For most of us, traveling by car is part of our daily lives and something we cannot avoid. Each time we get behind the wheel, however, we face a broad range of dangers, including the possibility that another driver’s negligence will cause us harm. Even when you are doing your best to drive cautiously and watch for any hazards, sometimes becoming the victim of a crash is entirely unavoidable. At the Law Offices of Adam Baron, we understand how devastating this can be for you and your family and the financial disruption that it can cause. Our team of experienced personal injury attorneys has assisted many car accident victims in Naples and the surrounding cities with asserting their rights.Seeking Compensation from a Negligent Driver
A car accident lawsuit is a type of personal injury case, and it usually requires a plaintiff to prove four main elements. The first element involves showing that the defendant did not act according to the duty of care that he or she owed to the victim at the time of the crash. In situations involving the operation of a motor vehicle, the duty typically requires each of us to demonstrate the same level of precaution that a reasonably prudent driver would use in similar circumstances. This takes into consideration the weather, road conditions, and hazards that existed at the time of the crash. Additionally, any time a driver fails to comply with applicable laws, such as speed limits or yield signs, the defendant most likely acted negligently. A reasonably prudent driver would not be expected to break the law.
After showing that the defendant breached the duty of care, the plaintiff will need to prove that his or her injuries would not have occurred but for the defendant’s failure to comply with the appropriate standard. This element is also known as causation. It contains a foreseeability analysis as well.
The last step in seeking damages involves establishing with some specificity the amount of costs and losses that the plaintiff suffered as a result of the crash. In most cases, this includes medical bills, lost wages, property damage, and subjective pain and suffering experienced by the victim. If the plaintiff is unable to return to work as a result of his or her severe injuries, the defendant may be required to provide the plaintiff with compensation for his or her loss of future earning capacity.
In the unfortunate circumstance that an occupant of the vehicle lost his or her life as a result of the accident, Florida law allows the decedent’s surviving heirs to bring a claim seeking compensation for their loved one’s wrongful death. This claim compensates the surviving heirs for damages based on their relationship with their loved one in addition to funeral and burial expenses.Consult a Naples Attorney after a Car Accident
If you or someone you love has been injured in a car or truck accident in the Naples area, our knowledgeable lawyers can guide you through the process of seeking compensation. At the Law Offices of Adam Baron, we have helped many injured individuals investigate the circumstances of a crash, collect evidence, and negotiate with the defendant and any insurance companies involved. We proudly serve individuals and families throughout South Florida, including in Coral Springs, Miami, North Miami Beach, and other areas of Broward and Miami-Dade Counties. Contact us online or call us now to set up a free consultation. We are available in Broward County at (954) 247-4878, in Miami-Dade County at (305) 770-2131, and in Naples/Fort Myers at (239) 352-5511.
- Distracted Driving Accidents
- Pedestrian Accidents
- DUI Accidents
- Failure to Yield Accidents
- Head-On Collisions
- Rear-end Collisions
- Side Impact Accidents
- Fatal Car Accidents
- Speeding Collisions
- Highway Accidents
- Teen Driver Accidents
- SUV Rollover Accidents
- Uninsured/Underinsured Motorist Accidents
- Aggressive Driving Accidents
- Rush Hour Accidents
- Common Injuries in Car Accidents
- Texting While Driving Accidents
- Tailgating Accidents
- Work Zone Accidents
- Accidents Caused by Traffic Signal Violations
- Backover Accidents