When a car accident occurs, if you suffer serious injuries due to someone else’s negligence, you are legally entitled to file a claim against that negligent party to seek monetary compensation for your economic and noneconomic damages. However, before you are awarded any compensation for your losses, you must prove the other party’s liability. You may use evidence and eyewitness testimony to fulfill the burden of proof. In a car accident case, the defendant will have an opportunity to defend themselves against your claim. It is imperative to know common defense strategies to be better prepared. Keep reading to learn more about common defenses and how our skilled Orlando Car Accident Attorneys can help you seek reasonable compensation for your damages.
What are common defenses used in car accident cases in Florida?
Firstly, it is critical to note that Florida has recently enacted tort reform for civil litigation. Essentially, in the past victims had four years from the date of the accident or from the date their injuries were discovered to file a claim against a negligent party. However, now victims have two years to file a claim against a negligent party. In addition, Florida has changed to a modified comparative negligence state. This means you can only pursue legal action against a negligent party if you are less than 50% at fault for an accident. This change is significant as it can affect your ability to recover monetary compensation following a car accident. In most cases, after a car accident, liability disputes arise. The defendant will often claim they were not responsible for the accident or they argue that you were partially at fault for the collision. If you are found more than 50% at fault for a collision, you will be barred from recovering compensation for your losses.
Furthermore, another defense a negligent motorist may use is that you failed to see a doctor or follow a treatment plan. If you neglected to receive medical care or disregarded medical advice, the court may agree with the defendant’s argument that you contributed to the severity of your injuries. This could hurt your credibility. After a car accident, it is imperative to seek medical attention to ensure your injuries are properly treated and no further damage occurs. In addition, you must follow the doctor’s orders. To protect yourself against common defenses, it is important to have the right legal representation. An attorney can help you gather pertinent evidence to support your claim and establish liability.
In the unfortunate event that you are injured in a car accident due to someone else’s negligence, contact an experienced Orlando car accident attorney. Our firm is committed to helping our clients achieve favorable results. Allow our firm to represent your interests today!