If you've been involved in a car accident in Tampa, the process to determine who was at fault, and who should pay what damages, can be long and involved. Hiring an experienced Tampa auto accident attorney can help you make sense of what is otherwise generally an extremely litigious process. But it's also important to know what factors go into these decisions as a victim.
Florida is a comparative negligence state. This means that very often, no one party is 100% at fault for an accident. Many times, one driver may be given a proportion of fault. This proportion is decided by the insurance companies and the court. The proportion decided also determines how much of the damages they must cover. For instance, if a driver is determined to only be 75% at fault for an accident, his insurance company will only cover 75% of the actual damages.
Factors like drunk driving, texting, even whether the victim was wearing a seatbelt, all go into the decision of negligence.
Tampa also makes proving extenuating damages very hard. Tampa personal injury laws can mean that if an injury is not considered permanent, you may not be able to claim it from the other party at all. Medical bills, lost wages, and pain and suffering must all be proved in great detail. The insurance companies will also look at factors like the age of the victim versus their life expectancy, doctor recommendations versus treatment plans, and pre-existing injuries.
Opposing insurance companies will dig up any reason they can to lower the amount of damages paid, often with huge teams of lawyers at their disposal. But you don't have to face the insurance companies alone.
If you've been in a car accident, call Coleman Law Group today to speak with one of our experienced Tampa car accident attorneys today to find out the value of your case.