Whether you’re on your way to work or running errands, a car accident can flip your world upside down. Not only will you have to deal with the injuries, but the ensuing legal implications can leave you struggling. If you were involved in a collision, it’s essential to understand what possible car accident defenses the liable party will enact to prove they were not responsible for the injuries you sustained. Keep reading to familiarize yourself with the possibilities and discover why a Broward County auto accident lawyer can help you navigate any issues you may face as a result.
What Car Accident Defenses Will a Liable Party Rely On?
One of the most effective ways a defendant will evade responsibility for their involvement in an accident is by using the statute of limitations to their advantage. If you wait too long to file a lawsuit against the negligent party responsible for the injuries you’ve sustained, it’s likely that you will be unable to pursue compensation. In Florida, you have two years from the accident date under the state’s new tort reform. This means you cannot delay seeking justice.
Previously, Florida law followed pure comparative negligence. However, under the same tort reform that changed the statute of limitations, the state now follows a modified comparative negligence law. This means that anyone found 50% or more responsible for their injuries will be unable to collect damages. As a result, the negligent party will likely do everything in their power to prove you were somewhat responsible for the collision to reduce the compensation you can collect.
Finally, many defendants will use a lack of action from the injured party to mitigate damages as a defense. Essentially, if you do not seek medical treatment, return to your job too quickly, or do anything else that could worsen your injuries, you may not receive the compensation you are entitled to.
How Can I Strengthen My Case?
There are several steps you can take to improve the odds of a favorable outcome when you’re the victim of an accident.
The first thing you should do following a collision is contact emergency services as quickly as possible. This not only places a police presence at the scene, which can help control traffic, but law enforcement will create an accident report, which you should obtain a copy of. You can also request emergency medical services to treat any injuries you’ve sustained. This allows you to establish medical care immediately following the accident.
Finally, the most important thing you can do to help your case is to contact an experienced personal injury attorney as soon as possible. Unfortunately, many do not realize they may be eligible to receive financial compensation following an accident, or they try to navigate the trial on their own. Instead, letting a lawyer handle legal matters can help you focus on healing.
When you need help, the Finizio Law Group can help. Our dedicated legal team will work tirelessly to help you receive the best possible outcome for your unique circumstances. Contact us today to learn more about how we can help you.