A car accident can leave you with serious injuries and property damage. If you are involved in a car crash that is not your fault, the law permits you to file an insurance lawsuit against the liable party. This way, you can recover applicable economic and non-economic damages.
Unfortunately, it is not uncommon for a seemingly straightforward car accident lawsuit to turn out in ways that are unfavorable to an accident victim. By understanding the mistakes that you should avoid upfront, you’ll place yourself in a stronger position to win your case.
If your contribution to the accident is significant
Each state has laws that govern how fault is determined and damages awarded in personal injury lawsuit scenarios. In Florida, any fault chargeable to you will impact the outcome of your case per the state’s modified comparative negligence laws. If the defendant shows that your contribution to the accident was 50 percent or more, then your claim will be unsuccessful.
If you have no evidence
Car accident cases, like other legal matters, are won or lost on account of the plaintiff’s evidence. If you cannot show that the defendant had something to do with your injuries and property damage, then you will most likely lose your lawsuit. Besides an accident report, some of the evidence you may use to strengthen your claim includes your treatment report, eyewitness accounts and photo and video evidence of the accident.
If you miss key deadlines
No matter how strong your case is, your case may be dismissed if you do not file within the statute of limitations period. In Florida, the statute of limitations for personal injury claims is four years from the date of the accident in question.
Protecting your rights
A car accident can turn your life upside down. The last thing you want during this difficult time is for your case to be decided unfavorably. Consider seeking legal guidance to better understand how to safeguard your rights and interests while pursuing your personal injury case.