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3 FAQs About Car Accident Claims Involving Head-on Collisions

October 15, 2019

by Donaldson & Weston

personal injury lawyer

Head-on collisions may be rare, but they almost always result in serious injuries. Victims who are fortunate enough to survive may face an uphill climb to recovery. They’re also likely to incur steep medical bills and lost income.

Florida is a no-fault state, which means an accident victim cannot bring a claim directly against the at-fault driver unless the “serious injury” threshold is met. Due to the devastating force of a head-on collision, it’s common for those involved to sustain injuries that meet this threshold.

If you or someone you love was hurt in a head-on collision, you may be wondering how to approach the claims process. Below we’ve answered some of the most frequently asked questions about these cases:

1. What Evidence Might Contribute to My Car Accident Claim?

For your third-party claim to result in a financial recovery, you must prove both liability and damages. The strongest evidence of liability will depend on the underlying cause of the accident and the facts surrounding your case, but the following evidence often plays an important role:

  • Eyewitness testimony;
  • Photographs of the wreckage;
  • Dash cam footage;
  • The official police report;
  • The results of any chemical tests conducted after the crash;
  • Cell phone records; and
  • Vehicle maintenance records.

As for proving damages, the following evidence may contribute to the strength of your claim:

  • Medical bills;
  • Photographs of any visible injuries;
  • Paystubs and other financial documents;
  • Records, receipts, and invoices tracking injury-related expenses; and
  • Journal entries detailing the recovery process.

2. How Long Do I Have to File a Lawsuit Against the at-Fault Driver?

In the state of Florida, car accident victims typically have four years from the date on which they were hurt to take their case to court. If your loved one died in a head-on collision, though, you have just two years to file a wrongful death lawsuit. And if you want to name a government entity in your suit, you must submit written notice, allow for a 180-day investigation, and then proceed to trial within three years of the date of injury (or two years in the case of wrongful death).

3. What Kinds of Damages Should I Be Tracking?

If you meet the serious injury threshold and you bring a claim against the at-fault motorist, you have the right to seek compensation for any accident-related damages, which may include:

  • Medical expenses;
  • Lost wages;
  • Loss of future earnings and benefits;
  • Property damage;
  • Alternative transportation;
  • Home care;
  • Domestic help;
  • Child care;
  • Pain and suffering;
  • Emotional distress; and
  • Loss of enjoyment in life.

Additionally, your spouse may be entitled to compensation for loss of consortium, which encompasses the loss of love, companionship, and support. If the at-fault driver was drunk or fled the scene, punitive damages may also be available.

Call 772-266-5555 to Discuss Your Case with a Florida Car Accident Attorney

If you or a loved one was hurt in a head-on collision, contact Donaldson & Weston to determine the most strategic way to proceed. We don’t require any money upfront, and you won’t have to pay attorney’s fees unless we win. Call 772-266-5555 or fill out our Contact Form to schedule a free case evaluation with a car accident lawyer in Florida.