How do I Prove that My Medical Bills and Lost Wages are Related to a Car Accident?

Florida is a no-fault insurance state, which means that car accident victims are required to seek compensation for their losses from their own insurer, regardless of who was at fault. However, there is an exception for accident victims who suffer serious injuries as a result of a crash. A key component to this type of claim is evidence that a person’s medical condition and subsequent medical bills are causally related to the accident in question. Defense attorneys will do everything they can to find holes in a person’s story in order to avoid liability, so if you were injured in an accident and sustained a serious injury, it is critical to contact an experienced car accident attorney who can help you prove that your injuries were the result of someone else’s negligence.

Demonstrating Causation

One of the most important elements in any personal injury case is proving that the defendant’s actions can be directly linked to the plaintiff’s injury. In many cases, this is a relatively straightforward process, especially when the plaintiff sustains an obvious and serious injury and so immediately sought medical attention, as this creates a record linking the injury to the accident. Unfortunately, proving causation is not always easy, particularly in cases where an injured party waited to obtain medical care or sustained an injury that did not manifest until days or even weeks after the accident.

In these situations, the injured party may need to call on accident reconstruction specialists and eyewitnesses who can testify as to the cause of the crash. Medical experts can also be used to give their opinion on whether the plaintiff’s injuries were the result of a specific accident. Photos of the injuries, as well as medical records indicating the degree of severity of an injury can also play a crucial role in proving that an accident victim’s injuries were related to a crash.

Comparative Fault

Florida is a comparative fault state, which means that even when car accident victims contributed to their own crash, they will not be barred from collecting damages. Instead, the injured party’s damages will be reduced by his or her own percentage of fault in causing the crash. If, for instance, a plaintiff is found to be ten percent at fault for an accident and a jury determines that the injured party suffered $50,000 in damages, then his or her award would be reduced by $5,000, leaving him or her to collect $45,000 in damages for medical expenses and lost wages.

Get the Legal Representation You Deserve

If you were involved in a car accident and sustained an injury, but the other party is denying responsibility, you need the advice and guidance of an experienced car accident lawyer who can help demonstrate your losses. Please call 954-566-9919 today to set up a one-on-one consultation with one of the dedicated Fort Lauderdale car accident attorneys at Boone & Davis. Initial consultations are conducted free of charge, so don’t hesitate to call or contact us online today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html