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


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'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...” - Jacksonville -

    Maria Pastor
  • “This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...” - Orlando -

    Shantelle Blackwell
  • “I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...” - Tampa -

    Carlos Guadalupe
  • “The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!” - Fort Myers -

    Heather Pepper
  • “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. Their staff speaks Spanish and you feel like family.” - Orlando -

    Ian Brito
  • “I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.” - Tampa -

    Wilmer D Santana Rodriguez
  • “5 stars for these guys! Hays Mathis got my case settled without going to court for a sum that dwarfed what the other guys were advising me to take. I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” - Jacksonville -

    Mike Reilly
  • “Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!” - Orlando -

    Ben Fitzgerald