Car Accident Lawyers Fort Lauderdale, FL
The Law Firm of David Fuchs
- Car Accidents
I have 36 years of experience in fighting for compensation for accident victims and shall deploy that experience to fight for you! …
The Ticktin Law Group
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
As the Managing Partner of The Ticktin Law Group, Michael Vater has argued cases in over twenty Florida counties, thirty-five states, and numerous other countries. For each of the past five years, Michael has been recognized by SuperLawyers for his legal excellence as a Rising Star, an award given to only 2.5% of lawyers in the State of Florida. With over ten years of experience litigating personal injury cases, Michael has a passion for helping others and making a difference. When not advocating on his clients’ behalf, Michael likes to travel, attend sporting events, and explore national pa …
Law Offices of John D. Mooney III
- Car Accident
- Slip and Fall
- Truck Accident
- Uber & Lyft Accident
- Bicycle Accident
- Traumatic Brain Injury
John takes pride in enthusiastically representing his clients’ to the fullest extent and treats all personal injury cases with the same zeal. There is no case too large or too small, and unlike larger, out-of-touch law firms, no client will be turned away simply because their case may not result in extensive damages and settlements. …
Englander Peebles
- Slip and Fall
- Car Accident
- Truck Accidents
As a small law firm, we are a truly committed to providing personalized service to our clients. When we take your case at Englander Peebles, you can count on us 24/7. As your legal advisers, we will work to represent your interests when negotiating with insurance companies. …
Phil Sarfin
- Car Accidents
- Truck Accident
- Uber and Lyft Accident
- Motorcycle Accident
Phil Sarfin is an experienced personal injury attorney who will always pick up the phone and speak with his clients directly. …
Fenstersheib Law Group
- Car Accidents
- Slip and Fall
- Truck Accidents
Attorneys Robert David Fenstersheib and his sister, Stephanie Fenstersheib are personally involved and oversee all the cases coming into Fenstersheib Law Group. Their hands-on personal involvement helps clients feel comfortable at all times. Their father, Attorney Robert Fenstersheib, who started the firm in 1985 and passed away in 2020, taught Robert David and Stephanie the value of developing personal and professional relationships. That personal touch keeps clients coming back to the firm and referring to their family and friends when they have legal problems concerning accidents and person …
Nicholas R. Thompson, Esq. serves as both Principal and Managing Partner of RTRLAW, and is a member of the Florida, Massachusetts, Michigan, and Texas bar associations. …
Table of Contents
On any given day, there are dozens of accidents in Fort Lauderdale and the surrounding areas — many involving injuries or even death. If you’ve been injured in a car accident in Fort Lauderdale, you may be entitled to damages for your medical expenses, lost wages, property damage, and pain and suffering.
1-800-Injured is an attorney and medical treatment referral service. Within minutes of contacting us, you will be connected to a Fort Lauderdale car accident attorney. Because the car accident lawyers in our network work on a contingency basis, accident victims never have to pay out of pocket for their professional legal advice. Call today to be connected with an experienced auto accident attorney.
Proving Liability in a Fort Lauderdale Car Accident Case
In order to have a viable insurance claim, the following four elements must be present.
1. Duty of Care
The first element that a motor vehicle accident attorney will examine is whether the at-fault driver had a duty of care to the accident victim. All individuals operating vehicles on the Florida roadways owe a duty of care to each other. This means safely operating their vehicle within Florida laws.
2. Breach of Duty
A Fort Lauderdale car accident lawyer will next determine whether or not the at-fault party breached their duty of care. Did they commit a traffic violation, like speeding or running a red light? Were they just not paying attention? Were they drunk driving? All of these are considered breaches of duty.
3. Causation
Car accident attorneys will want to know if the breach of duty was the actual cause of the auto accident. For example, if the driver was engaged in texting or some other form of distracted driving, did that breach of duty cause them to fail to notice that the car in front of them was braking?
4. Damages
In order to file a claim with the insurance company, the plaintiff must be able to establish damages. Anytime an injury occurs, there is some level of damage. It’s the job of a car accident lawyer to prove the amount of damages they are seeking on behalf of their clients.
Common Causes of Car Accidents in Fort Lauderdale
Fort Lauderdale, FL has several highways passing through it and many busy streets. Drivers must exercise extra care to avoid accidents. Here are some of the common causes of car accidents in Fort Lauderdale.
Distracted Driving
According to the U.S. Centers for Disease Control and Prevention, distracted driving claims 3,000 lives per year and accounts for many accidents involving serious injuries. Distracted driving often involves text messaging or engaging with a phone, which is also illegal under Florida’s traffic codes.
- Texting and Driving: Sending or reading a text diverts attention from the road for an average of five seconds, which, at highway speeds, equates to driving the length of a football field blind.
- Eating and Drinking: Many drivers eat or drink while driving, which can cause them to lose control of the vehicle, especially in high-traffic areas.
- Adjusting Controls: Adjusting the radio, GPS, or other in-car systems can lead to moments of inattention, increasing the risk of accidents.
- Conversing with Passengers: Engaging in deep conversations with passengers can cause mental distraction, reducing the driver’s ability to respond quickly to sudden hazards.
Speeding
Speeding significantly increases the severity of accidents and reduces the time a driver has to react to unexpected situations.
- Exceeding Speed Limits: Many drivers in Fort Lauderdale exceed posted speed limits, particularly on highways, which increases the likelihood of collisions.
- Driving Too Fast for Conditions: Even when within the legal limit, driving too fast for road conditions, such as during heavy rain, can result in loss of control.
- Aggressive Speeding: Some drivers engage in aggressive speeding, weaving through traffic, and tailgating, which increases the risk of multi-vehicle accidents.
Drunk Driving
Driving under the influence of alcohol remains a significant cause of car accidents in Fort Lauderdale, particularly during weekends and holidays.
- Impaired Judgment: Alcohol impairs decision-making skills, leading to risky behaviors such as running red lights or failing to yield.
- Slowed Reaction Times: Drunk drivers have slower reflexes, making it harder to respond to sudden changes in traffic.
- Decreased Coordination: Alcohol affects motor skills, making it difficult for drivers to maintain proper control of their vehicles.
Fatigued or Drowsy Driving
Fatigued driving is as dangerous as drunk driving, yet it is often overlooked as a serious hazard.
- Microsleep Episodes: Extremely tired Drivers may experience microsleep, brief moments of sleep that occur without the driver’s awareness, leading to a loss of vehicle control.
- Slowed Reaction Times: Fatigue reduces reaction times, making it harder to avoid collisions in unexpected situations.
- Poor Decision-Making: Drowsy drivers may need help with decision-making, such as determining when to stop at a yellow light or how to navigate heavy traffic.
Reckless Driving
Reckless driving involves deliberate, dangerous driving behaviors that put everyone on the road at risk.
- Tailgating: Following too closely behind another vehicle leaves little room to react if the car in front suddenly stops.
- Weaving Between Lanes: Reckless drivers often weave in and out of lanes, which can cause sideswipe accidents or force other drivers to swerve.
- Ignoring Traffic Signals: Failing to obey traffic lights and signs is an expected reckless behavior that often leads to severe intersection accidents.
Running Red Lights or Stop Signs
Intersections are hotspots for accidents, particularly when drivers run red lights or stop signs.
- Intersection Collisions: Running a red light or stop sign often results in side-impact collisions, which are particularly dangerous due to the limited protection on the sides of vehicles.
- Pedestrian Accidents: These violations also put pedestrians at high risk, especially in busy crosswalks.
- Chain-Reaction Crashes: Running a red light can lead to multi-vehicle pile-ups if other drivers try to avoid a collision.
Failure to Yield Right of Way
Failure to yield the right of way is a common cause of accidents, especially at intersections, roundabouts, and when merging.
- Intersection Crashes: Failing to yield at intersections can result in T-bone or head-on collisions, which are often severe.
- Merging Accidents: Drivers who do not yield when merging onto highways can cause sideswipe accidents or force other drivers off the road.
- Pedestrian and Cyclist Collisions: Not yielding to pedestrians or cyclists at crosswalks or in bike lanes can lead to severe injuries or fatalities.
Inexperienced Drivers
Inexperienced drivers, including teenagers, are more prone to accidents due to a lack of driving experience and underdeveloped decision-making skills.
- Overconfidence: Many young drivers overestimate their abilities, leading to risky driving behaviors such as speeding or aggressive lane changes.
- Inadequate Hazard Recognition: Inexperienced drivers may need to recognize potential hazards in time to react appropriately.
- Peer Pressure: Teen drivers are more likely to engage in dangerous behaviors when driving with peers, such as speeding or distracted driving.
Aging Drivers
17.5% of the Broward population is 65 or older. Aging drivers face unique challenges that can contribute to accidents, including declining vision, slower reaction times, and medical conditions.
- Vision Impairment: Diminished eyesight can make it difficult for older drivers to see road signs, pedestrians, or other vehicles, especially at night.
- Slower Reaction Times: Aging often brings slower reflexes, making it harder for older drivers to respond quickly in emergencies.
- Medical Conditions: Conditions such as arthritis or cognitive decline can affect an older driver’s ability to operate a vehicle safely.
Construction Zones
Construction zones in Fort Lauderdale present unique hazards, including narrowed lanes, shifting traffic patterns, and the presence of workers and equipment.
- Narrowed Lanes: Reduced lane width can lead to side-swiping or rear-end collisions as drivers navigate tight spaces.
- Confusing Traffic Patterns: Sudden lane changes or unclear signage can confuse drivers, leading to accidents.
- Worker Safety Risks: Construction workers are at risk of being struck by vehicles if drivers do not pay attention or speed through construction zones.
Inclement Weather
Fort Lauderdale’s weather, weighty rain, and occasional tropical storms can create dangerous driving conditions.
- Reduced Visibility: Heavy rain can significantly reduce visibility, making it difficult to see other vehicles, road signs, or pedestrians.
- Slippery Roads: Wet roads decrease tire traction, increasing the risk of hydroplaning and loss of control.
- Flooded Streets: Flooding can occur quickly during heavy rain, leading to stalled vehicles or forcing drivers to take risky detours.
Vehicle Defects
Mechanical failures due to vehicle defects can lead to accidents, often without warning.
- Brake Failures: Faulty brakes can prevent a driver from stopping in time, leading to rear-end collisions or more severe crashes.
- Tire Blowouts: A sudden tire blowout can cause a driver to lose control, especially at high speeds.
- Steering Malfunctions: Issues with the steering system can make it difficult to control the vehicle, increasing the likelihood of accidents.
Road Defects
Poor road conditions, including potholes, uneven pavement, and missing road signs, contribute to many accidents in Fort Lauderdale.
- Potholes and Cracks: Hitting a pothole can damage tires or cause a loss of control, particularly for motorcyclists or bicyclists.
- Inadequate Signage: Missing or obscured road signs can lead to confusion and misjudgments, such as failing to stop or yield when required.
- Poorly Designed Intersections: Intersections with more apparent layouts or inadequate signaling increase the risk of collisions, especially during peak traffic hours.
Common Types of Car Accidents in Fort Lauderdale
The following are some of the most common car accident types in Fort Lauderdale, FL.
Rear-End Collisions
Rear-end collisions are among the most common types of accidents in Fort Lauderdale, generally occurring in heavy traffic or at stoplights.
- Causes: These accidents are typically caused by following too closely, distracted driving, or sudden stops. Speeding and tailgating also contribute to rear-end collisions.
- Injuries: Common injuries include whiplash, back injuries, and sometimes head injuries if the impact is severe.
- Liability: In most cases, the driver who rear-ends another vehicle is considered at fault, but circumstances like abrupt stops without reason may complicate liability.
Head-On Collisions
Head-on collisions are some of the most severe types of accidents, which may result in serious injuries or fatalities.
- Causes: These accidents usually occur due to wrong-way driving, driver impairment, or losing control of the vehicle and crossing into oncoming traffic.
- Injuries: Injuries are often catastrophic, including traumatic brain injuries, spinal cord injuries, and multiple fractures.
- Locations: Head-on collisions are more likely to occur on two-lane roads without a median, particularly at high speeds.
Vehicle Rollovers
Rollover accidents involve a vehicle flipping onto its side or roof and are particularly dangerous due to the high risk of injury or death.
- Causes: These accidents can be caused by sharp turns at high speeds, collisions with other vehicles, or hitting a curb or pothole at an angle.
- Vehicle Types: SUVs and trucks are more prone to rollovers due to their higher center of gravity.
- Injuries: Rollover accidents often result in serious injuries such as head trauma, broken bones, and internal injuries, especially if occupants are not wearing seatbelts.
T-Bone Accidents
T-bone collisions, also known as side-impact crashes, occur when the front of one vehicle crashes into the side of another, forming a “T” shape.
- Causes: These accidents commonly occur at intersections when one driver fails to yield the right of way, runs a red light, or stop sign.
- Injuries: Because the sides of vehicles offer less protection, occupants on the side of the impact often suffer severe injuries, including broken ribs, head injuries, and internal bleeding.
- Liability: Fault is usually assigned to the driver who did not have the right of way, but determining liability can be complex in some cases.
Sideswipes
Sideswipes involve the side of one vehicle scraping or colliding with the side of another, often while both are moving in the same or opposite directions.
- Causes: These accidents often occur during lane changes, when a driver fails to check blind spots or signals properly, or when drivers are forced too close together by narrow lanes or obstacles.
- Injuries: While sideswipe accidents are typically less severe than head-on or T-bone collisions, they can still cause significant damage and injuries, mainly if they result in a secondary collision with another vehicle or object.
- Locations: Sideswipe collisions frequently happen on highways or multi-lane roads where vehicles are traveling close together.
Intersection Crashes
Intersection collisions encompass various types of accidents, including rear-end, T-bone, and head-on collisions, occurring where roads cross.
- Causes: Common causes include running red lights, failing to yield, making improper turns, or misjudging the speed of oncoming vehicles.
- Injuries: The severity of injuries can vary widely, from minor to life-threatening, depending on the type of collision and the speed of the vehicles involved.
- High-Risk Areas: Busy intersections with high traffic volumes or complex traffic patterns are particularly prone to these types of accidents.
Multi-Car Pile Ups
Multi-car pile-ups involve several vehicles crashing into one another, typically on highways or during adverse weather conditions.
- Causes: These accidents often start with a rear-end collision that causes a chain reaction, with other drivers unable to stop in time due to high speeds or poor visibility.
- Injuries: Pileups can result in a wide range of injuries, from minor to severe, depending on the number of vehicles involved and the forces at play.
- Challenges: Determining fault in a multi-car pileup can be complicated, as multiple drivers may share responsibility for the initial collision and subsequent impacts.
Submerged Vehicles
Fort Lauderdale’s extensive network of canals and inlets poses a unique risk of accidents involving submerged vehicles.
- Causes: Drivers may accidentally drive into a canal due to poor visibility, unfamiliar roads, impaired driving, or losing control of their vehicle.
- Dangers: The primary danger in such accidents is drowning, mainly if occupants are unable to escape the vehicle quickly.
- Prevention: Installing barriers along waterways and ensuring proper signage can help reduce the risk of these accidents.
Parking Lot Accidents
Parking lot collisions occur at lower speeds but are still common and can result in significant damage or injury.
- Causes: These accidents are often caused by drivers backing out of spaces without checking for oncoming vehicles, failing to yield to pedestrians, or speeding through parking lots.
- Injuries: Although speeds are typically lower, pedestrians are at particular risk in parking lot accidents, and even low-speed impacts can cause injuries such as fractures or concussions.
- Challenges: Determining fault in parking lot collisions can be difficult, as traffic rules often need to be clarified, and witness statements may be conflicting.
Hit and Run Accidents
Hit-and-run accidents involve a driver leaving the scene after causing an accident, which is illegal and can leave victims without immediate assistance.
- Causes: These accidents may be caused by impaired driving, fear of legal consequences, or drivers with no insurance.
- Injuries: Hit-and-run accidents can range from minor fender-benders to severe crashes resulting in serious injuries or fatalities.
- Legal Consequences: Leaving the scene of an accident is a criminal offense, and those responsible face severe penalties as well as civil claim damages if caught.
Regardless of the nature of your accident, if you have sustained bodily injuries due to someone else’s negligence, contact 1-800-Injured immediately. The attorneys in our referral network represent car crash victims on a contingency basis, which means that they don’t pay out of pocket for professional legal advice.
Common Fort Lauderdale Car Accident Injuries
Car accident personal injury claims run the gamut from minor cuts and bruises to internal injuries to traumatic brain injuries and even wrongful death. These are some of the most common injuries after a car accident that the Fort Lauderdale car accident lawyers in our network routinely see in their practice.
Head Injuries
Head injuries from car accidents can range from mild concussions to severe traumatic brain injuries (TBIs).
- Concussions: These are common in car accidents and can cause symptoms such as headaches, dizziness, and confusion. They may resolve on their own, but severe cases can have long-term effects.
- Traumatic Brain Injuries: A traumatic brain injury can result from a solid blow to the head or a penetrating injury. They can cause cognitive impairments, memory loss, personality changes, and even permanent disability.
- Skull Fractures: A direct impact can cause skull fractures, which can lead to potential brain damage, bleeding, or infections.
Spinal Cord Injuries
Spinal cord injuries are among the most severe and life-altering injuries, often resulting in permanent disability.
- Paraplegia: Damage to the lower part of the spinal cord can result in paralysis of the legs and lower body, known as paraplegia.
- Quadriplegia: Severe spinal cord injuries in the upper spine can lead to quadriplegia, paralysis of all four limbs, and loss of bodily functions below the injury site.
- Partial Paralysis: Some spinal cord injuries result in partial loss of function or sensation, depending on the injury’s location and severity.
Back Injuries
Back injuries are common in car accidents and can vary from minor strains to severe conditions requiring surgery.
- Herniated Discs: The impact of a car crash can rupture the discs between the vertebrae, leading to severe pain, numbness, and sometimes loss of mobility.
- Fractured Vertebrae: A strong impact can fracture the vertebrae, causing extreme pain and potentially leading to nerve damage or paralysis.
- Sprains and Strains: These are less severe but can still cause significant pain and discomfort, often requiring physical therapy for recovery.
Neck Injuries
Neck injuries, particularly whiplash, are prevalent in car accidents, especially in rear-end collisions.
- Whiplash: This occurs when the head is suddenly jerked back and forth, straining the neck muscles and ligaments. Symptoms include pain, stiffness, and sometimes dizziness or blurred vision.
- Neck Fractures: Severe accidents can cause fractures in the cervical vertebrae, leading to pain, immobility, and potential spinal cord injury.
- Soft Tissue Damage: The muscles, tendons, and ligaments in the neck can be damaged, leading to chronic pain and limited range of motion.
Shoulder Injuries
Shoulder injuries from car accidents can severely impact mobility and daily activities.
- Rotator Cuff Tears: The rotator cuff, a group of muscles and tendons stabilizing the shoulder, can tear due to the force of a collision, leading to pain and weakness.
- Dislocations: The shoulder can be dislocated during a crash, causing severe pain and requiring medical intervention to reset the joint.
- Fractures: The bones in the shoulder, such as the clavicle or humerus, can fracture upon impact, often necessitating surgery and long-term rehabilitation.
Broken Bones
Broken bones are joint in all types of higher-speed car accidents, lower-speed pedestrian accidents as well as minor personal vehicle accidents.
- Simple Fractures: These involve a clean break in the bone and usually heal with immobilization, such as a cast or splint.
- Compound Fractures: In these cases, the bone breaks through the skin, increasing the risk of infection and often requiring surgical intervention.
- Comminuted Fractures: These are severe fractures where the bone shatters into multiple pieces, often requiring surgery and extensive rehabilitation.
Multiple Fractures
Multiple fractures occur when several bones are broken in one or more parts of the body, often resulting in significant pain and mobility issues.
- Complex Recovery: Multiple fractures can complicate recovery, often requiring multiple surgeries, prolonged immobilization, and extensive physical therapy.
- Potential for Long-Term Disability: In severe cases, multiple fractures can lead to long-term disability, especially if the bones do not heal properly.
Burn Injuries
Burn injuries can occur in car accidents due to fires, explosions, or contact with hot surfaces or chemicals.
- First-Degree Burns: These affect the outer layer of skin and cause redness, pain, and swelling. They typically heal with minimal treatment.
- Second-Degree Burns: These burns affect deeper layers of skin and cause blistering, severe pain, and potential scarring.
- Third-Degree Burns: The most severe burns, affecting all layers of the skin and possibly underlying tissues. These burns often require skin grafts and can lead to permanent disfigurement or disability.
Internal Organ Damage
Internal injuries are often life-threatening and can be difficult to diagnose immediately after an accident.
- Blunt Force Trauma: This can cause damage to organs such as the liver, spleen, kidneys, and lungs, often leading to internal bleeding and requiring emergency surgery.
- Ruptured Organs: Severe impacts can cause organs to rupture, resulting in life-threatening conditions that require immediate medical intervention.
- Pneumothorax (Collapsed Lung): A typical result of chest trauma where air enters the space between the lung and chest wall, causing the lung to collapse.
Amputations
Amputations, whether immediate or surgical, are devastating injuries that drastically alter the victim’s life.
- Traumatic Amputation: This occurs when a limb is severed during the accident, often due to crushing forces or sharp metal.
- Surgical Amputation: In some cases, a limb may be so severely damaged that it must be surgically removed to prevent infection or other complications.
- Prosthetics and Rehabilitation: Amputees often require prosthetics and extensive rehabilitation to regain some level of functionality and mobility.
Road Rash
Road rash occurs when the skin is scraped off during a collision, typically when a motorcyclist or cyclist is thrown from their vehicle. It is widespread in motorcycle accidents, scooter accidents, and bicycle accidents.
- Severity Levels: Road rash can range from mild abrasions to severe wounds that penetrate multiple layers of skin, sometimes requiring skin grafts.
- Infection Risk: Road rashes resulting from auto accidents carry a high risk of infection, particularly if dirt and debris are embedded in the wound.
- Scarring and Disfigurement: Severe road rash can lead to significant scarring and may require cosmetic surgery for improvement.
Wrongful Death
Wrongful death can be the most tragic outcome of a car accident, where the injuries sustained are so severe that they lead to the victim’s death.
- Immediate Death: In some motor vehicle accidents, death may occur instantly at the scene of the accident due to catastrophic injuries such as severe head trauma, spinal cord injury, or massive internal bleeding.
- Delayed Death: In other instances, the victim may survive the initial impact but later succumb to injuries despite medical intervention. This could happen due to complications like organ failure, infections, or unmanageable trauma.
- Impact on Families: The emotional and financial impact on surviving family members is profound, often leading to long-term psychological trauma and economic hardship, mainly if the deceased was a primary breadwinner.
Types of Collisions a Fort Lauderdale Car Accident Lawyer Can Handle
Every accident type requires a unique understanding of what is needed to present a compelling case. The attorneys in the 1-800-Injured referral network represent car accident victims in the following types of cases:
- Truck Accidents – Large commercial vehicles present a substantial danger to Fort Lauderdale drivers due to their large size and the types of cargo that they transport.
- Motorcycle Accidents – Because motorcycles offer little protection to riders, motorcycle accident injuries can be quite severe.
- Pedestrian Accidents – Pedestrians, skateboarders, bicyclists, etc., are extremely vulnerable to motorists who aren’t paying attention to the Fort Lauderdale roadways.
- Uber Accidents – Passengers who are injured using Lyft, Uber, or other rideshare programs have the right to pursue damages through the driver’s insurance.
- Train Accidents – There are two major rail lines that traverse Fort Lauderdale. If you’ve been injured or lost a loved one when they were struck by a Brightline, TriRail, Amtrak, or cargo train, you can pursue damages.
- Mass Transit Accidents – Not only are buses a threat to other motorists, but when they are involved in an accident, the bus passengers may also sustain injuries.
A Fort Lauderdale car accident lawyer can review your claim in any of the above special circumstance accidents. Call 1-800-Injured today to be connected to an attorney for a free consultation.
Fort Lauderdale and Broward Car Accident Statistics
Florida Highway Safety and Motor Vehicles keeps car accident statistics for each county and releases an annual report. The 2021 report is the most recent release from FHSMV. According to the annual report, in Broward, there were:
- 41,381 total crashes
- 23,071 injuries as a result of these crashes
- 180 crash-related deaths
- 716 bicycle crashes with 668 injuries and 21 fatalities
- 705 motorcycle crashes with 574 injuries and 46 fatalities
- 1,037 pedestrian crashes with 832 injuries and 78 fatalities
Types of Damages in a Florida Car Accident Claim
The state of Florida categorizes damages in a car accident as compensatory and non-compensatory. Economic and non-economic damages comprise compensatory damages. Punitive damages are non-compensatory. Here is a brief explanation of each type of damage.
Economic damages include all damages that have a direct financial cost. For instance, medical expenses, lost wages, property damage, etc. All of these categories involve a measurable financial impact on the plaintiff.
Non-economic damages are also referred to as “pain and suffering.” The impact of a car accident with injuries affects the lives of victims in various intangible ways. Physical pain, emotional trauma, loss of functionality, and inconvenience may not have costs that impact one’s bank account, but they have real consequences for the victim, and any fair settlement will take pain and suffering into account.
In cases where the defendant displayed a wanton disregard for the safety of others or acted with malice, the court may award punitive damages. In Florida, punitive damages are capped at the greater of $500,000 or three times the amount of compensatory damages, whichever is greater.
An auto accident attorney from the 1-800-Injured referral network can review your personal injury claim during a no-obligation case evaluation. They can help you understand how they calculate damages in car accident cases.
Here is an overview of the potential damages you may be able to recover in a Fort Lauderdale car accident personal injury lawsuit with solid representation from an experienced car accident attorney:
Medical Expenses
Medical expenses usually represent the most substantial portion of car accident claims due to the high cost of healthcare in Florida. Recovering these expenses is vital for injured victims who face extensive and ongoing medical treatment. The liable party or their insurance company should cover the following medical costs:
- Surgery Costs: Includes the expenses for any necessary surgeries resulting from the accident, from minor procedures to primary operations.
- Treatment Costs: This covers all medical treatments required for your recovery, such as emergency room visits, diagnostic tests, and follow-up care.
- Doctors and Specialists’ Fees: Compensation for fees charged by physicians, surgeons, and any specialists involved in your treatment.
- Nursing Costs: Reimbursement for the cost of in-home or hospital-based nursing care needed during your recovery.
- Costs of Your Hospital Stay: This includes the daily charges for your hospital stay, covering room fees, meals, and any special medical care required.
- Mental Health Counseling: Covers therapy or counseling services needed to address the emotional and psychological impact of the accident.
- Physical or Occupational Therapy: Compensation for rehabilitation services that help you regain physical function or adapt to injuries that affect daily living.
- Medical Devices: Reimbursement for necessary medical devices such as crutches, wheelchairs, or prosthetics that assist with mobility and independence.
- Healthcare Equipment: This includes items like hospital beds, oxygen tanks, and other specialized equipment required at home for recovery.
- Home Accommodations: Costs associated with modifying your home to accommodate your injuries, such as installing ramps, grab bars, or widening doorways.
- Prescription Drugs: Reimbursement for prescription medications necessary for pain management, infection prevention, or other health issues arising from the accident.
- Over-the-counter medications: Compensation for non-prescription medicines that you purchase to manage symptoms or assist in recovery.
- Co-Pays: Coverage for any co-payments required by your health insurance plan for doctor visits, medications, or treatments.
- Transportation Fees: Includes costs for transportation to and from medical appointments, especially if you require specialized transport due to your injuries.
- Ambulance Bills: Compensation for the cost of emergency transportation by ambulance to the hospital immediately following the accident.
- Ongoing Medical Treatment: This covers the costs of any future medical care you may need due to the long-term effects of your injuries, such as chronic pain management or additional surgeries.
Wage-Related Losses
Wage-related losses cover the financial impact of your inability to work due to your injuries. Compensation for these losses is required to ensure that you and your family can maintain economic stability during your recovery. Some examples of wage-related losses Fort Lauderdale personal injury attorneys may be able to recover for injured victims include:
- Lost Income, Tips, and Wages: Fair compensation for the income you lost during the time you were unable to work, including regular wages, tips, and bonuses.
- Loss of Employer Contributions to Your 401(k): Compensation for the employer contributions to your retirement plan that you missed out on due to your inability to work.
- Loss of Future Potential Earnings: Damages for the reduction in your future earning capacity if your injuries prevent you from returning to your previous job or limit your ability to work.
- Lost Sick Time, Vacation Pay, or Other Paid Time Off: Reimbursement for the paid time off (such as sick days or vacation days) that you had to use while recovering from your injuries, which you could have otherwise used for personal time.
- Loss of Employer Health Insurance: Compensation for losing your employer-sponsored health insurance benefits due to your inability to work.
Pain and Suffering
Pain and suffering refer to the non-economic damages that compensate you for the physical pain and emotional distress caused by the accident and its aftermath. Florida car accident law allows these damages to acknowledge the profound impact that injuries can have on your quality of life. Examples of pain and suffering damages that experienced car accident attorneys at a Fort Lauderdale personal injury law firm may recover for injured victims include:
- Physical Chronic Pain: Compensation for ongoing pain that you experience as a result of your injuries, which may require long-term management or affect your daily life.
- Skin Scarring or Disfigurement: Damages for any permanent scarring or disfigurement that alters your appearance and can affect your self-esteem and mental well-being.
- Loss of Consortium: Compensation for the loss of companionship, affection, and intimacy with a spouse or partner due to your injuries.
- Reduced Quality of Life: Damages that account for the diminished enjoyment of life, such as being unable to participate in hobbies, sports, or social activities you once enjoyed.
- Mental Anguish: Compensation for the psychological impact of the accident, including anxiety, depression, PTSD, or other mental health conditions.
- Embarrassment: Damages for the humiliation or embarrassment caused by visible injuries, disabilities, or other consequences of the accident.
- Indignity: Compensation for the loss of dignity, particularly if your injuries require assistance with basic tasks or personal care.
- Inconvenience: Damages for the disruption to your life, including the time and effort required to attend medical appointments, manage pain, and adapt to your injuries.
- Fear or Apprehension: Compensation for the fear or anxiety you may experience about driving or being in a vehicle again after the accident.
What to Do After a Car Crash
While every accident is different, the following tips may help you protect yourself from additional injuries and to recover compensation for your Fort Lauderdale crash.
Protect Yourself from Further Injury
If you’ve been injured in a car accident, it’s essential that you proceed with caution. You may not be able to move if you have severe injuries, but if possible, you should try to get to a position of safety. Don’t move injured parties unless they are in immediate peril.
Call First Responders
Call 911 to get police and EMTs to the scene. Fort Lauderdale has exceptional response times when it comes to car crashes, but the sooner you can call 911, the better. The dispatcher will need your location, direction of travel, a description of the vehicles involved, the number of injured, and the nature of the injuries.
Speak to Witnesses
If anyone has stopped to render aid, ask them if they witnessed the accident. Ask them to remain for the police or get their contact info. Auto accident attorneys can follow up with witnesses at a later time.
Take Videos or Pictures
From a position of safety, use your phone to take pictures or a video of the auto accident scene. Try to include geographic indicators, traffic control devices, motor vehicle damage, visible injuries, and debris or skidmarks on the roadway.
Allow EMS to Examine You
It’s important to establish a baseline for your care. Even if you feel fine, you may have internal injuries or other issues that you’re not aware of. If the EMTs suggest, you go to the hospital, accept the ambulance ride or drive to the emergency room. In any event, you follow up with your doctor the following day.
Get a Copy of the Accident Report
Under Florida law, the police are required to complete a crash report for any accident involving injuries. However, they may only be able to offer you a case number on the scene. The police report will be completed later.
Contact an Attorney
Before you talk to an adjuster from the insurance company, call 1-800-Injured and speak with an auto accident attorney from our referral network. Insurance company adjusters can be very persuasive when trying to get you to accept an initial settlement. They may offer you a settlement that covers medical expenses, property damage, and maybe a little extra for your inconvenience, but the truth is that you don’t know what it will cost for maximum medical improvement. And if you accept a settlement, you will not be able to go back and request more money if your medical care exceeds the settlement amount.
A personal injury attorney will act as your liaison between you and the insurance company. Ultimately, the decision to settle is yours, but your auto accident attorney can protect your legal rights.
Frequently Asked Questions About Fort Lauderdale Car Accidents
The Fort Lauderdale personal injury lawyers will answer any questions you have in a one-on-one interview. In the meantime, here are some of the questions many accident victims ask.
In Florida, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. This means you only have two years to file a lawsuit against the at-fault party for damages. If you do not file within this time frame, you may lose your right to seek compensation through the courts. It is essential to consult with an attorney as soon as possible not only to meet legal deadlines but also because the burden of proof lies on the injured victim. Hard evidence must be swiftly collected and preserved to prove liability.
Florida follows a modified comparative negligence doctrine, also known as the 51% bar rule. Under this rule, you can recover damages for a car accident as long as you are up to 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% at fault and your damages are $100,000, you would receive $80,000. If you are found 51% or more at fault, you will be barred from recovering any damages.
Florida operates under a no-fault insurance system, which means that after a car accident, your own insurance company pays for your medical expenses and certain other financial losses, regardless of who was at fault. This is covered under your Personal Injury Protection (PIP) insurance. However, you can step outside of the no-fault system and pursue a claim against the at-fault driver if you meet certain thresholds, such as sustaining significant or permanent injuries.
If the at-fault driver is uninsured or underinsured, you may still have options to recover damages. If you have uninsured/underinsured motorist (UM/UIM) coverage as part of your auto insurance policy, you can file a claim with your insurer to cover your losses. An attorney can assist you in navigating this process and ensuring you maximize the compensation available to you.
It is prudent to consult a lawyer before accepting an early settlement offer from an insurance company. Insurance companies often try to settle claims quickly and for less than they are worth. An attorney can evaluate the offer and advise whether it adequately covers your damages. If the offer is insufficient, your lawyer can negotiate for a higher amount or take the case to court if necessary.
Yes, you can seek compensation for emotional distress as part of your car accident claim. Emotional distress, such as anxiety, depression, PTSD, or other psychological impacts, can be significant and long-lasting. Florida law allows for the recovery of non-economic damages like emotional distress, mainly if you have sustained severe or permanent injuries.
Determining liability in multi-car accidents can be complex, as multiple drivers may share responsibility. Florida uses the modified comparative negligence system to assign fault percentages to each driver involved in the accident. Insurance companies and courts will review evidence such as police reports, witness statements, and accident reconstruction to determine each party’s level of responsibility. Each driver’s liability will be assessed based on their actions leading up to the accident, and compensation will be adjusted according to their degree of fault (financial recovery is allowed only if a driver’s fault is 50% or less).
You should see a doctor as soon as possible after a car accident, even if you feel fine or think your injuries are minor. Some injuries, such as whiplash, concussions, or internal injuries, may not show symptoms immediately but can worsen over time. Prompt medical evaluation is necessary not only for your health but also for documenting your injuries, which is essential for any legal claims. Delaying medical treatment can harm your health and adversely impact your ability to recover compensation, as insurance companies may argue that your injuries were not serious or were not caused by the accident.
You should inform your insurance company about the car accident as soon as possible. Most insurance policies require that you report the accident within a specific time frame, often within 24 to 48 hours. Prompt reporting is crucial, as failing to do so could result in the denial of your claim. Even if you do not plan to file a claim, notifying your insurer is essential to comply with your policy terms and protect your right to coverage.
The average car accident settlement in Fort Lauderdale can vary widely depending on the severity of the injuries, the extent of property damage, and the circumstances of the accident. Settlements can range from a few thousand dollars for minor injuries to several hundred thousand dollars or more for severe injuries or wrongful death. Factors such as medical expenses, lost wages, pain and suffering, and the strength of the evidence all play a role in determining the settlement amount. An experienced attorney can help evaluate your case and negotiate a fair settlement based on these factors.
If the negligent driver was working for a company when the accident occurred, the employer might be held liable under the legal doctrine of “vicarious liability” or “respondeat superior.” This means the employer can be responsible for the actions of their employee if the employee was acting within the scope of their job duties at the time of the accident. In such cases, the company’s insurance may be used to cover the damages. However, if the employee was acting outside the scope of their employment (e.g., running a personal errand), the company may not be liable.
Contact an Auto Accident Attorney in Fort Lauderdale
1-800-Injured is an attorney and medical referral service. We connect accident victims with professional personal injury lawyers. All of the attorneys work on a contingency basis, so you don’t have to pay out of pocket for their professional legal advice. Call today to discuss your personal injury claim.