North Tampa Auto Accident Lawyer
Every year, vehicle collisions kill or seriously injure millions of people in the United States. Many of these victims sustain permanent injuries in these collisions. These victims need and deserve compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. However, in the immediate wake of an accident, financial compensation is usually the last thing on a victim’s mind.
Victims and families have immediate needs. At a minimum, they must begin medical treatment and obtain alternative transportation. The diligent North Tampa auto accident lawyer at the Rinaldo Law Group get to work quickly in these areas. We connect victims with top doctors, even if they have no insurance or money. We do the same thing regarding vehicle replacement. We quickly work to obtain the interim transportation you need, as opposed to the transportation an insurance company is willing to pay for.
Evidence in Car Wreck Claims
To obtain compensation for car crash injuries, victim/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Therefore, all solid claims hinge on credible evidence. The more proof a victim/plaintiff presents, the more compensation jurors usually award.
Traditionally, the evidence in a car wreck claim is the police accident report, witness statements, and medical bills. Frequently, these items are sufficient. Other times, there are issues in at least one area.
Medical bills are a good illustration. These documents almost always include financial data, as well as diagnosis and treatment information. However, some medical bills are basically computer printouts. They include no personal notes about how the victim responded to a certain treatment or the victim’s pain level at certain times. Furthermore, doctors usually just oversee care. Once victims leave the hospital, they might only see their doctors once a month.
Non-crash witnesses could fill in the gaps. Friends and family members probably know nothing about the accident. They may not know very much about the medical angle either. But they know a lot about how the injury affects the victim. This testimony could be the difference between maximum compensation and settling for less.
Other supplemental proof in car wreck claims could include surveillance camera footage and additional electronic evidence.
Liability Issues
First party liability in a car wreck claim usually involves the ordinary negligence doctrine, which is a lack of care, or the negligence per se rule, which is a violation of a safety law. For example, if a tortfeasor breaks the cell phone law and causes a crash, that driver could be liable for damages as a matter of law. Otherwise, the victim/plaintiff must use evidence to prove a lack of reasonable care.
Florida’s dram shop law is a good illustration of third party liability principles. If a bar, restaurant, or other commercial alcohol provider sold alcohol to someone who was habitually addicted to this substance, the provider could be liable for damages if the patron causes a wreck.
Liability not only depends on evidence, as outlined above. This proof must be strong enough to overcome some common insurance company defenses, such as the seat belt defense. Victim/plaintiffs in these situations must prove that the tortfeasor’s negligence, as opposed to their failure to wear a seat belt, substantially caused their injuries.
Reach Out to a Dedicated Hillsborough County Lawyer
Injury victims deserve fair compensation for their serious injuries. For a free consultation with an experienced North Tampa auto accident attorney, contact the Rinaldo Law Group. We do not charge upfront legal fees in these matters.
