Each car accident case is unique, so it is impossible to determine whether you will win your case accident case. However, we will talk with you and examine the facts of your situation to determine if you might be successful. It is also important to note that winning your case might mean one thing to one person and something different to someone else.

We can, however, provide some guidance that can help you understand what to expect. Several factors can control whether you will win compensation for your claim, and how much you will get.


Before we can decide who might owe you compensation for your losses, we have to discover who caused the accident. We then look at what that person did that resulted in the wreck. If the person was careless and that behavior caused the crash that injured you, then they are liable. We use accident reports, witness testimony, and other evidence to establish liability.

For example, if another driver was texting while driving and that act caused them to plow into the back of your car, they are at fault. It is negligent to text while driving because doing so takes the driver’s eyes and attention off of the road.

Their careless behavior violated their duty to drive with caution and caused your injuries, so they are legally responsible for your injuries.

Damages in Florida Car Accident Cases

The amount of compensation you can recover for your car accident will depend on your damages. Economic and noneconomic damages are losses that you sustain as a result of the wreck. Here are some common damages in car accident claims:

  • Medical bills: Florida law allows you to make a claim for reasonable medical treatment that you needed because of the crash. This category can include things like the ambulance, emergency room or urgent care center, hospital, surgery, x-rays, prescription drugs, and physical therapy. We use your medical bills to prove these losses.
  • Pain and suffering, to reflect the physical pain, mental distress, and inconvenience you experienced.
  • Lost income, which can include wages, salary, self-employment, and other income you missed because of the accident and recuperation time. We use your employer’s records to establish the amount of this loss.
  • Long-term changes to your ability to support yourself through employment and other impacts on your life.

Comparative Fault

In many cases, more than one driver was negligent. If you were partially at fault, do not worry. You can still get some compensation for your losses as long as someone else was also at fault. Florida follows the rule of comparative fault.

Under comparative fault, the law reduces your recovery in proportion to the amount of your negligence. For example, if you were 20 percent at fault and your damages were $100,000, the rule will deduct $20,000 from your compensation to account for your 20 percent of the total fault. Your net damages will be $80,000.

Finding a Lawyer to Help with Your Car Accident Case

Our car accident team at the Montero Law Center can talk with you and let you know if you might be eligible for compensation for your injuries. We perform this service at no cost, and there is no obligation. Just call us today at 954-767-6500 to see how a car accident lawyer can help with your car accident case.