Should You Call a Car Accident Attorney? 4 Questions to Ask Yourself to Decide
Getting involved in an auto accident can derail your plans, forcing you to deal with unexpected injuries, medical bills, lost earnings/wages, and car repairs. It is likely that after a crash you will be asked to spend considerable time on the phone with insurance adjusters, provide statements about what happened, and take time away from your professional and personal life to deal with property damage claims, medical appointments, therapy, paperwork, and other issues related to the crash. For may, this can cause stress and anxiety.
With so much to deal with, you might feel like you do not have time to reach out to a personal injury attorney to discuss the possibility of filing a claim. A lawyer, however, might be able to help guide you in the days after a crash, save time, and navigate some of the choices you will have to make. A seasoned personal injury attorney should be able to give you advice concerning which, if any, insurance adjusters you should speak with, what information you should share with them, what your rights and obligations are concerning vehicle repairs and replacement, and any questions you may have about the types of medical providers you should see and how your medical a treatment may affect the likelihood and size of a future settlement.
Here are a few questions you should ask yourself to determine whether it is worth contacting a lawyer:
1. Was the Accident Preventable?
Although some wrecks are not the fault of any particular person, most car accidents are caused by the negligence of at least one party. For instance, the motorist who struck you might have been speeding, texting, DUI, or violating other traffic laws. If you believe this is a case, there is a strong chance you might have grounds to seek compensation for any injuries you suffered.
2. Did I Play a Role in Causing the Wreck?
If you believe you were partially responsible for causing the wreck, this does not mean you cannot seek compensation. Although your recovery may be reduced by your proportion of fault, you are likely still entitled to damages if you suffered injuries or loss due to the negligence of another. Also, Florida is considered a no-fault state, which means you will likely be entitled to have insurance pay at least a portion of your medical expenses through the Personal Injury Protection (PIP) component of your insurance or the insurance available to one of the others involved in the crash.
3. Did I Suffer an Injury in the Crash?
If you required medical treatment after the wreck for significant injuries, there is a strong possibility that you may have a claim. You should make sure that you seek treatment as soon as possible after the accident as failing to visit the doctor within a reasonable timeframe could lead to disputes over liability, causation, and damages.
4. Have I Incurred Damages as a Result of the Collision?
There are many types of recoverable damages in Florida, including medical expenses, the cost of replacement services, repair costs, lost income, and diminished earning potential. Florida also allows for the recovery of intangible losses such as loss of the enjoyment in life, emotional distress, and pain and suffering. Of course, intangible damages do not have receipts, invoices, or bills. So, your attorney will have to present evidence of these losses through other means, such as testimony and evidence from friends, coworkers, family, and professional evaluations.
Speak to a Car Accident Attorney in Miami Today
Still not sure whether you have claim? Call the legal team at Viñas & DeLuca, PLLC to get answers to your claim-related questions. As part of a free consultation, we can assess your situation and discuss how we might proceed with your case. Dial (305) 372-3650 or jump to our contact page HERE to pencil in a case review with one of our Florida car accident attorneys.