Gibsonton Car Accident Lawyer

Gibsonton Car Accident Attorney

Car accidents are a leading cause of accidental injuries and deaths in Gibsonton and throughout Hillsborough County each year. These incidents can occur for a number of reasons, from various forms of negligence to intentional and illegal misconduct behind the wheel. For example, a 30-year-old Gibsonton man was fatally injured in an April 2023 car accident on US-41. A driver lost control of their vehicle, crossed the center median, and collided with another vehicle head-on. This is an unfortunate example of how car accidents can happen very quickly, unexpectedly, and cause tremendous harm.

Experienced Legal Counsel for Car Accident Victims in Gibsonton, FL

Whenever a car accident happens in Hillsborough County, an injured driver faces a series of complex legal issues when it comes to recovering their losses. Florida upholds the no-fault rule when it comes to most vehicle accidents, meaning drivers are expected to use their own insurance to pay for their damages regardless of fault, and insurance is a strict requirement for all drivers in the state. However, this no-fault rule does not mean you will not have any grounds for legal recourse if another driver is clearly responsible for your recent accident.

Santini Law Firm can provide the legal counsel you need to navigate your recovery efforts with confidence after another driver has injured you in the Gibsonton area. Our team has years of professional experience helping our clients navigate complex civil cases, including those arising from vehicle accidents. If you think you can recover your damages through auto insurance, our team can guide you through the claim filing process and verify that your insurer handles your claim fairly. When insurance alone cannot compensate your losses, our team can help build a comprehensive personal injury suit against the at-fault driver.

How to Prove Fault for a Car Accident in Gibsonton

While the state’s no-fault rule may seem to imply that you do not need to prove liability after a car accident, this is only true if you can fully recover your damages through insurance alone. However, even if your insurance does fully cover your losses, proving fault can potentially prevent your premium rate from increasing, saving you money on insurance costs in the future. When insurance cannot fully cover your damages, you can file a personal injury claim against whoever caused your car accident to recover the losses that insurance cannot provide, and proving fault will be an essential first step in this process.

Car accidents in the Gibsonton area most often occur because of negligence, or failure to act with reasonable care behind the wheel. Distracted driving, speeding, and traffic violations are just a few examples of negligence that can easily cause serious accidents in Hillsborough County. According to recent accident data from the National Highway Traffic Safety Administration (NHTSA), distracted driving accounts for roughly 3,000 traffic deaths in the United States each year. Your Gibsonton car accident attorney can be invaluable for the assistance they can provide when it comes to gathering the evidence you will need to prove liability for your recent accident and hold the appropriate driver or drivers accountable for the harm they’ve done.

If you were severely injured in your accident and do not remember the exact details of how your accident happened, your Gibsonton car accident attorney can help gather evidence like traffic camera footage, statements from witnesses who saw the accident happen, and digital evidence like cell phone records to help you prove liability. It’s important to remember that the state enforces the modified comparative fault rule, which comes into play whenever a plaintiff bears partial liability for their claimed damages. Under this rule, a plaintiff can still recover compensation for their damages as long as they are less than 50% at fault. Whatever fault percentage they hold is taken out of their case award as a penalty, and they keep the rest. If their fault is 50% or greater, they cannot claim compensation from any other party and will be solely liable for their damages.

Navigating the Insurance Claim Process

Every driver is required to have no-fault insurance that includes coverage for personal injury protection (PIP) and property damage liability (PDL). Filing an auto insurance claim after a car accident in Gibsonton may appear to be a straightforward process, but the reality is that you are likely to encounter resistance from the insurance carrier as these companies generally do everything they can to avoid paying out on claims. When you have an experienced Gibsonton car accident attorney advising you, an insurance company representative will be far less inclined to attempt any bad faith tactics once they see that you are represented by counsel.

Your Gibsonton car accident attorney can help file your claim and resolve any issues raised against the claim by the insurance carrier. They can handle correspondence with insurance company representatives for you until you receive a fair settlement offer. If you suffered severe injuries and insurance alone can’t compensate the full extent of your damages, the next step in your recovery process is to file a personal injury claim against the at-fault driver.

Claimable Compensation in Your Personal Injury Suit

The main objectives of a personal injury claim are to identify the party responsible for your damages, prove the full extent of those damages, and prove that they did not result from any other cause. Success with your personal injury claim could mean full recovery of your damages, and you will have a much greater chance of success when you have a seasoned Gibsonton car accident attorney representing your case.

The average personal injury plaintiff will have grounds to claim the entire extent of economic damages the defendant inflicted. Some of these claimable losses will be immediately apparent, while others are more difficult to calculate. It’s important to remember that you have the right to seek compensation for both immediate and future economic damages resulting directly from the defendant’s actions, and these are likely to include:

• Medical treatment costs. The PIP coverage in your auto insurance policy may cover some of your immediate medical expenses after an accident, but this insurance typically only provides up to $10,000. There are also restrictions concerning what medical procedures this insurance will cover. Your Gibsonton car accident attorney can help ensure that all immediate and future medical treatment costs are properly addressed in your claim, including the cost of future rehabilitative care your injuries could require.
• Lost wages. When you cannot work due to your injuries, the defendant who injured you is liable for the income you are unable to earn during your recovery period. If your accident has left you permanently disabled in a manner that directly diminishes your earning capacity, or if you are unable to work at all due to the severity of your injuries, your attorney can help recover compensation for the future income you are no longer able to earn.
• Property damage. Insurance may not fully cover your auto repair costs or the cost of replacing your vehicle if it has been damaged beyond repair. You can also claim the cost of replacing any personal belongings inside of your vehicle that were lost in the crash.

The average car accident victim in Gibsonton may be able to account for immediately noticeable economic losses, but the accurate calculation of the full long-term impact of an accident is likely to be far more challenging without an attorney’s assistance. Additionally, the victim has the right to claim pain and suffering compensation alongside their economic damages.

Florida’s personal injury laws do not set a limit for pain and suffering compensation in vehicle accident cases. This means a plaintiff may claim as much as they believe to be appropriate to account for the severity of the harm they suffered and the extent of long-term medical complications they face due to the accident. For example, if you suffered a traumatic brain injury resulting in a permanent disability, you could be unable to work or live independently in the future. A plaintiff facing this type of situation would have grounds to claim much more pain and suffering compensation than a plaintiff expected to fully recover from their injuries.

Find Your Legal Counsel Now

Time is a crucial concern for anyone facing the aftermath of a damaging car accident in Gibsonton. You have a limited time in which to notify your insurance carrier of your intent to file a claim after an accident and you must meet the statute of limitations if you intend to pursue a personal injury claim against the at-fault driver. If you are struggling with painful injuries or helping your injured loved one recover, an experienced Gibsonton car accident attorney is an invaluable asset in this challenging situation.

Santini Law Firm is ready to provide the compassionate legal counsel you need in this challenging situation. Our team has years of experience helping our clients recover their losses from all types of vehicle accidents in Hillsborough County and we are ready to put this experience to work for you in your recovery efforts. Contact Santini Law Firm today to schedule a free consultation with a Gibsonton car accident attorney and find out how we can help you recover from your recent accident as fully as possible.