Davie Car Accident Lawyers

The city of Davie is a pleasant place to live, work, or attend an institute of higher education. Still a small town at heart, Davie’s population has been rising in recent years and now nears 100,000 residents. As this surging population – along with tourists and business visitors to the area – make their way along busy highways like I-75, I-95, and I-595, motor vehicle accidents become increasingly common. The experienced Davie car accident lawyers at Cohn & Smith regularly represent people who have been hurt in crashes throughout the area.

If you or a family member has been involved in a crash, you probably have questions about the legal process. You should know that most car accident lawsuits take the form of a negligence claim against the motorist whose careless driving caused the crash. For example, the other driver may have failed to yield at an intersection, engaged in texting behind the wheel, or been driving under the influence of alcohol or drugs.

An injured person must prove certain things in order to recover compensation from the defendant. The defendant must have violated a duty of care that they owed to the plaintiff, the plaintiff must have been injured, and the defendant’s careless conduct must have been the proximate cause of the plaintiff’s injuries. Each of these elements of negligence must be proven by the plaintiff by a preponderance of the evidence.

Not every accident is caused by just one motorist’s breach of the duty of care. Sometimes a plaintiff is also partially at fault. Fortunately, since Florida is a comparative fault state, a plaintiff’s own fault does not bar their right to compensation in a negligence action against a motorist who did not act in a reasonably prudent manner. The jury is allowed to consider the plaintiff’s fault in determining the percentages of fault attributable to each party, and a finding of comparative fault against the plaintiff will reduce the amount of money ultimately received in compensation for medical expenses, pain and suffering, lost wages, and other damages. For instance, if the jury finds that the plaintiff in a car accident case was 10% at fault and had $150,000 in total damages, the plaintiff would be able to receive up to $135,000.

There is a strict time limit (called the “statute of limitations”) for filing a claim in a Florida negligence lawsuit arising from an automobile accident. A plaintiff who does not file a claim within this time period will be unable to recover damages in most cases. Thus, it is important to consult with an attorney soon after a Davie car accident so that the appropriate paperwork may be filed in court. Some crashes are more complicated than others, and other deadlines, such as notice requirements or statutes of repose, may also apply.

The physical, emotional, and financial consequences of a car accident may be difficult to understand until you or a loved one is seriously hurt due to another person’s careless or reckless driving. It may be difficult to think about a long-term strategy at such a time, but getting timely and detailed legal advice is critical. The Davie car accident attorneys at Cohn & Smith can advise you about the filing requirements, deadlines, and other procedural hurdles in a car accident case and help you get started on the path to recovery. Call us at (954) 431-8100 or contact us online to set up a free, confidential case evaluation with a knowledgeable motor vehicle collision lawyer.