Winter Haven Car Accidents
A car accident can be a jarring, traumatic experience, leaving you injured and unable to work. You may be facing mounting medical bills, pain, disability, and uncertainty about your future. You can rely on a knowledgeable and dedicated Winter Haven car crash lawyer to provide the advice and representation necessary to guide you through the claims process and ensure that you are not left footing the bill after you were injured by a negligent driver.
The Winter Haven car accident attorney at The Turnbull Firm has a long history of recovering significant damages for clients injured in Florida car accidents. Winter Haven personal injury lawyer Sanga Turnbull has decades of experience litigating personal injury matters in Florida. We take an aggressive, results-oriented approach, focusing on what we can do to build your case, negotiate your claims, and secure the best outcome for you and your family.
Recovering Damages After a Car Accident
If you were hurt in a car crash in Florida, you have two main options to recover compensation: (1) file a personal injury protection (PIP) claim with your auto insurance provider, which covers you regardless of fault; (2) file a claim directly against the other driver(s) involved in the accident. To sue another driver directly, you must satisfy certain criteria, and you must demonstrate that the accident was the fault of the other driver.
Proving Fault in a Florida Car Crash
In order to bring a claim against another driver, you must demonstrate that the other driver was at fault for the accident. You may show, for example, that the other driver failed to stop at a red light, was driving while intoxicated or while texting, swerved into your lane inappropriately, was driving erratically, or otherwise caused the accident due to their negligence. Proving fault can be a difficult and complicated matter, relying on the testimony of pedestrians, passengers, or other drivers, as well as other evidence such as traffic camera footage. The seasoned car accident lawyer at The Turnbull Firm has years of experience gathering evidence and demonstrating fault in car accidents.
Even if you were partially at fault, you might still recover some of your damages. Florida follows what is known as a “pure comparative fault” rule in car accident cases. This means that a factfinder (either judge or jury) will determine both the total damages suffered by a plaintiff (based on lost wages, medical expenses, pain and suffering, etc.) and also the percentage of fault of each driver. As the plaintiff, your total damages will be offset by your percentage of fault.
For example: The jury finds that you suffered $100,000 in damages after being hit by a drunk driver. The jury also finds, however, that you were texting while driving just before the accident, and decides that you were 30 percent responsible for the accident while the drunk driver was 70 percent at fault. Your damages would be reduced by your 30 percent of the fault, to a total of $70,000. Because Florida follows “pure” comparative fault, you could technically recover even if a jury finds you 90 percent at fault—but you would recover only ten percent of your damages.
Comparative negligence will also affect the estimations and offers from an insurance claims adjuster. Insurance providers will tailor their payouts and settlement offers based in large part on what they expect to happen in court. The more you can prove the other driver was at fault, and the less responsibility you carry for the accident, the stronger your case will be, and the more you may recover in damages. The Turnbull Firm will help you prepare and argue the strongest case to either the insurance company or the court in order to maximize your potential recovery, and we will not let a low-balling defendant or insurer get away with underpaying your claim.
Helping Clients Recover After a Winter Haven Car Crash
If you or a loved one has been injured in a traffic accident in Central Florida, you need to start building your case as soon as possible. The dedicated Winter Haven car accident attorney at The Turnbull Firm is ready to fight for your rights and maximize your recovery. If you were hurt by someone else’s negligence, you have the right to recover damages for the harm you have suffered, and we are here to help. Call The Turnbull Firm today to schedule a free consultation.