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How to Determine Auto Accident Liability

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One of the most difficult aspects of any auto accident case is determining liability. Why? In many auto accidents the responsible party and/or the responsible party’s insurance company will do everything possible to either completely deny the claim or to shift blame to another party. Auto insurance companies are not in the business of paying out on insurance claims fairly. Their money is made from people making monthly or yearly payments to maintain their legally required auto insurance coverage, while at the same time filing few to no claims at all.

When an individual files a claim or lawsuit due to an accident, caused by no fault of his or her own, it can be expected that the insurance company will be quick to offer a low, completely unreasonable settlement. Make no mistake, the insurance company will rarely, if ever, offer a settlement so the victim will have the funds he or she needs to cover medical bills, physical therapy treatments, loss of income or other accident-related expenses. The insurance company is doing so in an effort to try and get the victim to accept less than he or she may be entitled to. It is for this reason that aggressive and decisive actions must be taken to seek the maximum possible in an auto accident liability claim, and our firm can help.

The state of Florida is what is known as a “comparative negligence” state. In simple language, this means that should your case go to trial, the judge or jury will be responsible for determining what role each party played in causing the accident. If the jury finds that you are 40% liable for the accident, then you will only be eligible to recover 60% of the total damages claimed. We have found this to be beneficial, particularly in cases where our client has admitted to partial responsibility. Due to comparative negligence, instead of being completely denied compensation, we are regularly able to help clients recover a portion of his or her initial claim.

In cases where a client played no role in causing an auto accident to occur, our staff work diligently to build an aggressive strategy to help establish clear cut responsibility for the accident, thus allowing us to recover the maximum compensation on our client’s behalf. To get help with your auto accident liability claim, contact The Law Offices of Casey D. Shomo, P.A. right away. An experienced West Palm Beach auto accident lawyer from our offices will be able to assess your case and advise you about the estimated value of your claim, the length of time expected for settlement, and whether it may be necessary to take legal action against the responsible party in civil court.