Car Accidents

Car Accident Lawyer Serving Sebring

The injuries suffered in an auto accident can be traumatic—physically, mentally, and emotionally. When this happens because someone else acted irresponsibly, it’s only right that their insurance help make you whole. Our Sebring car accident lawyers have extensive experience helping injured drivers get the fair settlements they need and deserve.

Call Sessums Law Group, P.A. at (813) 212-8330 or contact us online to schedule a consultation.

How to Win a Car Accident Case

The circumstances of your accident may appear as though it’s clearly the other driver’s fault. That might well be the case, but the legal process of securing a fair settlement is painstaking. The plaintiff (the injured driver) and their Sebring car accident attorney must prove that the defendant was negligent. That involves four very specific levels of proof:

Duty of Care

Duty of care refers to the legal obligation that both people and organizations have to avoid causing harm to others. In a car accident case, the duty of care is usually clear—all drivers have a legal responsibility to operate their vehicles safely and follow traffic laws.

Breach of Duty

Breach of duty occurs when the defendant fails to fulfill their duty of care towards the plaintiff. It is most often demonstrated by showing that the defendant failed to act in a reasonable manner in carrying out their duty of care.

It is worth noting that Florida law does not expect people to prevent every bad thing from happening. In the case of a car accident, the crash alone does not prove a breach of duty. What’s necessary is to demonstrate that the defendant driver acted in a way that a reasonable person would not have.

For example, let’s say it’s one of our rainy and windy days. You’re driving down US 98 and acting responsibly, adjusting your speed to the conditions. The driver behind you isn’t doing the same. When you reach a stop light, they skid and rear-end your vehicle.

Did the other driver breach their duty of care? There’s a strong case to be made that they were driving too fast for the conditions and that a reasonable person would have gone slower. Evidence in this example might include the fact that you, as the plaintiff, had made appropriate adjustments. Further evidence might be gathered from the police report and accompanying photographs, where skid marks could be analyzed to determine the other driver’s speed.

People—including jury members—often have different understandings of what’s reasonable. What can help your case is having an experienced Sebring car accident attorney who knows how to present a case in court and deliver a compelling argument. We believe the team at Sessums Law Group, P.A. is up to that task.

Causation

Even if it can be established that the defendant driver breached their duty of care, the work is only halfway done. It must be further shown that the accident resulting from this breach is, in fact, the cause of the plaintiff’s injuries.

Let’s go back to our example from above, the accident at an intersection on US 98. We’ll assume that breach of duty has been proven and that your injuries were to the neck and back.

What happens if you have pre-existing neck or back problems? The defendant’s insurance company is likely to argue that even though their client breached their duty, it was these pre-existing conditions—not the breach—that are the real cause of your injuries. The defendant will be trying to sever any connection between the accident and your injuries. It’s our role, as your Sebring car accident lawyer, to fight back and demonstrate the connection.

Proving causation can be complex, requiring evidence such as medical records, expert testimony, and eyewitness accounts to establish a clear connection between the defendant's actions and the harm suffered by the plaintiff. With a dedicated legal staff backing up our talented lawyers, we can give your case the attention to detail it needs.

Damages

Once the first three steps are proven, the final piece of the puzzle is demonstrating the damages suffered by the plaintiff. This refers to the specific losses that have been suffered. Damages can be both economic and non-economic:

Economic damages include measurable losses such as medical expenses, lost wages, property damage, and future medical costs.
Non-economic damages are subjective. These may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.

We work with our clients to document all this. Whether it’s bringing in financial documentation or personal testimony, we can help you show the court all that you’ve suffered and lost.

Reach out to Sessums Law Group, P.A. today by calling (813) 212-8330.

Punitive Damages in Florida

In addition to economic and non-economic damages, there are cases where punitive damages may apply. This presumes that the defendant acted with either intentional misconduct or gross negligence. Its purpose is, as the name suggests, punitive—it is intended to be a punishment to the defendant and send a message to the rest of society about behavior that is considered unacceptable.

Unlike compensatory damages, which aim to compensate the victim for their losses, punitive damages are meant to deter the defendant and others from engaging in similar behavior in the future. In car accident cases, intoxication while driving would be a prime example of when this might apply.

Florida law sets a cap on punitive damages at either three times the amount of compensatory damages or $500,000, whichever is greater. It is important to emphasize that this will only apply in extreme cases.

Florida’s Modified Comparative Negligence System

Florida follows a modified comparative negligence system when determining liability in personal injury cases. Under this system, the court assigns a percentage of fault to each party involved in the accident based on their level of negligence.

If the plaintiff is found to be partially at fault for the accident, their total recoverable damages can be reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but is found to be 20% at fault, their final award would be reduced to $80,000. If the plaintiff's fault exceeds 50%, they cannot collect anything.

Attention to Detail; Passionate Advocacy

Bringing a car accident case to a successful conclusion requires studious attention to the smallest details--the crash itself, the plaintiff’s medical history, and the applicable law. With this knowledge as our foundation, it is further necessary to bring a real passion for justice to the settlement negotiations, and—if necessary—to trial. We know how much our clients depend on us, and we work hard because we know how much they need a financial settlement.

Call (813) 212-8330 today to set up a consultation.

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Our Settlements & Verdicts

Sessums Law Group, P.A. Attorneys Take Pride in Delivering Exceptional Results for Our Valued Clients

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

$6,000,000.00 Recovery Fraud Civil Action
Sessums Law Group, P.A. successfully recovered $6,000,000.00 for a client in a fraud civil action. Prior to the client’s divorce, the client negotiated and executed an agreement with his wife’s boyfriend that sought that the boyfriend would have no contact with the client’s wife.
$2,740,000.00 Wrongful Death Hit/Run of Motorcyclist
Representation of the plaintiff hit from behind on his motorcycle by a driver who was allegedly drunk at the time of the accident. Sued the defendant; the bar that the defendant had been drinking and the defendant’s employer.
$1,929,000.00 Verdict Real Estate Deficiency
Representation of estate in real estate deficiency claim resulting in joint and several liability verdict against various doctors and chiropractors.
$1,000,000.00 Settlement Collision
Representation of estate in an automobile and tractor trailer collision that resulted in multiple deaths.
Confidential Settlement Amount Medical Malpractice
Client was burned with a hot pack after delivering her son via Cesarean section.
Confidential Settlement Amount Nursing Home Negligence
Representation of the Personal Representative of the Estate of the patient who died due to negligent care while in the care of the nursing home.
Confidential Settlement Amount Trolley Accident
Representation of passengers who were enjoying a sight- seeing tour aboard a trolley when the trolley was hit by a bus. The passengers suffered soft tissue injuries.
Confidential Settlement Amount Hit & Run
Sessums Law Group was recently successful in settling a case for a hard working Polk County man whose hit and run accident resulted in a need for a knee replacement. The defendant argued that our client had caused the accident. We were able to prove through expert accident reconstruction testimony that the accident happened as our client testified despite the minimal damage involved.
Confidential Settlement Stolen Property
Client’s vehicle was burglarized and her engagement and wedding rings stolen. The perpetrator pawned the stolen items to a local pawn shop. The pawn shop ignored the hold order from the police department and sold the engagement and wedding rings. After suit filed for the Plaintiff, a confidential settlement was reached with the pawn shop for the value to our client of her stolen rings.

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"Our firm believes in the integrity of the needs of the each client we represent. We are passionate about obtaining the maximum results allowable under the law for each client."

- Mark A. Sessums