Law Offices of Nooney Roberts Hewett & Nowicki :

CAR ACCIDENT CLAIMS 101

Thousands of car accidents happen every year in the United States. Some accidents will lead to
serious injury or disability, and others, unfortunately, can be fatal.


Although many government agencies in Florida work toward road and driver safety, motor
vehicle accidents unfortunately still happen. Texting while driving, distracted driving, failure to
obey traffic laws, and poor weather conditions are just a few of many factors that can contribute
to car accidents.


If you were recently in a car accident in Florida and suffered an injury, you should consider
filing a personal injury claim. Compensation awarded in car accident claims can help pay for
medical expenses, long-term medical care, and other types of damages not covered by your
Florida personal injury protection (PIP) insurance plan.

Each car accident is unique in its nature because there are many factors at play. This means that
each automobile accident claim will also be unique. All contributing factors and specific details
must be considered regarding your claim. Factors that may affect a car accident claim include:


Things that May Affect your Automobile Accident Claim

  • condition of the vehicle and its parts
  • if driver error was to blame
  • if drunk driving was involved
  • if there were any distractions while driving
  • lack of signs or traffic signals where the crash occurred
  • weather poor road conditions

These factors can make a vast difference to your claim, which is why our team always works personally with our clients to provide a full investigation. Navigating the intricacies of insuranceis no easy feat, especially for those who are struggling with an injury. For this reason, selecting an excellent personal injury law firm in Florida is crucial to your case.

Types of Car Accident Claims


Unfortunately, most car accidents happen due to driver negligence. Because of this, your Florida
car accident attorney must provide a thorough investigation following the accident.


Negligence


You can vastly increase your chance of winning your personal injury claim if your Florida auto
accident attorney can prove negligence on the part of the defendant (the other driver/motorist).
Some examples of negligence include drunk driving, distracted driving, failure to yield, etc.


Defective Car Parts


If your car, or the defendant’s car, had a defective part before the accident occurred, you may
have a claim against the vehicle manufacturer. To prove a defective car claim, the driver must
not be at fault and your car accident lawyer must be able to prove the defective part was a direct
cause of the accident due to a manufacturing issue.


While this two-part claim seems complicated, it is possible to win a claim for such an accident. If
an accident occurred due to faulty car parts, the manufacturer of the car can be considered at
fault regardless of which driver caused the accident.


Road Conditions, Design, Or Faulty Construction


Although the State of Florida allocates large sums toward road maintenance each year, car
accidents still occur due to faulty road design, conditions, and construction. When this happens,
and no other factors were at play, the driver is not considered responsible. Faulty traffic signals,
lack of proper signs, or problems with the design or maintenance of the roads are all factors that
can contribute to compensation for a related automobile accident.


Injuries from Car Accidents


Each car accident is caused by different factors and can result in many injuries. Unfortunately,
treatment for certain injuries is not always covered by your insurance policy.
Injuries you may sustain in a motor vehicle accident include:

  • burns
  • head trauma
  • broken bones
  • joint or muscle injury/damage
  • neck or back damage
  • whiplash
  • scarring
  • disability
  • loss of limbs
  • damage to the spinal cord
  • paralysis

In some cases, injuries resulting from a car accident entitle the injured party to compensation.
However, pursuing a claim with the negligent party’s insurance company may be difficult as
they will be looking out for their interests when it comes to paying out. For this reason, it is
important to work honestly with your Florida auto accident lawyer, providing all the necessary
information to make the most effective claim.


Compensation Following a Car Accident


If your personal injury lawyer and the insurance company cannot reach an agreement for your
claim, it may be necessary to take the case to trial (court). Keep in mind that before the case is
settled, expenses and charges related to your incident can often mount.

An excellent Florida car accident attorney, such as those at Nooney, Roberts, Hewett & Nowicki
can help you recover as much of these costs as possible. The compensation you may be entitled
to from your personal injury claim include:

  • pain and suffering
  • lost wages
  • current and future medical expenses
  • loss of future earning ability
  • mental anguish related to the incident
  • punitive damages
  • wrongful death

What to Do After a Car Accident in Florida


If you’ve just been in a car accident, you may be pretty nervous and possibly injured. It is
important to make sure you are safe and unharmed. There are a few steps to take right away
which can make filing a personal injury claim easier for you.


First, move your vehicle out of the roadway, if possible. Then, help any passengers in your
vehicle or passengers who may be injured in the vehicles involved. Call 911 to make sure
emergency personnel are dispatched to the accident scene.

Carefully approach anyone else involved in the accident to exchange contact and insurance
information. Make sure to get their vehicle’s license plate number, name, and phone number.

If your phone is at hand and you are physically able, take photos of the scene of the crash and
your vehicle and any other vehicles involved. Do not turn in a statement to your insurance just
yet— be sure to wait until you have contacted our office which handles car accident cases first.

It is highly important that you ignore any attempts to settle damages with a personal payoff or to
leave the police out of the accident. This can be of utmost importance to your case.

Legal Steps to Take After a Car Accident


Insurance companies may be unwilling to meet your claim or may present many reasons to avoid
compensating you after an automobile accident. While insurance companies are always securing
their interests, you may have the right to a claim based on any number of factors related to your
incident.


It is important to seek legal advice immediately to not lose time on your claim. At Nooney,
Roberts, Hewett & Nowicki, lawyers who specialize in automobile accidents will obtain any
information necessary to pursue your claim and deal with the complexities of insurance
companies for you.


Filing a Personal Auto Injury Claim


As with many court-related tasks, filing a claim can be confusing. First, you will need to know if
you are filing a claim against another party, a car manufacturer, parts manufacturer, or the county
or state due to road conditions.


This process can be intimidating, especially if you are still struggling with your injury. The team
at Nooney, Roberts, Hewett & Nowicki can ease this task by helping with filing your personal
injury claim. Once the claim is filed, our car accident attorneys can begin investigating the
accident and communicating with the insurance company and/or other parties involved in the
case.


How a Florida Car Accident Attorney Can Help


Once your claim has been filed and the car accident investigated, our team of experts can assist
you in many ways. You may be wondering if seeking legal aid for your claim is even necessary.
However, getting help with your personal injury claim increases the chances that you will
recover damages and receive compensation.

Negotiating the Best Offer


If you pursue your claim alone, an insurance company may sell short your compensation offer,
assuming you will take the offer to be done fighting

When you work with us, we pursue your claim to ensure all damages are addressed in your claim
offer. Our attorneys will not be intimidated by insurance companies and will challenge them
until the best offer is made.


Defending Your Personal Injury Claim in Court


If a settlement cannot be reached for your claim, it may be necessary to take the claim to trial
(court). We are capable and prepared to defend your claim and help you recover the greatest
amount in compensation according to your suffered damages.


Best Florida Auto Accident Lawyers Near You


When searching for legal help for a car accident claim, you may first research a list of car
accident attorneys near you who can offer a free case evaluation.


With over 35 years of experience, Nooney, Roberts, Hewett & Nowicki has been given an
outstanding rating of 10/10 and rated as a 5-star law firm.


Contact Us!


If you are seeking legal help following a Florida car accident, contact the law firm of Nooney,
Roberts, Hewett & Nowicki for a confidential, free consultation.

1680 Emerson St
Jacksonville, FL 32207
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