If you are suffering injuries after a car accident in Clearwater, a lawyer from our firm can help you seek financial recovery from the party who caused your accident. For many car accident victims, you may have neck pain, back pain, or injury to another part of your body. You may also have life-altering injuries, such as traumatic brain injuries (TBIs) or spinal cord injuries that can mean a lifetime of care costs and medical expenses. It can also mean a drastic change in lifestyle and an inability to work.
The attorneys at Distasio Law Firm help people who want to seek legal recovery after being in a car accident to restore their lives and health after a traumatic experience. We have been helping clients in Clearwater, Florida since 2008. We invite you to learn more about us during a free consultation.
For a free legal consultation with a car accidents lawyer serving Clearwater, call (813) 259-0022
What Damages You Could Recover from Your Car Accident?
If your Clearwater car accident caused you injury, you could seek to recover economic damages, such as your medical costs. These include:
- Emergency care and treatment from the accident scene to the hospital
- Your hospital or rehabilitation center stay
- Various tests and procedures you undergo
- Surgery required to treat your injuries
- Physical and occupational therapy for your injuries
You also may be able to recover non-economic damages, which have no dollar amount on their own. “Pain and suffering” is the most widely known of these kinds of damages. Others include:
- Mental anguish
- Emotional distress
- Physical disfigurement or scarring
- Permanent disability
- Loss of companionship
- Loss of life enjoyment
Wrongful Death Damages
If a loved one died from injuries suffered in a car accident, we can help you file a wrongful death lawsuit. If you win, you could recover compensation for:
- The cost of the medical care your loved one received
- Funeral and burial costs
- Loss of financial protection for the spouse and children of the deceased
- Loss of companionship
- Loss of parental guidance and instruction
Clearwater Car Accidents Lawyer Near Me (813) 259-0022
What are Statute of Limitations for Florida Car Accident Cases ?
If you want to seek compensation after your car accident, you must file your lawsuit by the deadline outlined in Florida’s statute of limitations. Per Florida Statutes §95.11(3)(a), you have four years to file an injury lawsuit. If you are filing a wrongful death lawsuit, you have two years to do so (Florida Statutes §95.11(4)(d)).
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How Our Clearwater Car Accident Lawyers Can Help You Negotiate a Fair Settlement
Our injury lawyers who handle Clearwater car accident cases can help you:
- Take legal action to recover compensation for your medical bills, lost wages, and property damage
- Negotiate a fair settlement from an insurance company or liable party
- Prepare and file a lawsuit on your behalf if we are unable to settle your claim with the insurance company
- Represent you in all legal proceedings
- Handle all communications on your behalf with all parties involved in your case
A lawyer with our firm can also help you seek to recover lost wages and put money back into your pocket to compensate you for your losses.
Dealing with the Insurance Company
To seek compensation after a car accident in the Clearwater area, you will need to start a claim with the at-fault party’s insurance company. If the liable party does not have enough coverage and you purchased an uninsured motorist policy, you may also be able to file with your own insurance company.
This can be a daunting process for most people because insurance companies may take advantage of claimants’ inexperience with this type of claim. As a result, going through the process without a lawyer can lead to lower compensation.
A lawyer can help protect your rights and represent you when negotiating with your and the other driver’s insurance company. If the insurance companies fail to do the right thing, our team can file a lawsuit and hold the wrongdoer accountable for causing your injuries.
As such, a legal claim or lawsuit will follow several stages, which we will guide you through. First, our team will gather evidence.
Gathering Evidence to Strengthen Your Case
During the discovery phase of your case, a car accident lawyer serving Clearwater from our firm will:
- Investigate the circumstances of the accident
- Review documents about the accident, including the official police report
- Gather facts of what happened
- Take photographs, video footage, and any other visual evidence
- Interview witnesses and compile their statements
- Collect any evidence you have of financial costs (medical and rehabilitation bills, damages to your car, etc.)
- Request your medical records
- Seek an expert’s professional opinion
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Establishing Fault Is Critical to Your Car Accident Case
Before you can hold another party accountable for your accident and injuries, you must prove they are responsible for causing them. We can manage your case entirely and help you prove fault in your case. Having evidence can back up your claims and allows us to build a strong case for your compensation.
We will review your evidence and collect additional evidence on your behalf. Forms of evidence we could use to prove your case include:
- Surveillance footage from a nearby security camera that recorded your Clearwater car accident
- Mechanic repair invoices and receipts
The goal is to bring forth proof that the opposed party caused your accident. If your case meets the four elements of negligence, you will have grounds to pursue your damages.
Elements of Negligence in a Car Accident Case
Negligence means the opposed party acted with a lack of care or reckless disregard that caused your accident. The elements that point to negligence include:
- Duty of care. We will have to prove that the other party owed you a duty of care while on the road.
- Breach of duty of care. The next element involves proving that the person breached their duty of care when they failed to keep you
- This element of negligence shows how the liable party’s breach caused your accident.
- As a result of the accident, you suffered injuries and losses that can be remedied by monetary compensation.
If we can help you prove all four of these elements, you likely have a case. Once the discovery phase is complete, a lawyer from our team will organize your case and present it to the insurance company for settlement. This period between making a claim and settling your case can be stressful.
During this time, you will likely have questions. If so, we are here for you. A Distasio Law Firm lawyer will always be available to address your concerns.
Will You Have to Go to Trial?
Most cases settle without having to file a lawsuit or going to trial. Yet, sometimes, the only way to hold the wrongdoer accountable is to sue the liable party. At Distasio Law Firm, we have the willingness, ability, and financial resources to go all the way to trial on behalf of our clients.
If you have any questions regarding the trial process, a car accident lawyer at our firm can take you through the finer points of your case and explain any Florida laws that apply. We recommend that you reach out to us about your car accident as soon as you can. Legal representation can make life after a car accident easier to manage.
You can speak with a Distasio Law Firm team member for more information.
Call the Attorneys at Distasio Law Firm for Legal Help Today
At Distasio Law Firm, we take the time to understand your case so that we can personalize your experience, look out for your interests, and protect your rights at all times. We dedicate our time and resources toward getting justice for your or your loved one’s injuries. Our team will be with you throughout the process.
To learn more about your legal options during a free case review, give our legal team a call today.