Drivers who violate the rules of the road can face legal consequences for their oversights. In most cases, violating roadway law also sees drivers or similar parties violate the duty of care that they owe to others. Car accident survivors can cite this violated duty of care as a reason to pursue a civil case against the party responsible for their losses.
Filing a civil car accident case can secure you the financial support you need to contend with your post-accident bills. It’s not always easy to begin a car accident complaint, though. Fortunately, you can collaborate with a Viles & Beckman, LLC, car accident attorney in Hendry County to bring your complaint together before your deadline passes.
Duty of Care on the Road
Duty of care and the rules of the road go hand-in-hand, but they’re not the same thing. The rules of the road, or roadway laws, dictate what behaviors drivers can be legally punished for engaging in. These behaviors can range from speeding to improper lane usage to the deliberate endangerment of others.
Duty of care, comparatively, represents a social contract brought up between all parties on the road. This social contract states that all parties must make a reasonable effort to protect one another from harm, whether those parties are behind the wheel of a car, on the sidewalk, or otherwise engaging with the motorway.
No party can face criminal charges for violating a roadway duty of care. However, the violation thereof can see the offending party brought forward in civil court. There, the offending party may be found responsible for someone else’s car accident and thus be liable for the expenses that come along with a victim’s recovery.
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Proving Negligence in a Car Accident Civil Claim
If you, as a car accident survivor, want to bring a claim forward in civil court, you need to use evidence to indicate that:
- You were owed a duty of care by another party on the road
- The party you name in your complaint violated that aforementioned duty
- The violation of another person’s duty of care resulted in your injury and/or personal losses
- Your injury and/or personal losses have displayable value
It’s the job of the Hendry County, FL, car accident lawyer on the scene to gather evidence of the aforementioned points on your behalf. Specifically, our team can wrangle bystanders, call on expert witnesses, and bring forward physical debris to tell the story of your accident.
In some cases, we can even secure footage of your accident courtesy of the cameras in stoplights and storefront security systems. We can then integrate this evidence into your civil complaint, thus indicating who you want to hold liable for your losses and on what grounds you intend to bring your case forward.
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Negligence Can Give You The Right to Post-Accident Compensation
The losses you endured in your car accident can force you to contend with bills for months or even years after your accident. Fortunately, Florida civil courts allow you to demand that a liable party help you contend with those expenses. The car accident claim you file specifically makes it easier for you to recover the funds to address:
- Car accident medical expenses
- The value of property damaged, lost, and/or in need of repair
- The cost of at-home assistance needed to restore your previous quality of life
- Lost wages or opportunity to work
- Emotional distress
- Stress and/or PTSD
- Pain and suffering
- Wrongful death and funeral expenses, if appropriate
You Must Demand Compensation For Car Accident Losses Within Four Years of Your Accident
Florida courts want to keep the civil cases that come before their judges relevant to day-to-day proceedings. As such, you have a limited amount of time to bring your car accident claim forward. Specifically, Florida Statutes §95.11 states that victims of personal injury accidents, including car accidents, must bring their claims forward within four years of their accidents.
You do not have to use the full four years to gather evidence supporting your accident claim. In fact, survivors who work with car accident attorneys in Hendry County can often turn in their complaints long before this deadline.
What Happens If You Miss Your Car Accident Filing Deadline?
You need to take this deadline seriously, though. An attempt to file a car accident claim outside of Florida’s personal injury statute of limitations may be waved away without consideration. Even if you have evidence of negligence and the value of your losses, your case can expire upon the passing of your statute of limitations.
If you suspect your statute of limitations is about to pass or that you may have missed it already, contact our team today. We can discuss the nature of your accident and help you determine what roads to post-accident compensation remain available to you.
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Why Survivors Choose to Pursue Car Accident Claims
Car accident survivors often choose to pursue car accident claims because said claims can secure them the financial support they need to ease their recovery. There are other reasons, however, that car accident claims are considered a boon to accident survivors. Car accidents can make your life feel as though it’s out of control. Complaints give you some control back.
Specifically, victims of car accidents can use a complaint to dictate more than how much compensation they want for their losses. Your claim can also give you power over how you secure those funds. For example, you may prefer to meet with the party liable for your accident outside of court for car settlement negotiations.
If you need additional support, you may alternatively choose to place your car accident case in the hands of a judge and jury. There is no “best” way to go about securing the financial support you need to recover, only the ways that suit you and your circumstances best.
Car Accident Lawyers Stand Up For You
Taking a car accident claim before a civil judge can be a lengthy and intimidating process. You deserve the opportunity to pursue justice, though, after an accident resulting from someone else’s negligence. Let the car accident lawyers in Hendry County guide you through the process of both bringing your claim forward and fighting for the compensation you deserve.
You can learn more about what rights car accident survivors have to financial support alongside the team with Viles & Beckman, LLC. We encourage car accident victims to schedule free case consultations with our team as soon as they can after their accident. If you’re ready to reach out, contact us through our website or by calling our office today.
Call or text (239) 334-3933 or complete a Free Case Evaluation form