If you were involved in a car accident, you may want to move on from the whole situation as soon as possible. But this may be difficult if the other driver involved files a car accident claim against you. Read on to discover what defense you can take against a claim and how a seasoned Tampa car accident lawyer at Merricks Law Group, P.A. can help you in building a solid argument.
What defense should I take against a car accident claim?
It is okay to admit that you were partially to blame for your car accident. If this is your case, then the state of Florida’s comparative negligence law can work to your benefit. That is, comparative negligence law states that if a plaintiff is partially at fault for a car accident in which they suffered damages, then their recovery of damages will be reduced.
For example, say that the Florida court finds you, the defendant, to be 60 percent responsible and the other driver, the plaintiff, to be 40 percent responsible for the car accident. With this, they will order you to pay for only 60 percent of the other driver’s damages instead of the full amount that they are asking for.
In addition to comparative negligence, you may find it helpful to take any of the following stances:
- You may argue that the other driver had past injuries that they do not incur in your accident.
- You may argue that the other driver is exaggerating the severity of their injuries in an effort to receive a greater award.
- You may argue that the other driver has not mitigated their damages to the degree possible.
What is the statute of limitations for a car accident claim?
When you are served with a car accident claim, one of the first things you should do is confirm the date on which your car accident occurred. This is because the statute of limitations for car accident claims in the state of Florida is two years from the date of the incident.
For example, say that your car accident occurred two years and one day after the other driver filed the claim against you. With this, you can make the argument that they missed the deadline to seek damages and that they should be permanently barred from the opportunity of suing you. Ultimately, the court will likely dismiss your case.
For additional advice on how to defend against a car accident claim, you must retain the services of a competent Tampa auto accident lawyer. We have successfully handled an innumerable amount of cases just like yours, so we will know exactly what legal defense you should take. Schedule your initial consultation with Merricks Law Group, P.A. today.