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Board Certified Trial Attorneys Helping You & Your Family Find Justice

Car Accident FAQ

Q & A with a Clearwater Car Accident Lawyer

At Roman & Gaynor, we believe that all injured car accident victims and their loved ones should have a clear understanding about their rights as victims and how they can use available legal avenues to recover their damages.

While our immediate attention and services are available to those who reach out to our firm, we also make a point to equip visitors to our website with a solid foundation of the facts about car accidents and the claim process.

What exactly is a personal injury claim?

In the most basic of terms, personal injury claims are civil lawsuits when litigation is necessary. In the context of car accidents, personal injury claims are typically filed against negligent drivers and defended by auto insurance companies of the party who is responsible for causing the accident and injury. In the event that a business or corporation is at fault, claims may be filed against the company itself.

Similar to insurance claims for property damage, the objective when pursuing a personal injury claim is to assert that damages were caused, that another party is responsible for causing the damages, and that this party should be legally required to pay for the damages.

What is liability and how does it apply to car accidents?

Liability is a legal term that is essentially synonymous with "legal obligation." When a person is determined to be at fault for causing an accident and injury, they can be held liable, or legally responsible, for financially compensating an injured victim for the damages they suffered.

Establishing liability is often the primary objective during the personal injury claim process. Florida's no-fault insurance system allows each driver to recover compensation from their own insurance company, up to the policy limits, rather than collecting from the "at fault" driver's insurance.

What are my rights?

As a victim injured by the negligence, carelessness, or wrongful act of another, you have the legal right to pursue compensation from the responsible party. You have the right to file a personal injury claim and show evidence that another person is at fault for causing your injuries. By asserting your rights through the available legal avenues, you can recover the compensation to which you are entitled.

What compensation can I recover?

The value of your claim is entirely dependent upon a variety of circumstances related specifically to your accident and injury.

When a court determines that another party is liable for your injuries, they will award you compensation for your physical, emotional, and / or financial damages. As injuries and victims are always unique, so is their compensation.

In the most general terms, you can recover damages for:

  • Physical injuries, which can also include your pain and suffering, disabilities, limitations, etc.
  • Emotional damages are intangible and difficult to equate in monetary sums, courts will also award compensation for non-economic damages such as your psychological injuries, mental anguish, loss in the quality or enjoyment of your life, and the harm caused to your loved ones.
  • Financial damages are more easily determined, and can include past and future medical expenses, lost work wages and future earnings, and other financial harm directly resulting from your injuries. In cases that involve egregious acts of negligence and / or misconduct, such as in drunk driving accidents.
  • Punitive damages as a way of further penalizing wrongdoers. Our firm works to show clear evidence of all the damages you sustained and aim to maximize your compensation in any way possible.

Do I need an attorney?

While you are not legally required to have an attorney when filing a personal injury claim, the benefits of working with an experience lawyer far outweigh the consequences of undertaking this complex process alone. Simply put, personal injury claims can be legally complex and rife with technical information.

When claims are contested by powerful insurance companies that do everything in their power to pay victims as little as possible, the threat of receiving less compensation than you require and deserve should prompt you to work with proven legal representation.

Have More Questions? Request a Free Consult!

If you have any additional questions about car accidents and the personal injury claim process, or if you wish to discuss your own case with a member of our legal team, we invite you to schedule a free, no-obligation case evaluation. Find the answers you need and the support you deserve.

Our car accident lawyers proudly serve clients across the region from offices in Clearwater and New Port Richey.

We Have Recovered Over $85 Million for Our Clients

  • $4,356,000 Verdict for Traumatic Brain Injury Victim
    Client was rear-ended with great force by an employee of Mercedes Benz of Melbourne on a rural highway in South Florida. The collision was so powerful that three cars were totally destroyed and the client was rendered unconscious. The Client sustained multiple fractures to her arm and ribs, damage to her shoulder and she sustained brain damage. The jury deliberated almost four hours at the conclusion of a six day trial in Brevard County, Florida.
  • $2,700,000 Verdict for Truck Accident Victim
    After a six day trial, a Pasco County Jury awarded our clients $2,161,000.00 for wife and $631,900.00 for husband. The wife sustained a head injury and had a spine surgery. The husband injured his hands, shoulder and knee.
  • $1,450,000 Settlement for Injured Pedestrian
    Roman & Gaynor sued our client's car insurance company when they refused to take her fractured pelvis seriously. After being pinned between 2 cars in a parking lot, she could not walk normally or return to work. This jury verdict is more than 10 times the amount of the policy she sought, and her insurance company refused to pay, after her injury. State Farm later settled her bad faith claim and Roman & Gaynor collected the excess judgment.
  • $1,175,000.00 Verdict for Traumatic Brain Injury Victim
    $1,175,000.00: A New Port Richey man was injured in a motor vehicle collision when his work van was hit and flipped over, causing him to be ejected from his vehicle, crushing his skull. Roman & Gaynor's investigation revealed that the work van was not equipped with operable seatbelts. A lawsuit against his employer, who was responsible for the maintenance of the work van, resulted in a $1,175,000.00 settlement.
  • $850,000.00 Settlement for Husband & Wife
    A Pasco County couple were seriously injured in a rear end collision in Pasco County. After spinal surgeries, Roman & Gaynor successfully negotiated a global settlement in the amount of $850,000 which assisted this couple in rebuilding their lives.
  • $836,000.00 Settlement in Rear End Collision
    Our clients, a 56 and 58 year old couple from Pasco County, were stopped for a red light in Tampa when they were rear ended by a distracted driver. Both husband and wife suffered herniated discs as a result of this accident which resulted in 4 spinal surgeries. The at fault party’s insurance carrier asserted a low impact defense, and asserted that our client suffered from these injuries prior to the accident. After protracted litigation, and just 2 months prior to trial, Roman & Gaynor secured a $836,000 settlement in favor of this couple.
  • $820,000.00 Settlement in Rear End Collision
    After a year of litigating a case the Defendant never took seriously, Roman & Gaynor negotiated this settlement just to days before trial for a young lady with a spine injury. In this case, a relatively low impact collision led to more than one spinal surgery, including fusion.
  • $600,000.00 Jury Verdict for Accident Victim
    A St. Petersburg woman received a verdict of more than $600,000 for multiple injuries sustained in a car accident including a broken pelvis. We received the verdict at the end of a three-day trial. The Defendant was the driver of a truck who ran a red light.
  • $520,000.00 Settlement in Auto Accident
    A husband and wife were traveling 55 mph in the middle lane when they were suddenly side-swiped. Their vehicle sustained tremendous property damage to the driver’s side and the mirror had even ripped off the door. The at-fault driver fled the scene, but was later charged and arrested for a DUI. The insurance adjuster initially offered to settle the claim for a very minimal amount. The wife underwent neck surgery and the husband had back surgery. After operative reports were submitted to the adjuster, the policy limits of the at-fault party were tendered along with two underinsured motorist policies in this case for a total resolution of $520,000.
  • $425,000.00 Settlement After Semi Tractor Trailor Runs Client Off Road
    Roman and Gaynor's client was driving on US-19 in Louisiana behind a Semi-truck with a trailer attached. After clipping the side of the clients car, the trailer came completely unhinged, causing a devastating collision, resulting in closed head injury. After protracted litigation, settlement was reached in the amount of $425,000.

Reviews From Our Clients

  • “The expertise of this firm is wonderful.”

    Grace M.

  • “I cannot stress enough how professional, comfortable and relaxed I was at trial. ”

    James F.

  • “I have complete trust and faith in your law firm and if ever needed use your firm again.”

    Marie S.

  • “Prompt, aggressive, compassionate representation is exactly what I received.”

    The C Family

  • “Agradezco toda su ayuda y con mucho gusto los seguire recomendando.”

    Maria S.

  • “They really do take their job serious and they really care about their clients!”

    Karen W.

  • “I couldn't be more happy or satisfied.”

    Jessica T.

  • “I really felt taken care of by your team. Everyone was very professional.”

    Mary R.

  • “Mark, you and Grace were always very helpful and prompt in returning my calls.”

    Edward R.

  • “Thank you everyone at Roman & Gaynor. You really took care of me.”

    Luis G.

  • “You and your wonderful staff have restored my faith in the legal profession.”

    Mark M.

  • “Your firm cares about taking care of their people. I would refer them and use them again if needed.”

    Sultana M.

  • “Thanks for being there for me every step of the way!”

    Katie B.

  • “I had experience with other law firms, but yours is different. We really feel that you humanly care.”

    Kheir B.

  • “This was a difficult situation Mark and Cate made it easier.”

    Mary C.

A Firm That Stands Out

  • Over 60 Years of Combined Experience
  • Two Attorneys Board Certified in Civil Trial Law
  • Over $85 Million Recovered for Our Clients
  • 24 Hour Availability
  • Free, No-Obligation Case Evaluations
  • No Fees Unless We Win Your Case

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