After a car accident, you may have grounds for compensation. A liable party may have to cover your medical bills, lost wages, and more. You also have the right to legal representation when filing an insurance claim or personal injury lawsuit. Our experienced team of Melbourne personal injury lawyers will help you understand your rights and options.
Working with a car accident lawyer in Melbourne at Bogin, Munns & Munns can take the weight of the legal process off your shoulders. They can evaluate your legal options for compensation and fight for what you deserve.
Types of Recoverable Compensation in a Melbourne Accident
There are many types of auto accident expenses that will occur in the days and weeks following the accident, and they may warrant compensation. Immediate losses include:
- Medical Expenses: This includes costs for emergency services, hospital stays, surgeries, medications, rehabilitation, and any future medical care related to your injuries.
- Lost Wages: Compensation for the income you have lost while unable to work during your recovery.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or working at the same capacity, you can claim compensation for reduced future earning potential.
- Property Damage: Reimbursement for the repair or replacement of your vehicle and any other personal property damaged in the accident.
- Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced since the accident.
- Wrongful Death Damages: If the accident resulted in the loss of a loved one, you can pursue damages for lost companionship, support, potential future earnings of the deceased, funeral and burial expenses, and emotional suffering.
These are just some expenses that you may recover. You may be eligible for additional losses and forms of compensation, it just depends on the specific impact of your injuries and losses. The more serious your injuries, the more money it will typically cost during your recovery.
To consult with an experienced car accident lawyer serving Melbourne, call 855-780-9986
Car Accidents in Melbourne Can Result in Serious Injuries
Serious car accidents can result in severe injuries. Depending on the specifics of the accident, these injuries can take a long time to heal or create long-term disabilities. Some of the injuries caused by serious car accidents include:
- Broken bones: It is possible to break bones if the car stops too fast or part of your body hits the inside of the car. Loose objects can also bounce around the cabin and cause broken bones.
- Concussions: Your head hitting the inside of the car can lead to a concussion. Airbags can also cause concussions if the driver is too close to the airbag when it goes off.
- Bruises: As reported by the International Journal of Surgery Case Reports, seatbelts are known to cause severe bruising during accidents, known as seat belt syndrome. The most severe bruises need medical treatment and could lead to internal injuries.
- Traumatic brain injuries: Brain trauma during an accident can lead to serious brain injuries. In most cases involving brain injuries, the victim will need extensive medical care for a long time to recover.
- Death: Untreated injuries and the most severe injuries can result in death.
There are many other injuries not covered on this list. Any injury from an auto accident warrants medical assessment, regardless of how minor it appears. Seek medical attention for everyone involved in the accident as soon as possible.
Medical documentation also helps corroborate your losses when you file a claim. It can link your injuries to your accident, as well. When you go to the doctor, an insurer cannot claim you worsened your injuries.
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Holding the At-Fault Driver Responsible for a Collision
If someone else’s negligence caused your accident, you can hold them responsible for your injuries. The burden of proof falls in your court, though, so you will need ample evidence to prove their liability. This is something we can help you with.
Our Melbourne accident attorneys can demonstrate the four elements of negligence in your case by:
- Illustrating that the other driver owed you a duty of care
- Establishing that they breached the duty, such as by distracted or drug-impaired driving
- Linking their negligence to the accident that caused your injuries
- Proving your losses resulted from your accident-related injuries
We can compile evidence, including police reports, driving histories, eyewitness statements, and expert medical opinions, to bolster your claim for compensation. You may still be eligible for compensation even if you shared fault for the accident.
Who May Be Liable for Your Losses After a Car Accident in Melbourne?
You may automatically assume the at-fault party is liable for your losses, but you may be mistaken. For example, if the driver was working at the time, their employer may be liable.
There may also be more than one liable party, such as an auto parts manufacturer or a government entity. It all depends on what caused the accident and who behaved negligently.
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Steps to Take After a Car Accident in Melbourne
Immediately after your car accident, there are some steps that you can take that can help you down the line to protect your health and rights.
Seek Medical Care
First, you will want to call for emergency services, even if the accident seems minor. Many car accidents cause injuries that have delayed symptoms and lead to long-term medical conditions. If you do not assess your injuries, you may leave money on the table later on during negotiations.
Keep All Your Receipts and Document Your Losses
If you have medical bills or wage stubs, make sure you save them. If you are in pain, try keeping a daily journal describing how it affects your activities. These can serve as invaluable pieces of information that can substantiate your claim or lawsuit.
Consider Taking Legal Action to Recover Your Losses
You can decide to pursue legal action against the other driver responsible for the accident even though Florida is a no-fault state. While you will still need to file a claim with your personal auto insurance provider, you can hold the other party accountable for other expenses you incur, such as long-term medical expenses and lost wages.
A Melbourne car accident lawyer from our firm can review and prepare your case so you can focus on healing.
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Melbourne Car Accident Lawsuits Are Time-Sensitive
In Florida, the statute of limitations for filing a lawsuit related to a car accident is crucial to keep in mind. You have only two years from the date of the accident to initiate legal proceedings against the responsible parties per Florida Statutes § 95.11. This timeframe applies to lawsuits for personal injury claims and wrongful deaths
arising from car accidents. If this deadline is missed, you may lose your right to seek compensation for your injuries and damages. At Bogin, Munns & Munns, we urge you to contact us promptly after your accident so we can ensure your claim is filed within the legal deadlines, protecting your rights to compensation.
Insurance Companies May Try to Blame Your for The Auto Accident
In Florida, the comparative negligence doctrine, outlined in Florida Statutes § 768.81, can significantly impact your ability to recover damages after a car accident. Under this rule, if you are found partially at fault for the accident, your compensation can be reduced by your percentage of fault. For example, if you are deemed 30 percent responsible, your recoverable damages will be reduced by 30 percent. However, if your fault exceeds 50 percent, you cannot recover any damages.
In many cases, the other driver’s insurance company might attempt to shift a greater portion of the blame onto you to minimize their liability and reduce your compensation. At Bogin, Munns & Munns, we understand these tactics and are prepared to rigorously defend your rights. We will work diligently to investigate your case, gather evidence, and advocate on your behalf to ensure the fault is fairly assessed and your compensation is maximized.
Discuss Your Case with a Member of Our Car Accident Team in Melbourne
If you or a loved one is involved in a car accident, you could be entitled to compensation to cover your car accident-related expenses. An insurance settlement or court-awarded offer can help you and your family cope with your losses.
We can help you learn more about working with our lawyers in Melbourne. Call Bogin, Munns & Munns for a free consultation with a member of our team. We can answer your questions about the legal process and provide recommendations about what you could do next.
Call or text 855-780-9986 or submit our Consultation Request form today
