In some U.S. states, you can lose the ability to recover damages after an accident if you weren't wearing a seat belt. However, in some states, including Florida, you can still receive compensation despite not wearing a seat belt. The law allows you to recover damages for injuries sustained in an auto accident caused by another driver's negligence or recklessness.
Recovering damages after an accident is no easy task, and it can be even more difficult if you were not wearing your seat belt at the time of the accident. A lawyer can guide you on how to secure fair compensation, though.
The Ramifications of Not Wearing a Seat Belt
While the law allows you to recover damages for injuries suffered from a negligent party's actions, it can be difficult to obtain compensation if you weren't wearing a set belt. You must show that the other driver's negligence played a role in causing your injuries.
You need to prove that the other driver should have been aware of your vehicle or yourself. For instance, if the other driver saw you before hitting you, it would be hard for him to argue that he didn't know about you.
It might be harder to receive compensation for your injuries if you weren't wearing a seat belt, but it's not impossible. Be aware that if you can obtain compensation, there are some limitations on how much you can recover.
How to File a Claim After an Accident Caused by Another Driver's Negligence
There are two types of actions you can take after being involved in an automobile accident:
1) A personal injury lawsuit. This involves filing a complaint with the court where you seek monetary compensation for your injuries. It's important to note that you can't sue until you file a legal claim against the person at fault.
2) An insurance claim. This involves filing a claim through your own insurance company. There are many reasons people choose to file claims through their insurance companies. Some of them include:
- You want to avoid paying out-of-court settlements.
- You want to make sure you keep all of your benefits.
- You want to ensure that your rights are protected under the policy.
It is important to note that filing a claim through your insurance company does not mean you can't pursue a personal injury lawsuit against the other driver. On the contrary, you can still file a personal injury lawsuit against a negligent party. Don't feel like you have to pick one or the other when both are an option.
There Are Important Decisions to Make
When you are involved in an accident, you will have decisions to make in the claims process, including whether to:
1) Accept the settlement offered by the other driver's insurance company.
2) File a personal injury lawsuit against another driver.
3) Choose between accepting or rejecting the settlement offered by the insurance company.
In most cases, choosing between accepting or rejecting the offer is the best option. However, there are times when you should consider going to court and fighting for more money. Here are some examples of when you should go to court:
- When the other driver refuses to pay you what you deserve.
- When you feel like the other driver has acted unfairly.
- When you believe that the other driver was at fault.
The main goal of any auto accident attorney is to help clients who have suffered from the negligence of others. We will work tirelessly to protect our client's interests to achieve this goal. We will also take care of every aspect of your case, including negotiating on your behalf.
How Will a Personal Injury Lawyer Help Me If I Wasn't Wearing a Seat Belt?
If you weren't wearing a seat belt, you could still recover damages. It doesn't matter how severely you were or weren't injured or how your injuries would have been different if you'd been wearing a seat belt.
The law states that you have no duty to protect yourself from harm. You can still collect damages for pain and suffering, medical expenses, lost wages, etc. A personal injury lawyer will help you get what you deserve.
Get Help Today from Dolman Law Group
The laws surrounding getting damages for car accidents are complicated, but you don't have to let them scare you. Dolman Law Group can help you through the legal process and represent you during negotiations. Let us take care of the legal work for you while you care for yourself. Call us for a free consultation today.