Monday, 27 September 2010 20:07
The Law Affecting Automobile Accident Claims
When a client talks with an attorney about an automobile accident and claims arising from the accident, there are a number of initial questions that must be answered. One of the questions is whose fault was the accident? Another question is was anybody injured? A third question is was there damage to either or both of the vehicles? There are other significant questions as well but these three questions certainly are a good starting point.
If the accident was caused by the other driver, the attorney should advise his client about the fact that many of the medical bills and much of the lost income experienced by the client, will be paid by the client’s own insurance company under Florida’s No-Fault insurance law. Under this law, it does not matter who was at fault, your own insurance pays much and maybe all of the medical bills and much of the loss of income from an automobile accident.
If the client has been injured, the attorney must look into the question of whether or not the injuries are of a permanent nature. If the client is not injured or the injuries are expected to heal, there may be no claim for the injuries. In Florida, generally speaking, there must be a permanent injury for there to be a claim for the pain, anguish, mental distress, suffering, affect on activities, limitation on enjoyment of life, and other elements of damages.
If there is a permanent injury, the client, through his attorney, will first look to determine if there is any liability insurance coverage in effect on behalf of the person responsible for the accident. If there is no such coverage, then the injured person can try to be compensated under what is called uninsured motorist coverage, which is insurance coverage which, hopefully, the client has in his policy. This coverage acts as if it were insurance in effect on behalf of the party responsible for the accident.
In representing the client, the lawyer’s goal is, as in other cases, is to try to make the client whole. He tries to do this by getting the medical bills paid, getting the lost income paid, and also getting compensation if the client is injured, for non-economic damages such as past and future pain, suffering, mental anguish, loss of the enjoyment of life, and other damages.
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The American Trial Lawyers Association is a national organization composed of the Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile as trial lawyers, both civil plaintiff and criminal defense. Samuel Bearman is honored to be listed in the Top 100 Florida Trial Lawyers. |
Contact Info
Law Office of
Samuel W. Bearman, L.C.
Attorney at Law - Pensacola, Florida
820 North 12th Avenue
Pensacola, Florida 32501
Tel: 850.438.1000
Fax: 850.438.1022
Samuel W. Bearman, L.C.
Attorney at Law - Pensacola, Florida
820 North 12th Avenue
Pensacola, Florida 32501
Tel: 850.438.1000
Fax: 850.438.1022

