Experiencing a car accident in Melbourne can profoundly impact your life. If another driver’s negligence led to your crash, you can seek compensation through their insurance.
Our Melbourne personal injury lawyers at Lytal, Reiter, Smith, Ivey & Fronrath are dedicated to helping you successfully navigate your car accident claim and secure the resources needed for your recovery journey.
What should I do after a car accident in Melbourne?
Experiencing a car accident can be overwhelming, but knowing the proper steps to take immediately afterward is crucial. Maintain composure and follow these steps:
- Move your vehicle to a safe location, if possible, to prevent further issues.
- Call 911 for emergency assistance, regardless of the accident’s severity. The police report is vital for your insurance claim.
- Allow emergency medical responders to evaluate you at the scene; adrenaline may mask injuries.
- Provide your account to the police, focusing on the events leading up to the crash, and request a copy of the report.
- If safe, gather evidence at the scene, exchange information with the other driver, and collect witness contact details.
- Notify your insurance company about the crash, but limit the details shared. Direct further inquiries to your attorney to avoid self-incrimination.
- Visit Urgent Care or your regular physician to document your injuries and maintain records of all medical expenses.
- Schedule a free consultation with a Melbourne car accident lawyer to explore your legal options.
Compensation in car accident cases: what can you expect?
“Damages” encompass the physical and economic setbacks you’ve endured due to the accident. Typically, compensation in these scenarios falls under economic and non-economic damages.
Economic damages
Economic damages are intended to reimburse you for the financial burdens directly stemming from the accident. This category covers the costs of repairing or replacing your vehicle damaged in the crash. It also includes compensation for lost income and potential future earnings if your injuries hinder your capacity to work. Moreover, these damages encompass all healthcare-related expenses, from immediate medical care to ongoing treatments and future medical needs.
Non-economic damages
Non-economic damages, also referred to as general damages, are designed to offer compensation for the intangible losses you’ve suffered due to the crash. These include emotional stress, physical discomfort, diminished enjoyment of life, disfigurement, and either temporary or permanent physical disabilities.
Should the insurance provider fail to propose a settlement that accurately reflects the extent of your losses, pursuing a lawsuit against the at-fault party may be necessary to secure comprehensive recovery.
How do you prove negligence in a car accident case?
Securing compensation in a car accident lawsuit critically depends on your attorney’s skill in demonstrating that the other party’s negligence caused your injuries. This requires articulating four essential components:
- Duty of care: an individual’s obligation to exercise reasonable caution under specific circumstances.
- Breach of duty: failing to uphold this duty.
- Causation: linking the breach of duty to your injuries.
- Damages: establishing verifiable losses.
How long do I have to file a claim?
In Florida, you generally have four years from the date of your injury to file a lawsuit. There is an exception for cases involving fatalities – in these cases, you have two years from the date of the deceased person’s death to file.
What’s the legal process for car accident claims?
The legal process in car accident claims can be daunting. It starts with a consultation with an attorney, followed by an investigation into the accident. If a settlement isn’t reached with the insurance company, the case may proceed to trial.
Hurt in a car crash? Our Melbourne car accident attorneys are ready to help.
Lytal, Reiter, Smith, Ivey & Fronrath is committed to achieving successful outcomes for our clients through diligent work and dedication. If you’ve been injured due to someone else’s negligence and seek compensation, our team can help. Call us to schedule your free consultation, and let us advocate for your recovery.
