A rear end collision typically happens when drivers have insufficient time to notice and respond to cars that are slowing down or have come to a stop ahead of them. Extending the distance between your car and the one ahead can provide crucial additional seconds to react if the car in front comes to a sudden stop. Often, these types of accidents take place when vehicles are paused at traffic signals or stop signs.
Florida law specifically addresses following too closely in Florida Statute 316.0895. “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.” In other words, Florida law requires drivers to maintain a safe distance between cars, considering speed, the current road conditions, and how heavy the traffic is. This is designed to give drivers enough time to react and stop if necessary to avoid a collision.
For more information on rear-end accidents generally, check out Lipinski Law’s previous blog: “If a Driver Rear Ended Me, Are They Automatically Responsible for My Injuries?”
Securing Just Compensation After a Rear End Collision with Lipinski Law
Navigating the aftermath of a rear end collision can be daunting. You are not just managing the physical aftermath of the incident but also the complex legal process that follows. That’s when the expertise and compassionate guidance of a car accident attorney, like the team at Lipinski Law, makes all the difference on the road to recovery and rightful compensation.
A Calculated Approach to Your Recovery
At Lipinski Law, we meticulously quantify every aspect of your suffering and expenses. From immediate car accident injury treatment to future medical care, property damage, and lost wages, we tally every cost to ensure that your compensation is comprehensive. This thorough documentation forms the foundation of your compensation claim.
Florida law allows for responsible parties to be held accountable for both past and future medical expenses. Florida Standard Jury Instructions in Civil Cases 501.2 cover the elements of Personal Injury and Property Damages.
The expenses of medical damages for the Care and treatment of the claimant involve: “The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (claimant) in the past [or to be so obtained in the future].”
In Auto-Owners Ins. Co. v. Tompkins, the Florida Supreme Court found that “a claimant must establish only that the future economic damages are reasonably certain to occur. While proving a permanent injury can be an important factor in establishing that such damages are reasonably certain to occur, it is not an absolute prerequisite.” Auto-Owners Ins. Co. v. Tompkins, 651 So. 2d 89, 90 (Fla. 1995).
You don’t need to prove that your injury will last forever to ask for money for future medical care. What you do need to show is that it’s more likely than not that you’ll have these future medical expenses based on your life expectancy and what your treating doctors and experts recommend. Using the “reasonably certain to occur” standard, you want to show that all clues—like your current medical reports and doctor’s opinions—indicate your need for future treatment.
For more detailed overview on the process of proving your damages, check out our How to Prove Medical Damages in Your Car Accident Claim post.
Property damage compensation in Florida covers harm to your vehicle or other personal items due to the car accident. The measure of property damage can be calculated by:
- For the decrease in value: Value of Property Immediately Before Incident – Value of Property Immediately After Accident
- For the cost of repair: Reasonable Cost of Repairs + (Value of Property Before Accident – Value after Repair)
Additionally, you may be entitled to recover costs related to towing or storage, as well as compensation for the inconvenience of not being able to use the property while it is being repaired or replaced.
Insurance Negotiations: Your Interests First
As your legal advocate, Lipinski Law diligently works through the complex insurance claims process to ensure that settlement offers are a true reflection of your losses. We understand that insurance companies may try to settle for less than you deserve, but we stand steadfast—with a clear understanding of insurance policies and state laws—to advocate for fair compensation that aligns with the evidence of your case.
While many auto accident cases settle without going to court, we stand ready and willing to take your case to trial if necessary. If your claim escalates to legal proceedings, rest assured that Lipinski Law is by your side. Our team utilizes expert witness testimony to validate your claim.
Our team engages the knowledge and insights of expert witnesses to support your claim. We will guide you through every phase of the process, from gathering and submitting evidence to making persuasive final arguments.
Relying on Florida’s established legal standards for determining liability and calculating damages, we consult with a variety of specialists to strengthen your case. This includes medical professionals who can attest to the extent and impact of your injuries, economists who may project long-term financial losses, auto repair experts who assess the property damage to your vehicle, and accident reconstructionists who can piece together the events leading up to the collision when necessary to provide a clearer picture of fault and responsibility.
Lipinski Law: Compassion Meets Advocacy
Compensation is more than just numbers—it is about justice and your peace of mind. Lipinski Law combines deep empathy with a passion for advocacy, ensuring that each client is fully heard and represented. Our team fights to highlight the true extent of your experience.
With Lipinski Law, you’re engaging dedicated partners who ensure your voice is heard throughout your claim. This partnership extends to every level of our service; we fight for not only the financial compensation you need but also the closure you deserve. Choosing Lipinski Law for your auto accident means entrusting your case to a firm that blends legal mastery with genuine concern for your well-being. With every step, with every piece of evidence, and through every legal argument, we prioritize what matters most—your healing and your compensation. Don’t stand alone against the daunting aftermath of a rear end collision. Contact Lipinski Law at 561-453-4800 or via https://lipinskilaw.com/contact/ for a free, confidential consultation today.
