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Negligent Security Seminar | March 2015

Florida personal injury lawyers

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Car Accident Personal Injury Claim Against Me

In the United States, there are an average of 6 million car accidents every year. Approximately half of these accidents result in personal injuries.

When you are potentially at fault in a car accident, you should never simply admit fault. Get to know your insurance coverage and then work closely with them and possibly an attorney throughout the process of the claim.

It’s best to let the legal process do its job to ultimately determine fault. If they determine you are at fault, it happens! That’s what your insurance is for but it may cause some extra work and heartache for you in the end.

If you happen to have a car accident personal injury claim filed against you, here are some simple things to keep in mind.

Stay Calm

At the scene of the accident, things can easily become hectic and overwhelming. Even some of the smallest accidents can wreak havoc on your emotions. It’s possible that you will need to move out of the roadway or even help call 911 from the accident.

Staying calm will most likely be the farthest thing from your mind, but it is crucial. If you need a moment to take some deep breaths and get yourself together, take it. Don’t scream and get angry, stay polite, and avoid arguing or discussing the details with the other parties involved.

Cooperate with authorities appropriately and let them do the job they need to do.

Don’t Discuss Fault

This part is very important. You should never simply openly admit fault. Don’t make accusations and don’t raise your hand determining your own fault. Be very careful about the things you say and how you discuss the accident. It is best if you and any other involved parties don’t discuss any specifics of the accident or potential fault at the scene.

Remember that the appropriate authorities will complete an investigation and it is their responsibility to ultimately determine fault. They can assess the total scenario and take it from there. There is no need for you to mention that you are sorry or that you didn’t realize that car was coming or any other similar statement that places the blame on your shoulders.

Be honest and be cooperative. Do not blatantly try to cover up details. There is a fine line here. The simple matter is to completely avoid discussing fault and never simply blame yourself with your words.

When all of the facts from all parties are considered, fault can be determined by the professionals.

Know Your Car Insurance Coverage

Many people have absolutely no idea what their car insurance coverage entails. You don’t necessarily have to memorize every detail of your car insurance but it’s a good idea to familiarize yourself with the major details.

Should you happen to have a personal car accident claim against you, reach out to your insurance and understand the coverage as well as how the process might work with the claim. Your insurance company will be on your side and they will defend you should there be a lawsuit against you.

Find out what insurance covers and work from thee.

Be aware that if it is determined you are at fault and there is coverage used, it is quite possible that your premiums will go up. In addition, should the claims against you exceed your coverage, you could find yourself personally responsible for the difference.

Accidents in a No-Fault State

There are many states that have incorporated a no-fault system. In these states, fault is essentially irrelevant, but in major car accidents it could still be a factor. Keep in mind the other tips provided for your responses and reactions.

Here are the states that currently have no-fault rules in place.

  • Florida
  • Kansas
  • Hawaii
  • Michigan
  • Kentucky
  • Minnesota
  • New York
  • New Jersey
  • North Dakota
  • Utah
  • Washington D.C.
  • Pennsylvania

When an accident occurs in a no-fault state, personal insurance is always turned in first. Sometimes, the other person’s insurance is never utilized, regardless of potential fault.

With that in mind, you should know that it is still possible to be subject to liability or even a lawsuit against you from a car accident. Each state has different laws so it is best to understand your state and work with your attorney on the details.

No Insurance Coverage

Most states require insurance coverage to be on the road. There are still many drivers who violate these laws. In the event of a car accident, failure to have insurance coverage could cause you to be personally reliable with no insurance coverage to back you up.

In this case, the other parties can file suits against you that might result in judgments against your income or assets. This could be something you will deal with for many years to come.

You will probably hear from various debt collectors as well as attorneys over and over and there is not much you can do to stop it. In addition, be prepared to pay for your own expenses after the accident as well since there was no coverage for your own vehicle either.

Legal Assistance

If you have a car accident personal injury claim against you, you should seek legal assistance with the matter. There are attorneys who will fight hard for the claimant to get a settlement but there are also attorneys who will fight hard to defend you as well.

Find a seasoned attorney with proven success in defending car accident claims. This is your best chance to reduce the claim and protect yourself from substantial financial recourse.

Leighton Law is available to help you in your time of need. John Leighton is a board certified lawyer who is nationally known for handling personal injury cases, including defending a claim. John Leighton and partner Max Panoff work very hard to support their clients and have a proven track record of success.

Both Mr. Leighton and partner Max Panoff are recognized by Florida SuperLawyers as being among the most skilled and recognized in Miami for their handling of accident cases. Mr. Leighton has been listed in The Best Lawyers in America for over a dozen years and selected for many awards like Florida Legal Elite and “Top Lawyers” in The South Florida Legal Guide.

 

 

Article by:

John Leighton

A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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