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Proving Liability and Damages in a Florida Auto Accident


When you’re in an accident that you clearly know was the other person’s fault, it may seem like a slam dunk that you will be compensated for your injuries and physical damages, right? Unfortunately, auto accident claims are rarely that easy to resolve. Even in cases where liability seems clear, the other party’s insurance company will likely deny it or claim their insured was not completely at fault in order to reduce the overall payout on their side. This is why you need a skilled Orlando auto accident attorney on your side.

Proving Negligence in an Auto Accident

In order to prove negligence in your Florida auto accident, you have to prove that the other driver owed you a duty of care, he or she breached that duty, that breach caused the accident, and you suffered damages. Proving negligence only shows the other driver was liable, this is still different than proving the amount of damages you should be compensated for.

The duty of care is someone’s obligation to prevent injuries to others by taking steps to minimize dangers per applicable laws and an expectation of safety. What’s reasonable can vary in different circumstances. Proving the breach can be difficult in some instances and may rely on evidence like photographs of the accident scene and witness statements. These can also help show that the breach of duty was the cause of the accident. 

What are Damages?

Damages can be divided into two main categories — economic and non-economic. Economic damages are tangible damages that are quantifiable, like the damage to your vehicle, your medical bills, your lost earnings, physical therapy, long-term care costs, and more. Non-economic damages are intangible damages. These damages are more subjective, and cover losses like pain and suffering, post-traumatic stress disorder, etc. In very select cases, the jury may award punitive damages, which are meant to punish the wrongdoer by deterring similar incidents from happening in the future.

Proving the Value of your Damages

Even in cases where the at-fault party’s carrier concedes liability, it can still be a battle to try and resolve the case. The reason for this is because of the valuation of damages. The other side will want to examine your medical bills and treatment records, your medical doctor’s prognosis, and more. They will look at how much time you missed from work and whether it’s in line with the injuries and doctor’s recommendations. If future treatment and time off work is expected, the other side may scrutinize the damages further.

When it comes to evaluating non-economic damages, you can expect the other side to offer a ridiculously low amount in most cases. This is why you need a skilled Orlando auto accident attorney on your side. At Payer Law, we deal with insurance companies every day and are familiar with their routines and attempts at low-ball settlements. We can fight for you, protect your rights, and help you get the compensation you deserve.

Contact a Florida Personal Injury Attorney

If you were seriously injured in a Florida auto accident, contact the skilled Orlando auto accident attorneys at Payer Law today. Call our office at 407-307-2979 to schedule an initial consultation today.


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