Identifying Fault with an Accident Lawyer in Live Oak, FL

by | May 30, 2020 | Lawyers

The state of Florida requires all accident victims to file a claim within the two-year statute of limitations. This includes automobile accidents. The state provides the ability to file a lawsuit for damages under their fault ruling. All victims who wish to file a claim for auto accidents should acquire an accident report from law enforcement.

Fault-Based Accident Rulings

Under Florida laws, law enforcement must investigate all auto accidents to determine fault. When the fault is discovered, they must complete an accident report to detail the events leading to the accident. All drivers involved are required to submit an accident report to their auto insurance carrier.

The driver identified as at-fault is responsible for acquiring coverage through their insurer for all victims who were injured. This includes medical treatment following the accident, continued treatment, and automobile repairs. If any additional structures were damaged during the accident, the report should include this damage. Victims of these accidents should contact an accident lawyer in Live Oak, FL immediately.

Identifying Comparative Fault

Comparative fault indicates that a party other than the driver identified in the lawsuit could have caused the accident. The most common reasons for comparative fault are moving violations. If the defendant in a personal injury claim proves that the victim shared the fault, the monetary award is reduced.

The court assigns a percentage according to what violation occurred. The settlement is decreased by this percentage. If the value is fifty percent or greater, the victim won’t receive a settlement or monetary award.

Permanent Injuries or Disabilities

In cases in which a permanent injuries or disability occurs, the insurance carrier for the at-fault driver provides a larger settlement. If the attorney proves that the driver was accountable for these injuries, their insurance policy must provide a value that reflects their earning capacity throughout their entire lives.

Accident victims maintain the legal right to sue the accountable driver for two years. If they fail to file a claim, the court may throw out any further attempts to seek damages. This is why all victims are encouraged to file a claim as quickly as possible. To start a claim, contact Duane E. Thomas, Attorney at Law to hire an accident lawyer in Live Oak, FL right now.

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