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Car Accidents FAQ

Q & A with a Fort Lauderdale Car Accident Attorney

If you or a loved one has been injured in a car accident or any other type of motor vehicle accident, you need to know your rights as an injured victim. In order to equip local victims and their families with the information they need to begin the personal injury claim process, our legal team has compile the following frequently asked question we receive from clients involved in car accidents.

At Rosenberg & Rosenberg, P.A., our Fort Lauderdale personal injury lawyers focus on educating the injured victims we serve and ensuring that they are kept well informed throughout the entirety of their case.

If you have any additional questions, or if you wish to discuss your case, do not hesitate to contact our firm.

WHAT SHOULD I DO IF I AM INVOLVED IN AN AUTO ACCIDENT?

As soon as possible after the accident, take notes about who, what, when, and where your accident occurred. If there were any witnesses, you will want to obtain names and phone numbers. Retain a copy of the police report and record all information about the other driver (license plate number, insurance information, contact information, etc.). You should also keep track of all medical providers that you visited for treatment of the injuries you sustained.

HOW SOON MUST I FILE MY CLAIM?

In Florida, you usually have four years to file your personal injury action. Even within Florida, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and the time that the injury is discovered. You must be certain that you know the time limitation that applies to your situation, also known as the statute of limitations, or you risk jeopardizing your right to compensation.

WHO IS RESPONSIBLE FOR MY DAMAGES?

The liable party in a car accident will be determined when the underlying cause has been established. For example, another driver can be held liable when it can be proven that they were at fault for causing your accident and injury. Other responsible parties may include businesses that over served alcohol to a driver, automobile manufacturers that produced defective auto parts, construction companies or government organizations responsible for roadway defects, and others.

HOW WILL I BE COMPENSATED?

Although awards will vary from case to case, injured victims can generally recover compensation for any physical, emotional and / or financial damages they suffered as the result of an accident and their injury. This includes pain and suffering, loss of quality or enjoyment of life, medical expenses, and lost work wages, among others. In cases that involve gross acts of negligence, courts may also award victims punitive damages as a way of further punishing wrongdoers.

CAN I BE FOUND LIABLE IF MY CAR IS REAR-ENDED IN A CRASH?

In Florida, each driver has a responsibility to maintain safe control of their vehicle at all times when they are driving. If you are involved in a rear-end collision in Florida, the rear-end accident is usually that driver's fault, although circumstances may vary. Common sense dictates that vehicle damage proves how the rear-end accident happened. This can become somewhat confusing when there are multiple rear-end collisions such as three, four, or five car pileups.

WILL I HAVE TO GO TO COURT BECAUSE OF THIS CAR ACCIDENT?

Not necessarily. This is the biggest misconception in Florida personal injury cases. Many people think that you need to sue someone to get a settlement in a car accident, motorcycle accident, truck accident, or trailer accident case. In many cases, we are able to get a settlement without filing an actual lawsuit. A pre-trial settlement avoids the costs and delays of a trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to go to trial.

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