Auto Accident Litigation Misconceptions
Important Information for Drivers
If you're one of 250,000 drivers across Florida who has been involved in a car accident this year, you may be facing an auto accident lawsuit. To be confident that you're prepared and your interests are covered, hire a trained automobile accident and personal injury attorney who will ensure that you don't fall victim to any of these auto accident misconceptions. The auto accident attorneys of Vastola & Associates are trained litigators in accident law and are here to help you.
Some Misconceptions:
Settling quickly:
Insurance adjustors will work swiftly to make you an offer intended to cover all of your claims and expenses. Before you accept any offers, carefully calculate your medical expenses, time away from work, property expenses and other damages. To be sure you've included everything, go over your list with an automobile accident attorney. Depending upon the severity of your case, you may have to pursue your settlement through litigation.
Leaving everything up to my attorney and the insurance companies:
If you're an automobile accident victim, you can help ensure that your lawsuit is resolved in your favor. Keep a journal detailing everything you can remember about the auto accident, your medical and incidental expenses, contact information from witnesses and others involved in the accident, the development or healing of your injuries, and pictures of automobile and property damage. You're a valuable asset in helping your attorney piece together the details of your accident for a judge and jury.
Misunderstanding the implications of no-fault insurance claims:
It's true that Florida is a no-fault insurance state, which can limit the scope of your auto accident claim; however, with the guidance of your auto accident attorney, you can determine where modifications to Florida's no-fault law applya particularly if a case goes to litigation.
Assuming that negligence is obvious:
It's not always obvious who is negligent or at fault in an automobile accident, so take care when discussing the circumstances of a car accident. In most automobile accident cases, litigation involves at least two vehicles with drivers and passengers. Both sides may claim negligence and injury. In other cases, litigation may also include a government agency, product failure, or poor repair work. Allow the evidence to determine the accident's cause.
Thinking your settlement will be large. Hundreds of car accidents take place every week. Occasionally, when injury and damages are significant, the accident case may become a lawsuit, however, in 80-90% of the cases, the event is settled out of court. Even if you're injured in a car accident, you may not be entitled to compensation. To determine if your automobile accident claim is suitable for litigation, contact an attorney who has experience in pursuing auto accident and personal injury claims.
Misinterpreting the burden of proof process:
In automobile accident litigation, the burden of proof is structured differently than in a criminal case. In all negligence lawsuits, including auto accidents, the burden of proof is on the plaintiff. In car accident litigation, the plaintiff's attorney is the first to present evidence to infer that the defendant was negligent. The standard of proof in auto accident cases is based on a "preponderance of the evidence" rather than the "beyond a reasonable doubt" needed in criminal cases. Understanding this difference will help you follow the guidance of your automobile accident attorney.
These are just a few instances where it's important to understand the litigation process for automobile accidents and similar negligence cases. If you're involved in an automobile accident that involves personal injury and property damage, you should enlist the assistance of a car accident and personal injury lawyer familiar with the court system.
