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How does the doctrine of comparative negligence factor into claims after an auto accident in Florida?

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West Palm Beach, FL – After a car collision, there is an investigation to determine fault and other important matters related to the accident. A person who is injured may want to sue the party who is responsible, but there are a number of limitations and rules that come into play during the insurance claim process and a potential lawsuit. Legal advice from an experienced attorney is recommended for anyone going through these issues to preserve their chances for the maximum amount of compensation. 

Negligence laws in Florida

Florida has its own specific negligence laws like every other state. As a threshold matter, the plaintiff must prove all four elements of the action to prevail. However, negligence laws have also adapted over the years to the fact that fault for an accident is not absolute. This situation where both parties are partially at fault is when comparative negligence is most important. 

Comparative negligence allows fault for an accident to be divided between everyone involved. This means each party may be assigned some level of fault, as long as they all add up to one hundred percent. There is also no level of fault that will prevent one party from suing another, so it is possible that multiple plaintiffs can emerge from the same accident. 

It is practical to always bring a negligence lawsuit

There are many things that can determine whether a lawsuit is necessary after a collision. The most important factor in many cases is the severity of the accident. If someone only has to deal with vehicle damage or very minor injuries, the insurance claim process is likely sufficient to pay the victim for these kinds of losses. There is also personal injury protection in Florida that covers up to ten thousand dollars on most standard car insurance policies. 

A severe accident is usually much more expensive. This can be due to a combination of lost income and wages, property damage, and medical treatment and hospital bills. If the victim’s quality of life is severely affected, their attorney will likely ask for a significant amount of non-economic damages for emotional pain and suffering as well. As a general rule, anyone who has been seriously injured in a collision should talk with a lawyer about the best possible course of action to get more specific advice. 

Legal help in the West Palm Beach area

The attorneys at Smith and Vanture have extensive experience in handling all aspects of an accident lawsuit. It is possible for anyone who has been injured to schedule a meeting with the firm to discuss their situation and learn more about civil cases. 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com

Is personal injury protection required on auto insurance policies in South Carolina?

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Charleston, SC – When a driver is purchasing auto insurance, there are a number of things that can be added to a policy to offer additional protection. Personal injury protection is a form of coverage that helps drivers and their passengers with basic medical coverage and other expenses tied to the accident, even if they are at fault. 

Required insurance coverage

Drivers in South Carolina do not need to have personal injury protection to be able to drive legally. They only need to have standard liability coverage that gives protection for bodily injury, property damage, and uninsured drivers. Many commercial auto insurance companies offer personal injury protection and other forms of coverage that help in case of losses due to theft, crime, and other unforeseen problems. Anyone who is about to purchase auto insurance should speak with the provider about all of these options and choose the plan that is best based on their driving habits.  

Why would a driver pay for personal injury protection? 

This is essentially another way of getting financial assistance if it is ever needed after a collision. The PIP coverage can pay for the driver’s medical expenses, passenger’s injuries, and other kinds of losses without having to go through the process to determine fault. As the name implies, the driver is essentially covered for their own personal injuries.  

Car accidents and lawsuits

The main reason for liability coverage is to help drivers who are sued for being at fault pay for any losses or damage that they cause. Without liability coverage, the person would be liable for paying out the damages from the lawsuit out of their own money. Most people cannot realistically afford to do this, so the government requires insurance by law to make sure accident damage is paid for.  

A person who has been injured in a car crash can always try to get legal help and see if a lawsuit is necessary. Personal injury lawsuits can recover amounts that help pay for lost wages, medical treatment, property damage, and other losses that are tied directly to the accident. Especially in situations where insurance will not cover an accident, or pay out enough due to the severity of the damage, lawsuits are often the best way for victims to get financial help. Consulting with a local lawyer is recommended for anyone who is considering a lawsuit tied to a car crash. 

Auto accidents in the Charleston area

The Clekis Law Firm is experienced in all personal injury matters under South Carolina law. After an accident, a meeting with one of their attorneys about compensation and lawsuits is the best way to get started and learn about personal injury cases. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com