tactics designed to shift blame, minimize injuries and losses, and reduce the amount they need to pay.
An experienced car accident lawyer serves as your advocate to protect your rights, fight back against unfair tactics, and seek the fair compensation you are entitled to.
If you were involved in a simple accident with property damage and no injuries, you likely do not need a lawyer unless you run into issues with your claim. However, there are specific scenarios when hiring a car accident lawyer is always recommended.
Kibbey Wagner Injury & Car Accident Lawyers Stuart has the know-how and conviction to fight for what’s right. We can help you get the compensation to which you’re entitled under Florida law. Contact our Stuart, FL law offices by calling at (772) 444-7000.
You Are Being Blamed, Or You Were Partially at Fault of The Car Accident in Stuart, FL
Under Florida’s modified comparative fault rule, your compensation can be reduced by your percentage of fault in an accident. However, even if you are deemed to be partially responsible, you still have the right to recovery.
Insurance companies often use comparative fault to shift as much blame as possible to you or other parties in the crash. For every share of fault that is assigned to you, the amount they are liable for paying is reduced or eliminated entirely.
The insurance company may look for any excuse to reduce or deny a payout, whether it’s evidence that you caused the crash or claiming you failed to mitigate your damages.
A skilled car accident lawyer can help you fight back against these tactics by gathering the evidence necessary to prove otherwise.
You Suffered Serious or Catastrophic Injuries After The Stuart Car Accident
Serious injuries often translate into higher medical bills and significant life changes. If you suffered serious injuries, it’s critical to seek legal representation, as insurance companies employ many strategies to fight high-value claims. An attorney can also handle the challenging task of calculating future losses and extensive non-economic damages.
Calculating damages can be complex when serious injuries or permanent disability are involved. This is because you are entitled to future damages, which must be estimated, and non-economic losses, which are not easily quantified.
A car accident lawyer can help you accurately calculate the total cost of your injuries, including future medical expenses, lost earning capacity, and pain and suffering. This usually requires expert testimony from medical experts, economists, and vocational experts. Your lawyer will also gather evidence to document your losses and strengthen your claim.
With high-value injury claims, insurance companies are likely to dispute liability or shift blame, even when the evidence is against them. They may challenge the severity of your injuries, blame pre-existing conditions, or dispute the necessity of treatment you received. They are also likely to make a lowball settlement offer.
An experienced car accident lawyer will fight back against these tactics by presenting a strong, evidence-backed argument. Your attorney can also negotiate on your behalf for compensation that reflects the severity of your injuries.
Your Stuart Car Accident Involved a Large Truck or Commercial Vehicle
Accidents involving commercial vehicles like trucks or city buses often come with added complexities. These accidents are likely to result in serious injuries and usually involve commercial insurance policies with high limits. There may be federal regulations, a reduced statute of limitations, and a corporate legal team. This means these injury claims come with high stakes.
An experienced car accident attorney can level the playing field and navigate these complexities. Your lawyer will handle negotiations to make sure you are not unfairly disadvantaged in the process.
Your Stuart Car Accident Involved a Government Vehicle
Florida waives sovereign immunity for specific acts of negligence, including traffic accidents. This allows claims against most government entities, including the State of Florida, cities, towns, counties, and school boards. You have the right to pursue a claim if you were hurt in a crash with a government vehicle.
However, if a government vehicle was involved in your accident, there are special procedures and timelines that apply. A claim must be submitted to the Bureau of State Liability and Property Claims. When the agency involved receives notice of a claim, they have six months to investigate. They are not required to do anything during this time period, including starting negotiations.
Damages in claims against Florida government entities are capped at $200,000 per person and $300,000 per incident.
Given the complexity of these claims, it’s important to work with an injury lawyer familiar with claims against government entities.
Your Injury Claim Was Denied
Sometimes, delays in processing a claim are a tactic to reduce or avoid a payout. Insurers may look for any reason to deny a claim outright if they can. While claims can be denied for many valid reasons, insurance companies sometimes unfairly deny claims.
Your injury claim may have been denied for a stated reason, such as:
- The policy wasn’t in effect at the time of the accident
- The policy doesn’t cover the accident
- The policy doesn’t cover the party at fault
- Your injuries were caused by another accident or pre-existing condition
- You didn’t prove the crash caused your injuries
- You waited too long to seek medical treatment
The insurance company may not even give much detail about the reason for the denial. If your injury claim was denied, a car accident lawyer can seek a written explanation and appeal the decision. Successfully contesting the decision will require as much supporting evidence as possible.
If the insurance company doesn’t reverse its decision, your lawyer may recommend filing a lawsuit against the at-fault party.
There Were Multiple Parties Involved In the Accident in Stuart, FL
Multi-vehicle accidents can complicate the determination of liability. It’s common for more than one party to be found at fault for a crash, but each driver’s behavior leading up to the accident must be examined. This requires analyzing the sequence of events, the speed and direction of vehicles, and the actions of each driver.
These accidents are also complex because multiple insurance policies are involved. Each insurance company will try to minimize their own liability.
An experienced personal injury lawyer can work with experts to gather evidence to prove causation. Your lawyer will help you pursue a claim against every party who shares the blame for the crash for their share of your damages.
Contact a Stuart Car Accident Lawyer for a Free Consultation
It’s important to note that these are just some common scenarios in which hiring a car accident lawyer can be beneficial. Every case is unique. It’s best to consult with an experienced attorney to determine the best course of action for your specific situation.
A free consultation is the best way to determine if your case will be complicated and how you can benefit from legal representation. If you have been hurt in a crash, contact Kibbey Wagner Injury & Car Accident Lawyers, today for a free case review with a Stuart car accident lawyer.
