Should You Call a Car Accident Attorney? 4 Questions to Ask Yourself

two drivers after crash

Getting involved in a car accident is always a hassle. From figuring out alternative transportation to navigating the insurance claims process, a collision can add a number of tedious tasks to your already lengthy to-do list.

For this reason, you may not be inclined to call a personal injury attorney on top of everything else. Assuming you didn’t sustain life-threatening injuries—thankfully, most collisions that occur across the country are nowhere near fatal—it’s probably tempting to tackle the other demands on your plate in the wake of the wreck.

Depending on the circumstances, though, you may be entitled to compensation, and a seasoned attorney can help you seek it. To see if enlisting legal help has the potential to pay off, ask yourself the following questions:

1. Could the Accident Have Been Prevented?

While some motor-vehicle collisions are utter flukes, they’re so few and far between that it’s highly unlikely the accident in which you were hurt was one. Instead, there’s a good chance the collision could have been prevented had one or more parties taken reasonable measures. And if this is the case, you should be able to proceed with a claim.

2. What Kind of Role Did I Play in the Crash?

If you think you contributed to the accident in some way, that doesn’t necessarily bar you from taking action. As long as you were not the only one at fault, you can probably secure at least some compensation. The total available amount will simply be reduced by your own percentage of fault under Florida’s pure comparative fault rule.

3. Did I Get Hurt in the Impact?

If you sustained little more than a few bruises in the impact, you probably won’t be able to put together a claim that’s compelling enough to motivate the insurance adjuster to negotiate. If, on the other hand, your injuries demanded medical attention, the odds are in your favor.

As long as you sought prompt care and followed all your doctor’s advice over the course of treatment, you should be able to make a strong case for compensation.

4. Have I Incurred Actual Losses as a Result of the Wreck?

You must have suffered recoverable damages as a direct result of the accident. Florida tort law recognizes the following economic damages:

  • Medical bills,
  • The cost of reasonably necessary replacement services,
  • The cost of repairing or replacing any damaged property,
  • Lost wages, and
  • Loss of earning capacity.

Florida also allows for the recovery of non-economic damages like pain and suffering. A resourceful and creative attorney can help you gather the kinds of evidence needed to prove the extent of such losses, since they won’t be accompanied by any documentation and are therefore harder to quantify.

Discuss Your Case with a Car Accident Lawyer in Florida

Thinking about taking action against a reckless driver? For strategic legal guidance at every stage of the process, turn to Emerson Straw.

Our compassionate team is backed by more than 40 years of collective experience in personal injury law. To schedule a free initial consultation with one of our Florida car accident attorneys, submit our Contact Form or call (727) 821-1500.