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Florida Personal Injury Lawyers
$3,830,000

Catastrophic motorcycle accident resulted in a jury verdict.

$1,748,000

Auto accident, multi-car crash

$1,035,000

Auto accident involving defective airbag

$600,000

Death resulting from hospital turning away patient

$550,000

Auto accident involving tractor trailer

$345,000

Auto accident involving a work vehicle

$340,000

Slip and fall at a hotel bathroom

$115,000

Auto accident involving pedestrian. $115,000 in litigation instead of $15k presuit offer

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How To Tell if You Have a Car Accident Case Against the Other Driver

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To determine whether you have a legal basis for filing a lawsuit against the other driver after a Florida car accident, you must answer these three crucial questions.

  • What or who caused the accident?
  • Did you sustain a severe injury after the accident?
  • Did your injuries result in any damages?

What or Who Caused the Accident?

It is crucial to note that you only have a case against the other driver if negligence on their part played a role, in whole or in part, in causing the accident. If you were entirely at fault for the accident, you generally can’t claim compensation from the other driver’s insurance company. However, that doesn’t mean you cannot file a claim. In such a situation, you can file a claim with your insurance company.

Did You Sustain a Severe Injury?

Florida law allows car accident victims to sue for compensation only when they suffer severe injuries. According to the law, a severe injury consists in whole or in part of;

  • significant loss of crucial bodily function
  • disfigurement
  • scarring
  • a permanent injury other than disfigurement or scarring

If you suffered an injury that consists of any of the above, you most likely have a legal basis for filing a lawsuit against the other driver.

Unfortunately, a victim with a pre-existing medical condition whose condition gets worse after a car accident can have a hard time convincing the court or insurance company that the accident worsened their pre-existing condition. Nonetheless, a personal injury attorney can help you prove that an accident worsened your pre-existing medical condition.

Did Your Injuries Result in Any Compensatory Damages?

You might have suffered an injury but still, be ineligible for compensation. That could be the case if the injury did not result in compensatory damages. If an injury did not cause damages such as medical expenses, lost wages, pain, and suffering, you might not have a case. On the other hand, if your personal injury resulted in compensatory damages, you definitely have a legal basis for filing a lawsuit against the other driver. A severe injury is bound to result in compensatory damages.

Contact a Tampa Personal Injury Attorney Today

Sometimes, determining whether you have a legal basis to sue the other driver after an auto accident can be tricky. If, for example, you believe you were partly at fault for the accident, you might be tempted to assume that you cannot file a lawsuit against the other party. That assumption is far from the truth. Florida law allows you to file a lawsuit against another driver even if you are partly to blame for an accident. Such assumptions and others can make you lose out on a chance to receive the compensation you deserve. Our Tampa personal injury lawyers at the Pendas Law Firm can help you assess your case and determine whether or not you have a case against the other driver. Suppose you have a legal basis for filing a lawsuit. In that case, our team of legal experts will work tirelessly to ensure the other driver takes responsibility for their action/s and you receive the compensation you deserve. Contact us today to schedule a free, no-obligation consultation.

The Pendas Law Firm also represents clients in the Miami, West Palm Beach, Ocala, Orlando, Fort Myers, Jacksonville, Daytona Beach, Bradenton, and Fort Lauderdale areas.

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod