If your family is suffering because of a negligent or reckless driver, you should not delay in seeking counsel concerning your legal rights.
Car Accident Attorneys Serving Victims in the Stuart Area
Head-collisions occur when two motor vehicles traveling in opposite directions collide, with the front portions of the cars sustaining the greatest impact. These accidents can result from many types of careless and reckless conduct, including speeding, texting while driving, failing to yield, or driving under the influence of drugs or alcohol. Since head-on crashes almost always lead to catastrophic injuries or even death, it is important to consult an attorney who is knowledgeable about the legal rights of victims. At Donaldson & Weston, our car accident lawyers advise people in Stuart as they seek to recover from the physical, financial, and emotional effects of a head-on crash.
Bringing a Negligence Claim for Damages
Car accident lawsuits, including those arising from head-on collisions, tend to proceed under a theory of negligence. This type of case generally arises when a person or entity failed to act in a reasonably prudent manner, thus causing harm to someone else. The plaintiff must show that the defendant owed him or her a legal duty, and there must be proof that the defendant breached the duty that was owed to the plaintiff. Third, the plaintiff must demonstrate a causal link connecting the breach to the accident, and finally quantifiable damages must have resulted. Each step of a negligence lawsuit must be proven by a preponderance of the evidence.
A plaintiff who is able to prove a case of negligence against a defendant after a head-on collision may be entitled to damages to compensate him or her for both economic and non-economic forms of harm. These may include past, present, and future medical expenses, property damage, lost wages, and loss of future earning capacity, as well as pain and suffering.
When a tragically fatal accident occurs, the family of the victim may be able to pursue a wrongful death action, seeking compensation for burial costs, loss of consortium, lost net earnings to the estate, and other damages. In cases in which a defendant’s conduct was particularly egregious, a plaintiff may also seek punitive damages.
A statute of limitations requires that a lawsuit be filed within a certain time period after a car accident, or else the case probably will be dismissed as untimely. Notably, the statute of limitations in wrongful death cases is much shorter than in other personal injury cases.
Determining the exact cause of a head-on collision and who was responsible for it can be a daunting task. Even in what appears to be a clear-cut case, many issues may arise, both procedurally and factually. Moreover, the defendant’s insurance company likely will have a team of professionals working on the investigation almost from the moment of the accident. Hiring a Stuart car accident attorney who knows how to handle personal injury lawsuits can help level the playing field and assist accident victims in asserting their rights.