A car accident can be a traumatic experience, often leaving victims with physical injuries, emotional distress, and financial burdens. If a collision caused fatal injuries, surviving family members are left to struggle with the loss of a loved one for a lifetime. In the aftermath of a collision, an injured victim or surviving family member often wonders whether pursuing a lawsuit is the right choice. Deciding whether to pursue legal action is a significant decision that requires careful consideration of various factors and should include consultation with an experienced Boca Raton car accident lawyer.
As an injured victim or surviving family member in the case of a fatal accident, you could be entitled to compensation from the party or parties responsible for the collision. We know it can be difficult to know how to proceed following a car accident. Pursuing legal action can sound daunting when you are also focused on arranging for medical treatment or managing the loss of a family member. An experienced Boca Raton car accident lawyer at Demand the Limits can review the facts surrounding the collision and explain your legal options and discuss the compensation that might be available to you.
When Is Another Party Potentially Liable for a Boca Raton Car Accident?
One of the first things to consider when deciding whether to sue for a Boca Raton car accident is whether another party could be held legally liable for the collision. Although we customarily use the term car “accident,” most collisions are not true accidents. Instead, collisions usually occur because of negligent conduct on the part of one or more parties. Negligence is a legal term that requires you to prove the following:
- That a party owed a legal duty of care to you.
- That the party breached that duty of care.
- That you suffered injuries or loss because of that breach of duty.
- Damages (injuries)
One of the many reasons to consult with a Boca Raton car accident lawyer if you are considering a lawsuit is to get the lawyer’s legal opinion regarding the existence of actionable negligent conduct. Certain conduct, such as driving while under the influence of drugs or alcohol and texting while driving clearly establish a party’s negligent behavior; however, the issue of negligence is not always as clear-cut, highlighting the importance of consulting with an experienced attorney after being injured in a car accident.
Can I Still Sue If I Was Partially at Fault in a Boca Raton Car Accident?
Not only can it be difficult to determine if a party was negligent, but sometimes the negligence of more than one party contributed to an accident. It could even be the case that your own negligence contributed to the Boca Raton car accident that resulted in your injuries. That does not, however, preclude you from pursuing a lawsuit against another negligent party. Florida law follows the comparative fault doctrine which allows an injured victim to pursue compensation if their share of the fault is less than 50 percent. In other words, as long as another party or parties were more than 50 percent at fault in the accident you can pursue compensation. The amount of compensation you receive, however, will be reduced in accordance with your degree of fault. By way of illustration, assume that you were injured in a three-vehicle accident, and you have $100,000 in damages. If it is determined that you were 20 percent at fault in the collision you would only be entitled to collect $80,000 in damages from the other two parties in proportion to their fault.
How Does Florida’s No-Fault Insurance Law Affect My Ability to Sue for a Boca Raton Car Accident?
Another important factor to consider when considering a lawsuit following a Boca Raton car accident is the applicability of the Florida no-fault insurance law that requires all drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. A driver’s own PIP coverage is intended to cover medical bills and lost wages up to $10,000 without regard to who was at fault in a car accident. If your injuries fall under the no-fault law, your options for compensation are restricted to filing a PIP claim. You can, however, leave the no-fault insurance system and pursue a traditional car accident lawsuit if your injuries qualify under the law’s “serious injury” threshold which requires you to have suffered any of the following:
- Significant and permanent loss of an important bodily function.
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Death.
Can I Sue If a Family Member Was Killed in a Boca Raton Car Accident?
If you are suffering the painful loss of a family member who was fatally injured in a Boca Raton car accident, you may also be wondering if you should file a lawsuit. The Florida Wrongful Death Act (FWDA) allows certain people to pursue compensation if a death was “wrongful,” defined as “…the death of a person that is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued…”
An experienced Boca Raton car accident lawyer can help you determine if the death of your loved one qualifies as a wrongful death for purposes of a lawsuit. You also must be one of the people entitled under the FWDA to recover damages in a wrongful death lawsuit, meaning you must be one of the following:
- The decedent’s spouse.
- The decedent’s child.
- The decedent’s parent.
- A blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support.
- A child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
Get Help from an Experienced Boca Raton Car Accident Lawyer
If you were injured or lost a family member in a Boca Raton car accident, and you are contemplating a lawsuit, take the time to discuss the facts of your potential case with an experienced Boca Raton car accident lawyer at Demand the Limits to better understand your legal options.
At Demand the Limits, we are dedicated to helping those who were injured or suffered a loss because of a car accident. Our experienced Boca Raton car accident lawyers have extensive experience with all types of car accident cases. We fight hard to defend the legal rights of all Boca Raton injury victims. Call (561) 600-3555 or contact us online to schedule your free case evaluation. Don’t delay – the sooner you have an attorney fighting for you, the better protected your legal rights will be.
