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Florida Personal Injury Lawyers / Blog / Car Accident / What Do I Need to Prove in a Boca Raton Auto Accident?

What Do I Need to Prove in a Boca Raton Auto Accident?

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After a Boca Raton auto accident, you might be concerned about gathering evidence. You might have a vague understanding of how lawsuits work, and you might be curious about what you need to prove. The good news is that teaming up with an experienced Boca Raton auto accident lawyer can help you through this process.  Legal professionals can focus on gathering evidence and proving your case, while you focus on the healing process.

 Florida’s No-Fault System Explained 

You may have heard that Florida operates under a no-fault insurance system when it comes to car accidents.  What this means is that you can access your own auto insurance’s PIP coverage for the first $10,000.00 of your medical expenses regardless of who caused your accident.   However, if someone else is at fault for causing your injuries, you may make a claim against their insurance coverage as well.

That being said, your own level of fault could reduce or even bar your compensation. For example, you might have been 25% to blame for the accident. In this situation, your compensation would be reduced by 25%.   However, in 2023, the Florida legislature amended the laws in Florida.  As it stands now, if you are found to be more than 50% to blame for your own accident, you will be barred from any recovery.  Thus, it is critical to make sure you have an attorney who can help you prove that someone else’s negligence was the major contributing factor in the crash.

 The Most Important Things to Prove After a Car Accident 

In addition to proving fault, the other most important thing to prove after a car accident is what injuries or damages were caused by the crash.   Insurance companies will often argue that the crash did not cause you any injuries, and that your injuries were pre-existing problems.    However, under Florida law, you can recover for new injuries or aggravation of pre-existing injuries.  An experienced personal injury attorney will be able to assist you in meeting this burden of proving that the other driver caused your injuries and damages.

 What Type of Damages Can I Recover? 

If you can prove that another driver’s negligence caused the crash and your injuries, not only can you recover medical bills and lost wages, if you have a permanent injury, you can also recover for “non-economic damages.”  Non-economic damages include the following:

  • Pain & Suffering
  • PTSD
  • Depression
  • Anxiety
  • Disfigurement
  • Loss of enjoyment of life
  • Emotional distress

 Find an Experienced Auto Accident Lawyer in Boca Raton 

If you’ve been searching for an experienced auto accident lawyer in Boca Raton, consider a consultation with Smith, Ball, Báez & Prather today. While internet research is a positive first step, you shouldn’t have to spend much time on complex legal tasks once you contact our law firm. We can guide you toward the compensation you need while you focus on recovering from your injuries. Reach out now to get started.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

floridafarmbureau.com/2022/03/how-does-a-no-fault-accident-work/

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