A personal injury lawsuit against the person who caused the accident can be used to obtain an award of damages. Your lawyer will try to prove that the driver of the other vehicle is at fault or able to be legally deemed as such. In a personal injury suit, you will want a lawyer familiar with injury lawsuits.
What actually happened may have very little to do with receiving an award and sometimes it all depends on what the other person should have anticipated at the time of the accident. It is very often hard for insurance companies to prove that a driver was operating their vehicle with the proper standard of care, including reasonable speed, proper control and awareness. Sometimes an insurance company will settle a case just to limit possible consequences.
Personal Injury Defense Lawyers
When being sued for a car wreck because one could be at fault numerous actions such as contributory negligence, assumption of risk and emergency doctrine are used to reduce the amount of damages owed or may even release the defendant entirely.
For more information please see:
FL Statutes – Title XLV Torts Section 768.041