Road construction and deterioration often affect drivers to the point that an accident may happen, and the damage done to the victims involved may be significant, including immediate medical treatment.
When roads, highways, and interstate pathways need construction, you can often see the roads with warning signs with indications to potential danger so drivers can understand of any problems that might happen. The state or city ensures that the drivers are aware of the road conditions and where the driver needs to slow down and proceed with caution.
When the construction project is not maintained as it should or the nearby locations lack adequate signage, sharp legal assistance can prove the liable party negligent if an accident happens. Road maintenance without proper warnings or signs may lead to accidents, causing injuries and damage to the victims involved.
At this point, an Orlando Car Accident Attorney can help you understand the legal scenario and guide you through the complex legal system to achieve a positive outcome if you resulted injured due to bad road conditions.
Sueing the city for bad road conditions
If you are wondering if you can sue the city for an accident that happened under bad road conditions, then you are right.
Under certain conditions, you may be eligible to take legal action
against the city or municipal government for an accident caused by poor road conditions. The process for suing a city differs from the process for suing individuals or companies.
To win a claim against the city, you must prove the city government has been negligent. To do this, you must:
– Prove that the city had a duty of care to keep its roads safe by conducting adequate maintenance and repairs and performing regular inspections.
– Demonstrate that the city breached its duty of care by failing to address known or foreseeable road hazards. Breach of duty can include conducting inadequate repairs, neglecting potholes, ignoring reports of dangerous conditions or using substandard materials in construction.
– Establish a direct link between the city’s breach of duty and the poor road conditions that contributed to your accident.
An experienced lawyer can help you gather all the required evidence to prove the state was negligent in your accident. Vehicular lawyers, such as Orlando Truck Accident Attorneys and car accident attorneys, are the right choice because they have experience dealing with these particular cases.
The Damages You Can Seek After The Accident
If you were injured in an accident that occurred a due to unsafe road conditions, you may be eligible to pursue compensation for:
– Current and future medical expenses, such as surgeries, medication, hospital stays, rehabilitation costs and therapy
– Lost income for the time you needed to take off work during your recovery
– Pain and suffering from physical pain, emotional distress and diminished quality of life due to your injuries- Loss of consortium for the negative impact your injuries had on your spousal relationship
– Home modification and aiding device costs for the purchase of assistive devices and modifications to living spaces after your injuries
– Wrongful death for funeral expenses and loss of financial support if the accident resulted in the fatal outcome of a loved one
Pursuing Legal Action
Your attorney can guide you through the process of filing a personal injury lawsuit. Here are the key steps involved:
● Case Evaluation: Your attorney will thoroughly assess your case details, including the extent of your injuries, medical expenses, lost wages, and other damages. They will determine the viability of pursuing a lawsuit.
● Preparing the Claim: Your attorney will gather all relevant evidence, including accident reports, medical records, witness statements, and expert opinions, to build a strong case on your behalf.
● Filing the Lawsuit: Your attorney will file a complaint in the appropriate court against the parties deemed responsible for the accident and your medical expenses.
● Discovery Phase: Both parties exchange information and evidence through a process called discovery. This phase allows your attorney to gather additional evidence to support your claim and evaluate the strength of the opposing party’s defense.
● Settlement Negotiations: Your attorney will engage in negotiations with the opposing party’s legal representatives or insurance adjusters to seek a fair settlement that adequately covers your medical expenses.
● Trial Preparation: In case it seems impossible to reach a settlement, the attorney will prepare your case for trial. This involves developing a trial strategy, identifying expert witnesses, and strengthening your arguments.
● Trial and Verdict: Your case will proceed to trial, where both parties present their arguments and evidence before a judge or jury. After considering all the evidence, a verdict will be reached. If successful, you may be awarded compensation for your medical bills and other damages.
● Appeals: In the event of an unfavourable verdict, your attorney can assess the possibility of filing an appeal to seek a reevaluation of your case.
Fighting to Win Maximum Compensation for You and Your Family
If you have been involved in a car accident, it’s important to consult with an experienced Orlando Car Accident Attorney who will help you get the compensation you deserve. Here at Louis Berk Law, we will help you understand the legal scenario and the options and resources available to you to win the case.
Every client has unique cases, and we know how to achieve the best possible outcome for each case. We will fight for the compensation you deserve.