Fort Lauderdale Car Accident Claims We Can Help With
Car accidents can have many different causes, chief among them being driver negligence. The National Highway Traffic Safety Administration (NHTSA) estimates that human error accounts for 94% of car accidents in the U.S.
If you were not to blame for your crash, someone else was. Knowing who was responsible is the first step to pursuing further compensation.
Our lawyers can investigate your accident, using the police report, calling witnesses, and examining the scene of the crash to find evidence of liability. One we’ve determined who was at fault, we can help you file a claim.
Our team is prepared to handle claims involving:
- Driver distractions
- Texting and driving
- Drunk driving accidents
- Auto product defects
- Fatigued drivers
- Reckless driving and speeding
- Poor weather conditions
- Road hazards
- Malfunctioning traffic lights
- Failure to follow traffic laws
Even when someone else was to blame, you may be stymied by insurance adjusters who try to deny or dispute some aspect of your claim. We can fight on your behalf in this situation.
Rosenberg & Rosenberg, P.A. has secured millions of dollars in compensation and has a long track record of success. We know what it takes to build the strongest possible case for our clients.
Understanding Florida's No-Fault Car Accident Laws
In the U.S., states enforce “at-fault” or “no-fault” insurance laws. In at-fault states, the at-fault driver and their insurance company are responsible for paying damages to the affected parties in an accident. No-fault states, on the other hand, require drivers’ insurance companies to compensate them, regardless of who was at fault.
While a no-fault system has definite benefits, insurance companies’ main objective is to protect their bottom line, and they will use any trick in the book to avoid paying you the compensation you deserve after an accident. Therefore, it’s never a good idea to try to handle an insurance claim on your own.
A car accident attorney will be able to negotiate with your insurer and ensure you receive the compensation you need and deserve.
Seeking Additional Damages for "Serious" Injuries
One of the major downsides of a no-fault system is that it can be harder for accident victims to pursue compensation if their medical bills and other losses cost more than their insurance policy maximum. If you have suffered what state laws consider a “serious” injury, you may have grounds to seek additional compensation from the at-fault driver.
In Florida, a serious injury is typically defined as an injury resulting in:
- Significant and Permanent Loss of an Important Bodily Function: This refers to injuries that result in the long-term impairment or loss of a crucial bodily function. It could involve the loss or impairment of mobility, sensation, organ function, or other essential bodily capabilities. For instance, the loss of the ability to walk or significant loss of vision could qualify under this criterion.
- Permanent Injury Within a Reasonable Degree of Medical Probability, Other Than Scarring or Disfigurement: This criterion encompasses injuries that, according to medical assessment and prognosis, are expected to be enduring and irreversible. It's not limited to physical disabilities but also includes neurological or cognitive impairments that persist beyond the healing period. However, it specifically excludes injuries that result solely in scarring or disfigurement, as these are addressed separately.
- Significant and Permanent Scarring or Disfigurement: This category involves visible and lasting changes to one's appearance due to injury. Scarring or disfigurement can have substantial psychological and emotional impacts, and when it's deemed significant and permanent, it can be considered a serious injury under Florida law.
- Death: Fatalities resulting from car accidents automatically fall under the category of serious injury. In such cases, surviving family members may have grounds for a wrongful death lawsuit against the responsible party.
The no-fault system does not allow plaintiffs to seek compensation for pain and suffering, and PIP insurance has other limits on the types of damages it will cover. This can mean, even if your PIP insurance has been exhausted, you may be eligible to recover these expenses from the at-fault driver. Having an attorney who is well-versed in Florida laws can help you recover maximum compensation.
You should also do what you can to preserve evidence after the accident. This includes proof of liability and proof of your damages. After an accident, you should:
- Contact the authorities. The responding officer will file a police report that describes how the accident occurred. Make sure you receive a copy of the police report; this will serve as evidence to bolster your claim.
- Seek medical attention. Make sure to seek medical attention for any and all injuries, even ones that seem minor. Keep records of all treatment received. This can be used as evidence that the accident caused you harm.
- Collect any witnesses’ information. Gather the contact information of any eyewitnesses at the scene. Their testimony may be beneficial in proving that the other driver was responsible for causing the crash.
- Take note of any traffic cameras at the scene. The footage from nearby traffic cameras can be vital in proving the other driver was at fault. A lawyer can help you secure this footage.
- Take photos. Take photos of your injuries and any physical damage sustained at the scene.
Speak with one of our Fort Lauderdale car accident attorneys today, free of charge, by calling us at (888) 499-6206. We have over 50 years of experience helping people like you.