Fort Lauderdale Car Accident Claims We Handle
Rosenberg & Rosenberg, P.A. has decades of experience fighting for victims injured in all types of traffic and motor vehicle accidents. From single-vehicle crashes to complex claims involving multiple parties, disputed liability, and fatal or catastrophic injuries, we have the breadth of insight to tackle even the toughest cases.
We offer full-service support for all types of car accident claims, including those involving:
- Distracted drivers
- Drunk driving accidents
- Auto product defects
- Uninsured or underinsured motorists
- Hit-and-run accidents
- Rideshare accidents (Lyft, Uber, and others)
- Truck / commercial vehicle accidents
- Dram shop liability
- Wrongful death
Common Causes of Car Accidents
Car accidents have many different causes, chief among them being driver negligence. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that human error accounts for 94% of car accidents in the U.S.
Some common ways that negligence can cause car accidents include:
- Fatigued driving
- Drunk or drugged driving
- Driver distraction, including texting while driving
- Running red lights or stop signs
- Speeding and reckless driving
- Unsafe lane changes
- Unsecured cargo
- Property hazards
If you were not to blame for your crash, it’s very possible that someone else was. At Rosenberg & Rosenberg, P.A., our Fort Lauderdale car accident attorneys conduct detailed investigations into all circumstances surrounding crashes. By doing so, we’re able to identify an underlying cause and the party (or parties) who can potentially be held responsible.
Common Car Accident Injuries
Car accidents can result in a range of injuries – from minor scrapes and bruises to catastrophic injuries that result in big medical bills, long and painful recoveries, and long-term or lifelong limitations. Having litigated car accident lawsuits on behalf of Broward County residents for decades, our firm has represented victims who’ve suffered all types of car accident injuries. Some of these include:
- Traumatic brain injuries
- Spinal cord injuries
- Fractures and broken bones
- Soft tissue injuries
- Burn injuries
- Organ damage / internal injuries
- Neck and back injuries
- Disfigurement
Fort Lauderdale Car Accident FAQ
- What Are My Rights After Being Injured In a Car Accident?
- How Does Florida’s No-Fault Insurance System Affect My Case?
- What Is the Process For Filing A Car Accident Claim In Florida?
- Do I Need a Lawyer to File a Car Accident Claim?
- What Compensation Can I Recover In a Car Accident Claim?
- How Long Do I Have To File A Car Accident Claim In Florida?
What Are My Rights After Being Injured In a Fort Lauderdale Car Accident?
In Florida, victims injured in car accidents have the right to pursue civil claims against individuals and/or entities whose negligence caused or contributed to their crashes. This means that if someone else failed to act with reasonable care and caused your crash, you can hold them liable for the resulting damages.
As a victim of negligence, asserting your right to take legal action can help you hold the at-fault party accountable. In car accident cases, common defendants include:
- Negligent drivers
- Companies that own and operate trucks, delivery vans, or other commercial vehicles
- Public entities (such as local government) that operate city buses, work vehicles, and other agency vehicles involved in crashes
- School districts responsible for school bus accidents
- Premises owners who created property hazards
- Manufacturers of defective auto parts
How Does Florida’s No-Fault Insurance System Affect My Case?
Florida requires motorists to have Personal Injury Protection (PIP) coverage. As a form of no-fault insurance, PIP is meant to cover certain losses arising from a car crash, regardless of who is at fault (and even when the injured driver is to blame).
While PIP can provide meaningful and relatively prompt compensation, it has its limitations. Most notably, it covers only certain types of losses arising from a crash (such as a percentage of medical expenses and a portion of lost wages) and provides coverage only up to a certain limit. As such, there are times when PIP coverage simply isn’t enough.
Fortunately, Florida law allows victims, in some cases, to step outside of the no-fault system and pursue claims directly against negligent parties. You may have grounds to pursue a civil claim outside of your PIP claim if:
- You suffered serious injuries that exceed a certain threshold defined by Florida law, such as significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
- You incurred damages beyond the limits of PIP coverage.
- Someone else is to blame for negligently causing a crash.
At Rosenberg & Rosenberg, P.A., we have extensive experience helping clients navigate the process of recovering compensation through both PIP and civil personal injury / wrongful death actions. We can review your case and options during a free consultation.
What Is the Process For Filing A Car Accident Claim In Fort Lauderdale?
While every case is unique, there are some general steps in the car accident claim process. Knowing these steps and what you can do to protect your rights and interests along the way can be crucial to securing a solid outcome.
Generally, the Florida car accident claim process works as follows:
- After an Accident. There are several steps to take in the immediate aftermath of an accident. This includes reporting the accident to authorities (which can establish a legal record of the incident), seeking medical attention (which ensures you’ll receive needed treatment and documents your injuries), and notifying your insurance company. Under Florida's no-fault system, Personal Injury Protection (PIP) coverage can address initial medical expenses and lost wages up to a certain limit.
- Consulting a Lawyer. If your injuries are severe, exceed PIP coverage, and meet the state’s threshold, you may pursue additional compensation through a personal injury lawsuit. The best way to evaluate your ability to file a civil claim is to speak personally with an attorney who practices personal injury law. At Rosenberg & Rosenberg, P.A. we offer free consultations to help car accident victims assess the merits of their claims and how to best pursue justice through the civil legal system.
- Building Your Claim. With the help of an experienced lawyer, you can begin constructing your claim. This will require you to provide all records of your accident (including police reports, medical records, photos, and contact information of involved parties) to your attorney. Additionally, your attorney may conduct their own investigations to identify an underlying cause, potentially liable parties, and available sources of compensation, interview eyewitnesses, and collaborate with expert witnesses, if necessary.
- Filing Your Claim. Your attorney can assist in filing your claim and handling all communications with defendants and their insurers. In many cases, victims and their counsel may need to participate in the process of discovery, in which both sides exchange information, answer interrogatories, and hold depositions.
- Negotiations or Trial. In Florida, most car accident lawsuits can be successfully resolved through out-of-court settlements. At our firm, we come prepared to the settlement table with ample evidence to support our clients’ claims about who was at fault and how substantial their damages were. Sometimes, however, insurance companies dispute material facts or refuse to make fair settlement offers. In these cases, it may be necessary to litigate at trial and let a jury decide.
At Rosenberg & Rosenberg, P.A., we make it a point to explain how the car accident claim process works and what our clients can expect. We also provider personalized support and guidance the entire way, making ourselves available when clients have questions or concerns and providing the insight and information they need to make informed decisions about their cases.
Do I Need a Lawyer to File a Car Accident Claim?
Car accident claims can be highly consequential matters that impact you and your family for years to come, especially when injuries and losses are substantial. They’re also very complex, filled with technical legal information and procedures, and prone to disputes raised by insurance companies that care more about profits than people.
As such, having an attorney on your side, though not required by Florida law, can be one of the most effective ways to handle challenges and position yourself for success. Some of the ways we help car accident victims include:
- Investigations and Evidence Gathering. Our attorneys have the resources to conduct thorough investigations, gathering evidence such as accident reports, witness statements, medical records, and expert opinions if needed. This strengthens your case and supports your claim for compensation.
- Dealing with Insurers. Insurance companies devote tremendous resources to fighting claims because they view having to pay victims as a blow to their bottom lines. At Rosenberg & Rosenberg, P.A., our practice is devoted to helping clients level the playing field with insurers and powerful corporate defendants, and to handling all communications and negotiations with these parties.
- Advocacy and Guidance. Car accident claims are foreign processes for most folks, which is why having an attorney can help you navigate the procedures for filing and handling claims, motions, and other matters in a correct and timely manner. In addition to helping victims avoid costly mistakes, attorneys also have the insight to set and manage expectations, prepare for next steps, and handle any speedbumps that arise.
- Maximizing Compensation. Insurers like to take advantage of victims without representation but find that nearly impossible to do when plaintiffs have proven legal counsel. By leveraging our resources and experience, we help clients construct the strongest possible claims, battle back against insurance companies, and position themselves for the maximum compensation possible.
What Compensation Can I Recover In a Car Accident Claim?
Car accident victims are entitled to a financial recovery of their damages. This may include:
- Medical expenses: Covers bills incurred from emergency care, hospitalization, surgery, medication, and rehabilitation, as well as future costs associated with treating long-term or lifelong injuries.
- Lost income: Compensates for income lost due to the inability to work, as well as lost future earnings / lost earning capacity when injuries prevent future work.
- Pain and suffering: Compensation for non-economic damages such as pain and suffering, mental anguish, and loss of quality or enjoyment of life.
- Damages for loved ones: In cases involving spouses or other dependents, compensation may be awarded for damages such as loss of consortium / companionship and loss of emotional support.
- Punitive damages: In rare cases that go to trial, courts may award punitive damages, which are intended to punish the at-fault party for egregious conduct.
The value of a car accident lawsuit depends entirely on the facts of a case and factors such as the severity of your injuries, the losses you’ve incurred, your age and income, and the availability of insurance coverage. If you have questions about how much your Fort Lauderdale car accident lawsuit is worth, our attorneys can discuss how compensation works during a consultation.
How Long Do I Have To File A Car Accident Claim In Florida?
In Florida, the statute of limitations for filing a car accident lawsuit is generally four years from the date of the accident. This means that if you've been injured in a car accident, you have four years to initiate legal proceedings against the party you believe to be at fault.
However, this timeline doesn't apply to all cases. For example, if a car accident involves a wrongful death claim, the statute of limitations is reduced to two years from the date of the deceased's death. There are also exceptions and different procedures for cases involving injured minors (where the statute of limitations is tolled until the child turns 18) or government defendants (which have special notice requirements).
Given these complexities and the potential for exceptions based on the specifics of your case, it's imperative to have your claim reviewed by an attorney as soon as possible. Consulting promptly with a lawyer can ensure that you fully understand the applicable statute of limitations and, most importantly, preserve your right to bring a claim and collect compensation.
Examples of Our Results
Rosenberg & Rosenberg, P.A. has built a reputation for success. Over the course of our 50+ years in practice, we’ve helped clients across Broward County and South Florida recover millions of dollars in compensation after being harmed by the negligence of others. This includes numerous million and multi-million-dollar recoveries in high-stakes car accident cases.
Some examples of our results:
- $4.65 million for a student who suffered a permanent brain injury after being struck by a vehicle while visiting Florida during Spring Break. Our team was able to source coverage from multiple insurance policies, ensuring that our client secured the compensation he needed.
- $4.1 million for a client who suffered three disc herniations after being struck from behind by another vehicle in a parking lot. After securing testimony about the nature of our clients’ injuries from expert witnesses and a 10-day trial, the jury awarded this multi-million-dollar verdict, which far exceeded the insurance company’s initial $300,000 settlement offer.
- $3.4 million for a client who was struck by a vehicle after he was served alcohol, despite being underage, by a local nightclub. In addition to securing compensation from the at-fault driver, our firm was also able to secure a policy limits recovery from the nightclub under Florida’s dram shop liability law.
Call For a FREE Consultation: (888) 499-6206
Our Fort Lauderdale car accident attorneys at Rosenberg & Rosenberg, P.A. proudly serve clients across Broward County and the surrounding areas of South Florida. In addition to providing FREE and confidential consultations, we also handle car accident cases on contingency. This means that we don’t charge clients a dime to retain our services and that we don’t collect a fee unless a successful recovery is made in the case.
To speak with a Fort Lauderdale auto accident lawyer about your potential claim, call (888) 499-6206 or contact us online.
