Stuart Car Accident Lawyer



Car Accident Lawyers Representing Victims in Stuart

If you or your loved one has been seriously injured in an accident in Stuart, Florida, through no fault of your own, you might be overwhelmed by mounting expenses and unexpected losses. It is possible to recover damages in sufficient amounts to compensate you for your economic and noneconomic losses. The Stuart personal injury attorneys at The Eberst Law Firm P.A. may identify all potential sources of recovery and aggressively work on your behalf to maximize the compensation that you receive.

Types of Injuries Associated with Car Accidents

Car accident injuries can range from minor to severe, amassing thousands to hundreds of thousands (or even millions) in damages. The severity of your injuries corresponds directly with the severity of the accident you were involved in. For example, those involved in a high-speed side collision accident will likely have more severe injuries than someone involved in a low-speed rear-end accident.

The most common types of injuries associated with car accidents include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck injuries
  • Back injuries
  • Broken bones or fractures
  • Amputation
  • Soft tissue damage
  • Internal injuries
  • Burns

Common Causes of Car Accidents in Stuart, Florida

Florida, unfortunately, isn’t known for having the best drivers in the country. In fact, we often rank in the top five, making our state fairly unsafe for drivers, pedestrians, and other road users.

The most common causes of car accidents in the Sunshine State include the following:

  • Distracted driving, such as texting, talking on the phone, talking to a passenger, looking for something under a seat, daydreaming, etc.)
  • Driving under the influence of drugs or alcohol
  • Aggressive driving
  • Inexperienced driving
  • Speeding
  • Running a red light or stop sign
  • Failing to check blindspots before merging

Determining Liability in a Stuart Car Accident

Determining liability is an essential step in the car accident lawsuit process. By determining who’s at fault and therefore liable for your injuries, you’ll be able to file a lawsuit and receive the compensation you deserve for your injuries.

Liability is determined by looking at fault. Being “at fault” means that someone acted with negligence and that negligence caused the accident to occur. Negligence can look like texting while driving, drinking and driving, aggressive driving, speeding, and more.

However, because Florida is a no-fault state, that means you can also receive compensation if you were partially or fully at fault for the accident. You can do this by filing a claim with your insurance company.

Steps to Take after a Stuart Car Accident

If you’ve been involved in a Stuart car accident, there are a few steps you should take immediately following your accident.

  1. Check to ensure that everyone is okay. Call 911 if anyone is unresponsive or in critical condition. When they arrive at the scene, they’ll likely evaluate you to determine if you need to go to the hospital immediately.
  2. Contact the local police line to report the accident.
  3. If you’re able to stay at the scene, make sure to do the following:
    • Exchange contact information with other involved parties
    • Speak to any witnesses, get their contact information, and encourage them to speak to the police
    • Take pictures and videos of the scene, the vehicles involved, and your enjoys
    • Record your personal statement to ensure you don’t forget any details later
  4. After you leave the scene of the accident, go directly to a medical facility for an evaluation. Even if you think you’re not injured, you should still get checked out. Some injuries don’t present themselves right away, like internal bleeding. If you fail to seek immediate medical attention, insurance companies may use this as a reason to deny your claim.
  5. Before you speak with the insurance company, contact an attorney. Insurance companies want you to settle fast and low. They’ll try to entice you with quick cash. Don’t fall for it. Once you accept a settlement offer, you won’t be able to claim further compensation. To ensure you don’t accidentally damage your case early, contact an attorney as soon as possible after the accident.

How Can You Help Improve Stuart Road Safety?

Cars are dangerous machines. They are pure steel and weigh thousands of pounds. If you really think about it, it is kind of scary. But everyone can help to improve road safety in Stuart. Some steps that you can take as a driver to make sure everyone is a little safer include:

  • Knowing and obeying all Florida traffic laws
  • Drive at a safe speed, including obeying Stuart speed limits and reducing speed when necessary
  • Avoid driving when you are tired. It can make a huge difference
  • Never drive under the influence of alcohol or drugs. Stuart has plenty of Ubers and Lyfts
  • Maintain your vehicle in good working condition
  • Teach your teenagers safe driving habits
  • Watch for pedestrians, children, and bicyclists at all times
  • Watch out in intersections, even if you have a green light or the right of way

Understanding Personal Injury Protection and the Right to Sue

Florida is a no-fault insurance state, leading some people to believe that they cannot file lawsuits against the drivers who caused their accidents. When an injury accident in Florida causes minor injuries, people file claims with their own personal injury protection policies through their insurers. This coverage is mandatory in Florida and will pay 60 percent of the wages that you lost and 80 percent of your medical expenses up to a total of $10,000.

You may also have to pay deductibles, depending on your insurance company. In order to receive up to $10,000 in coverage from your PIP policy, you must seek medical care within 14 days of your accident. If you fail to meet this deadline, your recovery will be limited to $2,500 of coverage. This makes it very important for you to seek medical treatment after an accident as soon as possible.

Even if you do not initially think that you have been injured, you should still seek a medical examination because some injuries may take hours or days to show symptoms. If your injuries are serious, however, you may file a lawsuit against the negligent driver.

Seeking Compensation from Negligent Drivers

Hundreds of thousands of accidents happen every year in Florida, with a large number resulting in injuries. According to the Florida Department of Highway Safety and Motor Vehicles, 374,372 vehicle crashes happened in 2015 alone, resulting in 243,316 nonfatal injuries. While these accidents may be caused by many different things, many are a result of negligent driving behaviors.

In Florida, you must file a lawsuit against the negligent driver who caused your injury accident no later than two years from the date it occurred. It is best to file your lawsuit as soon after the accident as possible, however. If you wait to file, evidence may be lost, and it may be difficult to locate witnesses to the accident.

If you miss the two-year statute of limitations, you may be permanently barred from trying to recover damages through a lawsuit against the driver who caused the accident and your injuries.

In order to file a personal injury lawsuit in Florida, you must have suffered an injury, which might include the following:

  • Neck or back pain
  • Whiplash
  • Cuts and bruises
  • Soft tissue damage
  • Head injury
  • Damage to your limbs
  • Loss of body functions
  • Permanent injuries or disabilities
  • Disfigurement and scarring
  • Burns

How To File A Claim Against Another Driver

Generally, plaintiffs in lawsuits against at-fault drivers file negligence claims against the drivers. To prevail, plaintiffs must be able to prove each of the elements of negligence:

  • The defendant owed the victim a duty of care to exercise reasonable care and caution; and
  • The defendant driver violated the duty of care; and
  • The breach of the duty of care caused the accident and the plaintiff’s injuries; and
  • The plaintiff suffered financial harm as a result.

Proving that a defendant driver owed a duty of care is fairly straightforward because all drivers have a duty to exercise reasonable care and caution while driving. Any driving behavior that fails to meet this duty may be a breach, including speeding, impaired driving, distracted driving, running red lights, and others.

The dedicated personal injury lawyers at The Eberst Law Firm P.A. may thoroughly investigate your case in order to build a strong case on your behalf. This may help you to recover damages in an amount that will fairly compensate you for all of the losses that you have suffered.

Potential Damages And Comparative Negligence

The damages that might be available to you in a personal injury lawsuit in Florida will vary depending on what happened, the severity of your injuries, and the losses that you have suffered. Typically, damages may include such things as your lost capacity to earn an income, past and future medical expenses, lost wages, pain and suffering, and property damage.

The attorneys at The Eberst Law Firm P.A. may analyze your losses and provide you with an estimated range of values within which any settlement offer should fall. This can help you to evaluate any offers that are extended to you so that you can make a better-informed decision. While your attorney may work hard to help you secure a fair settlement, it is sometimes difficult to reach an agreement through negotiations.

If that happens, the personal injury lawyers at The Eberst Law Firm P.A. Law may litigate aggressively on your behalf against the negligent driver up to and through a jury trial. If you prevail at a trial, the jury will determine the number of damages to award in each category of your economic and noneconomic losses.

Wrongful Death Lawsuits Caused by Car Accidents

When people are killed in automobile accidents because of the negligent actions of the drivers, their families may file wrongful death lawsuits against the drivers. By doing this, families may recover damages to compensate them for the losses that they have suffered as a result of their loved ones’ deaths.

The statute of limitations for filing a wrongful death lawsuit in Florida is substantially shorter, and they must be filed no later than two years following the accident or death. This makes it very important for families to seek legal guidance as soon as they can in order to preserve their rights.

What Compensation Can I Recover for a Car Accident?

The compensation you can recover for a car accident depends on the specifics of your case, including the severity of your injuries and the impact on your life. Typically, you can seek compensation for:

  • Medical Expenses: Covers current and future medical bills related to your injuries.
  • Lost Wages: Compensation for income lost due to your inability to work.
  • Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
  • Property Damage: Covers the cost of repairing or replacing your vehicle.
  • Loss of Enjoyment: Compensation if your injuries affect your ability to enjoy daily activities and hobbies.

How Is Fault Determined After a Car Accident?

Fault in a car accident is determined by examining the actions of each driver leading up to the collision. Investigators will look at:

  • Police Reports: Official documentation and findings from law enforcement.
  • Witness Statements: Accounts from people who saw the accident occur.
  • Physical Evidence: Photos, videos, and the condition of the vehicles involved.
  • Traffic Laws: Determining if any traffic laws were violated by the drivers.
  • Accident Reconstruction: Experts may recreate the accident to understand how it happened.

What Is the Comparative Fault Rule?

Florida follows the comparative fault rule, which means multiple parties can share responsibility for an accident. Under this rule, each party’s degree of fault is determined, and compensation is adjusted accordingly. For example, if you are found to be 20% at fault for the accident and the other driver is 80% at fault, your compensation will be reduced by 20%. This rule allows you to recover damages even if you are partially at fault, but the amount you receive will be proportional to your level of responsibility.

How Long Do I Have to File a Car Accident Lawsuit?

In Florida, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. This means you have two years to file a lawsuit against the negligent party. It is important to act quickly to preserve evidence and secure witness testimonies. Delaying could jeopardize your ability to recover compensation. Consult with an attorney as soon as possible to ensure you meet all legal deadlines and build a strong case.

Do I Need a Lawyer After a Car Accident?

Hiring a lawyer after a car accident is highly advisable, especially if you have suffered significant injuries or property damage. An experienced car accident attorney can help you:

  • Understand Your Rights: Provide guidance on your legal rights and options.
  • Handle Insurance Companies: Deal with insurance adjusters to ensure you receive fair compensation.
  • Investigate the Accident: Conduct a thorough investigation to gather evidence and build your case.
  • Negotiate Settlements: Negotiate with the responsible party and their insurance company for a fair settlement.
  • Represent You in Court: If necessary, represent you in court to secure the compensation you deserve.

Why Choose Our Law Firm?

Determining Liability in Your Auto Accident Claim

Determining liability is crucial in auto accident claims. At The Eberst Law Firm P.A., our attorneys will meticulously investigate your accident, gather evidence, and identify all liable parties. We will review police reports, witness statements, and expert testimonies to build a strong case. Our goal is to ensure all responsible parties are held accountable, maximizing your compensation.

Contact our Car Accident Lawyers Today

If you’ve been injured in a car accident, contact our experienced car accident lawyers at The Eberst Law Firm P.A. We offer compassionate and dedicated legal support, working tirelessly to secure the compensation you deserve. Call us today for a free consultation and let us help you navigate the legal process.

Free Consultation with an Experienced Accident Attorney

We offer free consultations to discuss your case and evaluate your legal options. During the consultation, we will listen to your story, answer your questions, and provide honest advice on the best course of action. Our goal is to help you understand your rights and guide you through the legal process.

How Can We Help?

At The Eberst Law Firm P.A., we are dedicated to providing comprehensive legal support to car accident victims. Our services include:

  • Case Evaluation: Assessing the details of your case and determining the best strategy.
  • Evidence Collection: Gathering and preserving crucial evidence to support your claim.
  • Expert Consultation: Working with medical and accident reconstruction experts.
  • Negotiation: Negotiating with insurance companies for a fair settlement.
  • Litigation: Representing you in court if necessary to secure maximum compensation.

Considerations Following A Car Accident in Stuart

Four Tips for Cars Sharing the Road with Pedestrians

  1. Stay Alert: Always be aware of your surroundings and watch for pedestrians, especially in high-traffic areas and crosswalks.
  2. Yield Right of Way: Give pedestrians the right of way at crosswalks and intersections. Be patient and wait for them to cross safely.
  3. Avoid Distractions: Keep your focus on the road and avoid distractions such as texting or talking on the phone while driving.
  4. Slow Down: Reduce your speed in areas with heavy pedestrian traffic and in residential neighborhoods to ensure the safety of everyone on the road.

Type of Stuart Car Accident Cases

Car accidents can vary significantly in their nature and impact. Some of the types of car accident cases we handle include:

  • Rear-End Collisions: Often caused by distracted driving or tailgating.
  • Head-On Collisions: Typically result in severe injuries or fatalities.
  • Side-Impact Collisions: Common at intersections, can cause significant injuries.
  • Hit-and-Run Accidents: The responsible driver flees the scene, requiring thorough investigation.
  • Multi-Vehicle Accidents: Involves multiple vehicles, complicating liability determination.
  • Rollover Accidents: High risk of serious injury, often involving SUVs or trucks.

Stuart Car Accident Attorney Frequently Asked Questions

What exactly does the term damages mean in an injury lawsuit?

Damages refer to the compensation you seek in an injury lawsuit. They can include medical expenses, lost wages, pain and suffering, property damage, and other losses resulting from the accident.

The other party did not have insurance and was at fault; what can I do?

If the at-fault party is uninsured, you can file a claim with your own insurance company if you have uninsured motorist coverage. Consulting with an attorney can also help you explore other avenues for compensation.

I was a pedestrian and involved in a motor vehicle accident; what can I do?

As a pedestrian, you have the right to seek compensation for your injuries. Contact an attorney to help you file a claim against the at-fault driver and navigate the legal process.

I was involved in a traffic crash, and the other party left the scene of the accident; what can I do?

In a hit-and-run accident, report the incident to the police immediately. An attorney can assist in investigating the accident and pursuing compensation through your uninsured motorist coverage.

Is distracted driving extremely dangerous?

Yes, distracted driving is highly dangerous and a leading cause of accidents. It includes activities like texting, eating, or using a GPS while driving, which take attention away from the road.

What are the chances of getting into a car accident in Stuart, Florida?

The chances of getting into a car accident in Stuart, Florida, can be significant due to various factors like traffic density, driver behavior, and road conditions. It’s important to stay vigilant and practice safe driving.

I was involved in a traffic crash, and the other party was a drunk driver; what can I do?

If the other party was a drunk driver, you can file a claim against them for your injuries and damages. An attorney can help you pursue compensation and hold the drunk driver accountable.

I was a passenger in an Uber, Lyft, or other rideshare company and was injured in an accident; what are my options?

As a passenger in a rideshare vehicle, you can file a claim against the at-fault driver, whether it’s the rideshare driver or another driver involved in the accident. An attorney can assist you in navigating the claims process.

I was involved in a car accident and now am experiencing neck and back pain; what should I do?

Seek medical attention immediately to diagnose and treat your injuries. Keep all medical records and follow up with an attorney to discuss your legal options for compensation.

How can I keep myself and others safe while on the roads?

Practice safe driving habits such as obeying traffic laws, avoiding distractions, and being aware of other road users. Regular vehicle maintenance and defensive driving techniques also contribute to road safety.

What type of Auto insurance policy am I required to carry in the State of Florida?

Florida requires drivers to carry a minimum of $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL) coverage.

What is PIP, and how does it work?

Personal Injury Protection (PIP) covers medical expenses and lost wages regardless of who is at fault in an accident. In Florida, PIP pays 80% of medical expenses and 60% of lost wages up to $10,000.

Why is it taking so long for the Insurance Carrier to payout?

Insurance payouts can be delayed due to various factors such as the complexity of the case, investigation processes, and negotiations between parties. An attorney can help expedite the process.

What is the process I should follow after a Car Accident in Stuart, Florida?

After a car accident, check for injuries, call the police, exchange information, document the scene, seek medical attention, and contact an attorney. Follow these steps to protect your rights and strengthen your claim.

What if I do not report a traffic accident?

Failing to report a traffic accident can result in legal consequences and complicate your ability to file an insurance claim. Always report accidents to the police and your insurance company.

As a victim, do I have any rights in an insurance claim?

Yes, as a victim, you have the right to seek compensation for your injuries and damages. An attorney can help you understand and protect your rights throughout the claims process.

After a car accident, what am I entitled to?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related costs. Consult with an attorney to determine your specific entitlements.

Should I seek medical attention after a car accident?

Yes, seek medical attention immediately after a car accident, even if you feel fine. Some injuries may not be immediately apparent, and prompt medical evaluation can prevent complications and support your claim.

Should I hire a personal injury attorney, and when should I do that?

Hiring a personal injury attorney is advisable to protect your rights and maximize your compensation. Contact an attorney as soon as possible after the accident to ensure timely and effective legal representation.

Why You Should Consider Working With A Stuart Car Accident Attorney

Working with a Stuart car accident attorney can significantly improve your chances of receiving fair compensation. An experienced attorney understands the complexities of personal injury law and can handle all aspects of your case, from investigation to negotiation and litigation. They will protect your rights, gather crucial evidence, and work tirelessly to secure the best possible outcome. Additionally, an attorney can navigate the intricacies of dealing with insurance companies, ensuring you are not taken advantage of and you receive the compensation you deserve for your injuries and losses.

Hiring A Stuart Car Accident Lawyer Near Me

Hiring a local Stuart car accident lawyer ensures you have someone familiar with the local laws, courts, and insurance companies. A nearby attorney can provide personalized attention and respond quickly to your needs. They can also meet with you in person, making communication more effective. At The Eberst Law Firm P.A., our local presence and commitment to the Stuart community mean we are dedicated to fighting for the rights of our neighbors and achieving the best results for our clients.

Contact a Stuart Car Accident Lawyer at The Eberst Law Firm

Getting help from a knowledgeable personal injury attorney as soon as possible after an injury or fatality accident is important. A lawyer may help you to recover more compensation than you might be able to recover on your own. A car accident attorney at The Eberst Law Firm P.A. may guide you throughout the process and work to help you build the strongest case possible.

We are dedicated to fighting for the rights of injured victims and the families of those who are killed in Stuart and throughout the surrounding areas. Contact The Eberst Law Firm P.A. today online or call us at 772-225-4900 to schedule your free consultation so that you can learn more about your potential recovery rights.

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