Bruises and contusions

Car accidents can cause minor bumps and bruises, and they can also cause more serious bruises that are known as contusions. A contusion occurs when blunt force causes the blood vessels in an area of soft tissue to become damaged or broken. As a result, blood leaks to the surrounding tissue and causes discoloration and potentially swelling. Although bruising may be painful and have a concerning appearance, contusions may also be life-threatening. A contusion can occur in just about any area, including:

• the skin
• the brain
• the lungs
• the spinal cord
• the organs
• a muscle
• a bone

Mild to moderate bruises and contusions may heal on their own, but medical attention is always advised. Bruising may be a sign of severe internal bleeding and may require immediate surgery if the organs are affected.

Internal bleeding in car accident victims

Internal bleeding is one of the most dangerous types of injuries because there are often no discernible symptoms at first. Nevertheless, the condition can be fatal; therefore, internal bleeding requires immediate medical attention. Having a thorough medical exam promptly after a car accident will allow medical professionals to identify and treat internal bleeding quickly, thus reducing the risk of a more dire outcome. When internal bleeding eventually produces detectible symptoms, the injured party may notice:

• worsening abdominal pain or swelling
• lightheadedness or dizziness
• rapid heartbeat
• breathing difficulty
• bruising
• pale, cold, or clammy skin
• numbness
• weakness
• disorientation
• Blood in urine, stool, or vomit
• lasting low blood pressure
• shortness of breath
• loss of consciousness
• severe headache

Causes of broken bones in car collisions

Broken bones, also known as fractures, can occur in multiple ways during a car collision. The force of the vehicle occupant’s body slamming into the seatbelt force can cause broken or fractured ribs. When the vehicle’s airbag deploys, the driver or passenger may collide with the airbag and sustain facial fractures or broken bones. If the airbag doesn’t deploy, the driver or passenger may hit the steering wheel or dashboard and fracture or break one or more bones as a result. If the front end, rear, or side of the vehicle gets crushed by the other object in a collision, the crush impact can cause broken bones, especially in the legs, hips, and feet.

Head injuries caused by car accidents

Are accidents are most often caused by secondary collisions that occur after the initial crash occurs. Relatively mild head injuries may include minor bumps, bruises, cuts, and abrasions. More severe head injuries occur when the impact causes a contusion on the brain, a gash that bleeds heavily, eye injury, or a skull fracture.

Truck accidents in Wesley Chapel

Truck accidents increase the risk of the parties involved sustaining very severe injuries. Commercial trucks are much larger than passenger vehicles. They are more prone to jackknifing and overturning if the weight of the truck’s cargo is unevenly distributed. Driving a truck requires extensive training and a higher level of skill in comparison to driving a passenger vehicle. All of these factors elevate the element of risk when sharing the road with semi trucks. Similar to accidents that involve passenger vehicles, truck accidents may involve third parties who may be at fault if an accident takes place. Some of these parties are:

• vehicle and parts manufacturers
• maintenance shops
• cargo loading stations
• property owners
• the truck driver’s employer

To victims who are involved in Wesley Chapel truck accidents, it may not be apparent that a third party is involved. By contacting a Wesley Chapel truck accident lawyer, accident victims benefit from having a legal expert on their side. Couture Law examines all of the facts and enlists the help of industry experts whenever necessary to identify the party who caused the accident.

Wesley Chapel motorcycle accidents

Motorcycle accidents are also more likely to cause severe injuries but for slightly different reasons. For motorcycle riders, the biggest draw is the ability to enjoy the freedom of breezing along Florida’s roads and enjoying direct contact with the sunshine and fresh air. Because motorcycles do not have a protective exterior like cars and trucks, motorcycle riders and their passengers are left completely exposed in an accident. Moreover, the relative size of a motorcycle compared to larger vehicles presents challenges that may increase the risk of being involved in an accident for Florida motorcycle riders.

CAUSES OF MOTORCYCLE ACCIDENTS

Compared to other vehicles, motorcycles have a shorter stopping distance. Although a motorcycle can brake suddenly to avoid a hazard that may be just a few feet away, other vehicles require more time and space to stop. Therefore, a motorcycle that brakes sharply has an increased risk of being struck by a vehicle that is following too closely to make a safe stop. Because motorcycles are less stable than four-wheeled vehicles, a fall may occur if pavement is damaged or if the motorcycle strikes debris on the road.

An otherwise minor accident can cause a motorcyclist to be ejected onto the pavement and suffer severe injuries or even death. People who are injured in motorcycle accidents often receive larger accident settlements and judgment awards because the injuries are often devastating. Your motorcycle accident attorney in Wesley Chapel can tell you what to expect given the unique circumstances of your wreck.

Wrongful death cases

The concept of a wrongful death claim can be confusing to the average person. Wrongful death occurs when someone’s negligent or dangerous behavior causes the death of someone else. A car accident case may also be a wrongful death case if the other party’s actions also caused the victim’s death. In Florida, surviving family members may file a wrongful death claim through an appointed representative. Surviving family members may include the victim’s:

• spouse
• children
• adoptive children
• parents
• other dependent family members

The appointed representative may file a lawsuit on behalf of the decedent victim’s estate and list all beneficiaries. If the accident victim had a lawful will at the time of his or her death, the executor typically acts as the personal representative for the purpose of filing a wrongful death claim. If the victim did not have a will, the victim’s spouse or another appointed family member may act as the representative.

Most wrongful death claims are based on the legal doctrine of negligence. In other cases, state law requires Florida courts to apply the doctrine of strict liability. Your Wesley Chapel wrongful death attorney can help you understand which rule applies to your case.

Getting a car accident settlement

Car accident cases don’t always go to court. In fact, it’s more common for the involved parties to reach a settlement agreement during the pre-trial phase. It’s not uncommon for the at-fault party’s insurance company to offer the accident victim a settlement within a few weeks of the day the accident occurred. Fearing that some amount of compensation is better than no compensation, accident victims are often tempted to immediately accent the settlement offer. In reality, the settlement offer should be viewed as the first step in a two-way negotiation process. We urge Wesley Chapel car accident victims not to accept an accident settlement check without first consulting a Florida car accident lawyer.

Larger settlements in car accident cases

By taking charge of the settlement negotiation process, a Wesley Chapel personal injury lawyer can fight to get better settlement offers for the victim. Car accident victims are often unaware of how much their case may be worth. With the help of a personal injury attorney, victims can better understand the difference between a reasonable offer from an insurance company and an offer that is much too low.

Insurance companies employ corporate attorneys who are tasked with limiting the company’s costs by minimizing insurance payouts. Accident victims should never trust the insurance company to look out for the victim’s best interest. Instead, anyone who has been injured in a Wesley Chapel car accident should immediately retain legal counsel. Insurance companies have their own in-house advocates. Injured accident victims should approach the settlement process by having their own legal professional protect their interests.

Taking a car accident case to trial

If the accident victim and the party that caused the victim’s injury are unable to reach a settlement agreement, the victim may choose to take the case to trial. Plaintiffs’ attorneys and their clients generally agree that settling outside of court is best for several reasons. Reaching a pretrial settlement, when possible, is generally a faster process than proceeding with the trial, or litigation, process. Settling requires less of the attorneys’ time and services; therefore, both sides often prefer to save money by reaching a settlement agreement. For plaintiffs, accepting a settlement means knowing the exact compensation amount and being able to plan accordingly.

Trials take place in multiple steps that occur on different dates. Each party must be afforded enough time to take turns filing the required documentation and responding. Finally, courts typically have very busy dockets. Therefore, the trial date will be scheduled according to the court’s availability. In the end, a civil trial can take several weeks, several months, or even more than one year from the initial filing to the conclusion.

Based on the facts of each individual case, we work diligently to get our clients the best settlement offer possible. However, if we are unable to reach a settlement, our team is prepared to continue to fight for our clients in court if necessary. Count on Couture for the relentless pursuit of justice in Wesley Chapel car accident cases.

Negligence in Florida car accidents

In the majority of Wesley Chapel personal injury cases, including car accident claims, the plaintiff must prove that the defendant caused the plaintiff’s injury by behaving negligently. To win a negligence-based lawsuit, the prosecution must establish four elements:

• duty
• breach
• causation
• damages

Owing a duty in an accident case

The foundation of a negligence-based personal injury case is the duty the defendant owed the injured plaintiff. A duty is a legal obligation to take reasonable steps to warn or protect the plaintiff from foreseeable harm. Following the local traffic laws, maintaining your vehicle in safe operating condition, and avoiding distraction are reasonable ways that drivers honor the duty of care they owe to others while driving.

A plaintiff’s attorney must prove the defendant owed a duty of care to the accident victim. The harm the plaintiff suffered that led to injury must be foreseeable. For example, the average driver would not foresee a plaintiff being injured as a result of having a seizure after being triggered by the color of the defendant’s car. Proving duty can be a challenge in some cases. Therefore, it is always best to consult a Wesley Chapel car accident lawyer.

Breach of duty in a personal injury case

After establishing that the defendant owed a duty to the plaintiff, the plaintiff’s attorney must next prove the defendant breached the duty. A defendant breaches its duty of care if it fails to act reasonably to prevent the plaintiff from an accident and resulting injury. Conversely, a defendant did not breach its duty owed to the plaintiff if the plaintiff’s injury occurred despite the defendant having behaved reasonably. For example, some delivery trucks display a sign that says “This vehicle makes sudden stops.” Someone who drives such a vehicle is less likely to be liable to a plaintiff whose vehicle collides with the truck due to the defendant making a sudden stop.

Establishing causation in an accident case

Injured plaintiffs must prove a link between the defendant’s behavior and the plaintiff’s injury. More specifically, the plaintiff must establish that the defendant’s behavior caused the plaintiff’s injury. Florida courts determine cause by using a two-part test. In the first part of the test, the court asks if the injury wouldn’t have happened “but for” the defendant’s actions. Next, the court asks in the second part of the causation test whether the plaintiff’s injury was a reasonably foreseeable outcome of the defendant’s conduct.

Calculating damages after an accident

Lastly, the plaintiff’s attorney must prove that the plaintiff suffered a quantifiable loss, also known as damages, as a result of the defendant’s behavior. Damages can be tangible economic losses or intangible. Some examples of economic damages are:

• lost income due to taking time off from work
• medical expenses for doctor’s visits, hospital stays, equipment, services, and supplies
• future lost income due to disability
• ongoing medical expenses for therapies, rehabilitation, and other support services
• funeral expenses if the injury caused the victim’s death

Plaintiffs may also receive compensation for intangible damages that have affected the way the plaintiff feels overall. Examples of intangible damages include:

• emotional distress
• pain and suffering
• changes that negatively affect quality of life
• loss of consortium
• loss of parental guidance

Courts are more likely to award damages for intangible injuries in cases in which the plaintiff sustained a severe long-term injury. Loss of consortium and loss of parental guidance are most often awarded to the victim’s surviving family members if an accident causes the victim’s death.

Comparative negligence in Florida car accident lawsuits

Chances are you are already familiar with the legal concept of pure negligence. In a pure negligence system, courts award plaintiffs 100% of the amount of their judgement. Some states have implemented modified versions of pure negligence. Florida courts utilize a comparative negligence system in personal injury cases. In 2023, the state made the switch from pure comparative negligence to modified comparative negligence.

Pure comparative negligence vs modified comparative negligence

In a comparative negligence system, judges determine how much fault the plaintiff and the defendant each contributed to the accident. Next the judge assigns a percentage to each party that corresponds to the amount of fault each party contributed. The judge reduces the plaintiff’s award by the percentage of fault assigned to the plaintiff. For example, a plaintiff who establishes $100,000 in damages and contributed 20% of fault in the accident would receive a judgment for $75,000.

Under pure comparative negligence, a plaintiff may receive compensation even if he or she was more than 50% at fault in the accident that caused his or her injury. Florida’s new modified negligence rule prevents a plaintiff from being able to receive compensation in court if the plaintiff contributed more than 50% of fault in the accident. However, plaintiffs who are less than 50% at fault may still receive compensation. Similar to pure comparative negligence, the court will reduce the amount of the plaintiff’s award by a percentage that corresponds to the plaintiff’s percentage of fault.

Courts do not use a scientific formula to determine fault percentage. With Florida’s new comparative negligence law in place, every percentage counts. Therefore, having the right attorney can be a game changer. An experienced attorney can help plaintiffs tip the scale in favor of receiving a larger judgement in court.

Reach out to us for help with your case

Couture Law is Wesley Chapel’s trusted law firm for car accidents. We take accident victims’ rights seriously, and we serve our clients with professionalism and compassion. Contact us if you need a strong legal advocate on your side to stand up to the insurance companies or to navigate Florida’s civil court system. The first step toward getting the compensation you deserve is to call a Wesley Chapel injury attorney from our firm. A member of our team will follow up with you and conduct a preliminary interview. We will carefully review the facts of your case and explore your potential legal options.