If you've been injured in an accident in Wellington, you may wonder if you even need a Wellington car accident attorney for your claim, especially if an insurance company is involved and has said that it will represent you. The answer is yes, you do. And you should obtain one as soon as possible. 

That's because, no matter what they say, insurance companies—and their lawyers—aren't really representing you. At the end of the day, they represent the insurance company, like State Farm insurance. And litigating a personal injury case still costs them money, even if the other driver is at fault, so insurers want to settle as many cases as fast (and as cheaply) as possible.

You need someone who represents you and has your best interests at heart.

Injured in a Wellington car accident? 561-588-2781  Free Consultation

“No-Fault”≠ No Responsibility: You Can Hold the Driver Accountable

When we first speak to those seriously injured in a car accident, we often hear them say they believe that, since Florida is a “no-fault” state when it comes to car insurance, they can't sue anyone for their accident. Instead, they feel like the system is holding them responsible for their injuries since their insurance company must pay for the damage—that someone else caused.

It is important to understand that Florida's “No-Fault” Insurance Law does not prevent you from suing the responsible driver. You can, for example, still sue a driver for negligence—they failed to take the necessary care during the operation of their vehicle.

Furthermore, when appropriate, you may also be able to sue other individuals or entities who may have contributed to your accident.

For example, if you were in an accident on the Florida Turnpike or I-95 that involved a tractor-trailer or another commercial vehicle, we would consider suing both the driver and the company that owns the vehicle. We would look into the company's history of car accidents and vehicle safety, policies, maintenance records, and more.

We may want to learn if either your car or the other involved cars had any maintenance or design issues that could have played a role in the accident. Faulty brakes may, as an example, make an accident more likely to occur. Whether by design or installation, a flawed seat belt could have impacted your injuries—even causing injuries rather than preventing them. If that was the case, then the manufacturer or a mechanic could be someone else to involve in the litigation.  

And it's possible other hidden factors, such as a poorly maintained road or missing guardrail, may have also contributed to the severity of your accident. If so, those responsible might also be potential defendants.

In other words, the “no-fault” statute limits some litigation, but you can still sue those at fault.  

Injured in a Wellington car accident? - 561-588-2781

Shared Responsibility ≠ No Responsibility

Another reason car accident victims are sometimes reluctant to file a personal injury lawsuit: They blame themselves for their accident. These drivers feel like they should have done more to prevent the accident. Or they worry that they bear at least some responsibility for the accident. That wouldn't be surprising since researchers estimate that about 87% of us are doing at least one risky behavior while driving, such as talking on the phone or eating. And more than 50% of us admit to driving faster than the posted speed limits.

But, as a matter of Florida law, even if you did do something that contributed to your accident, that does not disqualify you from suing the other driver. What you did, or did not do, does not change what they did, or did not, do. And you're entitled to demand compensation for what they did.

If you did something that contributed to the accident, the most that would happen is that the court would reduce your amount of recovery. So, for instance, if your speeding was 10% of the reason there was an accident, you would still be entitled to 90% of what you would have received if you hadn't been speeding. 

While blaming yourself is understandable, do not let remorse stand in your way of getting a personal injury attorney to represent you. Don't take this all upon yourself.

You need experienced investigators to figure out what happened. It could be that the accident is not your fault, and the blame you feel is just one more injury that someone else caused. That, then, could be one more reason you are entitled to compensation.

Injured in a Wellington car accident? - 561-588-2781

You May Be Entitled to Compensation for Your Wellington Car Accident Injuries

As a victim of a Wellington car accident, you may be entitled to compensatory damages. “Economic damages” reimburse you for the money you have lost due to your injury, such as due to reduced wages due to missed work, money paid for hospital bills, and so on.

You may also be entitled to “Non-economic damages,” which is money related to your pain and suffering. However, in the case of car accidents, Florida does limit the availability of non-economic damages. They are only available if at least one of these apply:

  1. You've had significant and permanent loss of an important bodily function.
  2. You have significant and permanent scarring or disfigurement.
  3. Within a reasonable degree of medical probability, you have a permanent injury that goes beyond scarring or disfigurement.
  4. The injured party died as a result of the accident.

Additionally, while punitive damages are rarely awarded, it is possible to receive them if circumstances warrant.

Injured in a Wellington car accident? - 561-588-2781

As Wellington Car Accident Lawyers, We Represent a Broad Range of Car Accident and Other Personal Injury Related Matters  

At Bottari & Doyle, P.A., we have extensive experience in Florida car accident injury litigation. We also know how much this case matters to you and your life. Wellington is known for play and polo. It shouldn't be known for pain and suffering.

We have represented many Floridians in personal injury lawsuits and injury-related insurance claims. And with office locations throughout South Florida, we are standing by, ready to help you.

Call us today for a free consultation at 561-588-2781, or email us through our website.