Bringing a claim for injuries sustained in a head-on collision usually involves proving a case of negligence against the responsible driver. To do this, the victim must show that the defendant owed a legal duty of care, that he or she breached that duty, that there was a link of causation from the defendant’s breach of duty to the accident and that damages to the victim resulted.
A common defense in car accident cases is that the victim’s compensation should be reduced based on the doctrine of comparative fault. Under this legal principle, a victim who is partially to blame for a collision may recover less than his or her full damages. If the defendant is successful in arguing for the application of Florida’s pure comparative fault law, the victim’s compensation will be reduced in proportion to his or her level of fault for the accident. However, it will not be completely eliminated.
You should talk to an attorney as soon as possible after an accident to make sure all legal options are explored.
In both personal injury and wrongful death cases, there is a deadline called the “statute of limitations,” after which a lawsuit usually will be dismissed as untimely. Generally, the limitations period for a Florida car accident is four years, and the time for filing a wrongful death case is two years.
Victims throughout South Florida should discuss their options with us as soon as possible. We also represent accident victims in Boca Raton, Miami, West Palm Beach and communities throughout Broward County. Call 954-340-0037 or send us an email to schedule a free consultation.