Proving Fault to Florida Insurance Companies
When someone hurts you in a serious accident, it can be difficult to recover from your injuries, your losses, and the mental and emotional suffering you experienced. All these damages can add up, and you shouldn’t have to pay from your own pocket for them. But who’s responsible for your injuries, and how do you prove it?
If you’ve been hurt, you may be able to turn to your insurance company for help. Here are a few key things you need to know about proving fault after an accident.
Get Medical Attention
When you’re trying to prove fault for an accident, you may first need to prove you were injured. Car accidents, pedestrian accidents, and other types of personal injury claims can take a toll on your health, even if you don’t feel it right away. If someone didn’t take reasonable care to avoid harming you, your injuries can impact your life for months or years in the future.
Getting treatment now can help you build evidence against the at-fault party. But if you don’t act right away, settling your claim may be harder. The insurance company may claim your injuries were unrelated to the accident, for example, if you wait before getting treatment. Medical evidence for your claim can also help you get the right compensation.
When you’re hurt in an accident, an important step is to prove causation, or that the at-fault party breached their duty of care and harmed you. Everyone is expected to meet a certain standard of care, to prevent hurting others. If someone doesn’t take the precautions a reasonable person would take, they weren’t meeting that duty of care—and you were hurt because of it.
For example, someone may have been texting and driving when they hit you on your bike. You may need to gather evidence showing they were using their phone when the accident happened. Video footage of the accident, eyewitnesses, and phone records can all prove causation for your Florida accident.
As mentioned, you may also need to prove you were injured in the accident. The insurance company is a for-profit business, so the adjuster may do what they can to avoid paying for your care. Because of this, you may also need to gather medical information and exam results.
Once you have the evidence of negligence and causation you need, you may be ready to take your claim to the insurance company. Your insurance company may need evidence that the at-fault party was not taking reasonable care to avoid harming you, and your lawyer can help with this.
For example, you may have been struck while crossing the street because a driver was distracted and speeding. A reasonable person concerned about the safety of others would drive more safely. Your lawyer can then share evidence the driver was negligent, such as photos of the accident, expert witness testimony, and your police report.
Let an FL Accident Attorney Step In
When you’ve been hurt in a serious accident, you may feel like you’re alone in getting the help you’re due. You’re hurt, but the at-fault party is avoiding responsibility for their negligence, and you’re suffering for their actions. Worse, proving fault to the insurance company and getting compensated may be easier said than done.
Here’s the good news—a lawyer at The Law Offices of Casey D. Shomo could represent you with the insurance company and in court. Your lawyer has the tools you need to make your claim a success. No more fighting with the insurance company over your claim—just results. Talk with a lawyer during a free consultation by calling 561-659-6366 or by completing the online contact form below.