If you find yourself injured as a passenger in a car accident in Florida, you may wonder about your legal rights. At Buchalter Hoffman and Dorchak, we are committed to helping passengers understand and assert their rights following car accidents. Can you sue for your injuries? The answer is yes, and here’s how.
The Right to Compensation
Under Florida law, passengers who suffer injuries in vehicle accidents have the right to seek compensation from various parties, depending on the specifics of each case. This multifaceted approach to liability ensures that all negligent parties are held accountable, providing a broader scope for injured individuals to recover damages. Here are the potential defendants in such claims…
Liability of the Driver of the Vehicle You Were In
If the accident was caused by the negligence of the driver of the vehicle in which you were a passenger, this driver can be held legally responsible. Negligence might include actions such as distracted driving, driving under the influence, or violating traffic laws. Florida’s standard of negligence is outlined under Florida Statutes Section negligence, whereby proving the driver owed a duty of care to the passenger, breached that duty through careless actions, and caused the injuries directly.
Liability of the Driver of Another Vehicle
Similarly, if another driver’s actions led to the accident, that driver can also be held liable. This could be due to reasons such as reckless driving, speeding, or failure to obey traffic signals, as dictated by the same negligence statutes. In cases involving multiple vehicles, the complexity of establishing fault can increase, necessitating thorough investigations and often requiring expert testimonies to discern the sequence of events and assign fault accurately.
Liability of Additional Parties
In some scenarios, parties other than drivers might also bear responsibility:
- Vehicle Manufacturers: If a vehicle defect contributed to the accident, the manufacturer could be held liable under product liability laws. According to Florida Statutes Section negligence and product liability, the plaintiff must prove the vehicle had a defect that was unreasonably dangerous, the defect caused the injury, and the vehicle was being used in a manner intended by the manufacturer.
- Government Entities: Issues like poorly maintained roads or malfunctioning traffic signals can also lead to accidents. Claims against government entities involve specific challenges and are governed by Florida Statutes Section 768.28, which waives sovereign immunity in certain situations, allowing for lawsuits if negligence can be demonstrated.
Types of Damages You Can Claim
In Florida, if you’re injured as a passenger in a car accident, you can claim several types of compensation. Economic damages cover immediate financial losses like medical bills for emergency treatments, hospital stays, surgeries, medications, and any ongoing medical care. These damages also include compensation for lost wages if you’re unable to work during recovery, and even future income if you can’t return to the same job due to your injuries. For serious injuries that require long-term or permanent care, such as rehabilitation or in-home nursing, you can also claim costs for these services.
Non-economic damages cover the less tangible impacts of the accident. This includes compensation for pain and suffering, which addresses both the physical discomfort and emotional distress you’ve experienced. Although these are harder to quantify, they are recognized by Florida law, which doesn’t limit the amount you can claim for most personal injury cases. You can also seek damages for loss of enjoyment of life if your injuries prevent you from engaging in activities and hobbies you enjoyed before the accident. Additionally, if the accident results in severe psychological effects like anxiety, depression, or PTSD, you can claim for emotional distress to cover these serious non-physical effects. To get a clearer picture of how such claims are structured, speak with one of our Miami Florida injury attorneys.
Take the First Step with Buchalter Hoffman and Dorchak
At Buchalter Hoffman and Dorchak, we understand the emotional and financial toll a car accident can have on a passenger. Our dedicated team of Miami, FL personal injury attorneys is ready to help you navigate the legal process. We offer services in both English and Spanish, making sure all our clients receive the best possible representation.
With over 40 years of experience in personal injury claims and disputes against insurance companies, our firm is uniquely positioned to handle your case. Reach out to us today and let us help you start on your path to recovery.