People get into car accidents all the time. You probably saw one on your way home from work today. We see stories of tragic car accidents on the news every day. When you see an accident, you just say a little prayer for the people involved and thank your lucky stars that it didn’t happen to you.
Most people will be involved in a car accident at some point in their lives. You might have been hit by a distracted driver. Or, your car could be smashed in by a drunk driver. You may have suffered pretty serious injuries. This is why you need a Fort Lauderdale car accident lawyer.
If you’re involved in a car accident, you need to do a few things. First, make sure you call the police. Your Ft. Lauderdale car accident attorney will need the police report. The police report contains information that your lawyer will rely on in court.
Some of this information includes:
- Contact information for eye witnesses
- Pictures of the accident scene and the vehicles
- Information on whether any of the drivers were drunk at the time of the accident
- Description of road conditions
- Any citations or tickets that were issues
- Statements from both of the drivers
Some of this information your Fort Lauderdale personal injury attorney can get on his own. But there are some things he can’t get his hands on later on. But, even if he can get it, it will be expensive and will take some time.
Another reason you want to call the police is so the other driver can’t take advantage of you. He could give you a false name. He may not have insurance. You have no idea. And, he has no reason to be honest with you. The police can confirm this information for you.
When the police come, they can arrange for you to be taken to the hospital. Even if you don’t think you’re hurt, it’s important that you do this. You could have internal injuries. You may have a brain injury. You really need to get checked out. Your lawyer will have to use this medical documentation to prove your injuries down the road.
Finally, contact a Ft. Lauderdale auto accident attorney. He can help resolve your insurance claim. He can also file a lawsuit on your behalf if need be.
- 1 What if Your Ft. Lauderdale Insurance Claim is Denied?
- 2 Common Types of Florida Auto Accidents
- 3 Your Ft. Lauderdale Auto Accident Attorney Will Prove Your Case
- 4 Florida is a Comparative Negligence State
- 5 Fort Lauderdale Car Accident Lawyers Handle All Sort of Injuries
- 6 Your Car Accident Lawyer will Demand That You Be Compensated for Your Injuries
- 7 Contact a Fort Lauderdale Accident Attorney Today
What if Your Ft. Lauderdale Insurance Claim is Denied?
When you file your insurance claim, it may be paid right away. Most claims are. However, there are times when the insurance company may deny your claim. Sometimes, insurance adjusters deny claims that are larger. They figure they can settle it for much less out of court. Or, they think you were responsible for the accident.
Some of the reasons your claim may be denied include:
- The policy wasn’t valid at the time of the accident
- The driver wasn’t listed on the policy
- They believe you were at fault
- They think you’re exaggerating your injuries
- You have a history of filing false insurance claims
If your insurance claim is denied, your Fort Lauderdale auto accident attorney will handle your appeal. He’s spent years dealing with insurance adjusters. He knows how to negotiate a settlement. He also knows what they may be willing to settle for.
If he’s unable to do this, he’ll have no choice but to file a lawsuit.
Very rarely do accident cases go to court. They almost all settle before trial. Nobody wants to go to court. It can get expensive and it’s time consuming. Plus, nobody wants to take the chance of losing in court. This includes your lawyer.
Common Types of Florida Auto Accidents
Ft. Lauderdale car accident lawyers handle all types of cases. Obviously, some are more serious than others. You may suffer minor injuries. Or, you may suffer really severe injuries. It depends on the type of accident you’re involved in. You’ll probably also suffer some property damage. If your car is involved in a car crash, it may be totaled. Your car accident attorney will work hard to get you all the compensation you deserve.
Some of the most common types of car accidents are:
- Rear End Accidents: Rear end accidents are very common. They usually take place while you’re stopped at a red light or caught in bumper to bumper traffic. They’re also caused by distracted drivers. People need to pay attention to what’s going on in front of them at all times.
- Head-On Collisions: Some of the more serious injuries are caused by head-on collisions. There’s really no explaining why someone would merge into oncoming traffic. But it happens. They could be drunk or maybe they lose control of their car.
- Distracted Driving: A lot of people assume that texting and driving is the most common type of distracted driving. This actually isn’t the case. Most people are simply distracted by what’s going on around them. They stare at other cars or get caught up in what other drivers are doing. As a result, you get hit and suffer broken bones and internal injuries.
- Drunk Driving: Lawyers hate to see drunk driving cases. There’s just no excuse for it. In this day and age, where we have rideshares, there’s no reason to drink and drive. If a drunk driver hits your car, you may end up very serious injuries. You may even have life threatening injuries.
Your Ft. Lauderdale Auto Accident Attorney Will Prove Your Case
Proving causation in a car accident almost always involves negligence. Negligence means someone didn’t behave the way they should have. They had a duty of care and they breached it. In order to prove negligence, your lawyer must show the following:
- The defendant owed you a duty of care: It’s not hard to prove this. We all owe other drivers a certain duty of care and caution. You have to obey all traffic laws. You also have to be conscious of your surroundings.
- They breached this duty: Your lawyer has to show that the defendant’s actions breached this duty of care. He may do this by showing he was drunk at the time of the accident. Or maybe he’ll have to show the other driver didn’t properly maintain his vehicle. If he had faulty brakes and didn’t get them fixed, he may be held liable for your injuries.
- You were injured: This is why you always have to go to the hospital after your car accident . You need to prove you were hurt. You can’t sue someone if you’re not injured. You have to actually suffer an injury to recover in a motor vehicle accident.
- Your injuries were caused by the defendant’s breach: If you were injured, it won’t be too hard to show they were caused by the accident. Unless you wait a while to seek treatment, there’s a slim chance that something other than the accident caused your injuries. Your Miami accident attorney can also rely on medical experts to prove this as well.
Very rarely can we point to just one person and say they were 100% responsible for a car accident. Usually, both parties are somewhat at fault. There is no such thing as a perfect driver. Your attorney understands this. So, what happens if you were partially at fault for your car accident in Florida?
Florida is a Comparative Negligence State
Every state has laws that deal with comparative negligence. The reason for this is that most people are at least a little bit at fault in a Fort Lauderdale car accident.
Florida follows something called comparative negligence. In Florida, you can still recover in court if you were partially at fault. As long as your fault level is less than half you may still be entitled to damages. However, your damages will be decreased by your percentage of your fault.
You’ve just arrived in Florida on vacation with your family. You have three screaming kids in the back seat. They have asked you, “Are we there yet?” about a hundred times. Your wife is recording their excitement on her cell phone. She captures you turning around to yell at the kids to behave. At the same time you do this, a car comes careening out of nowhere and hits you head on. They crossed the middle lane on the highway and hit you head-on. Who’s responsible?
Obviously, the other car is mostly at fault. Had they not crossed the center lane, they wouldn’t have hit your car. However, had you been paying attention to the road, you may have avoided the collision. You may be held to be 20% at fault. So, if you were going to receive $500,000 in damages, you’ll only receive $400,000.
Fort Lauderdale Car Accident Lawyers Handle All Sort of Injuries
Whether your injuries are minor or very serious, your Fort Lauderdale attorney can help. He’s handled all sorts of cases just like yours. Some of the most common injuries sustained in a car accident include:
- Back Injuries – A lot of people hurt their back in car accidents. Your body is jostled back and forth. It’s no surprise that you hurt your back. This could mean you suffer disc herniations or muscle strains. You may even suffer a spinal cord injury. Regardless, you’ll probably need surgery and physical therapy.
- Internal Injuries – You can’t tell that you have internal injuries. You can’t see them. You may not even feel them. This is why you have to go to the hospital. They’ll run all the tests to determine if you have suffered internal injuries.
- Traumatic Brain Injury – These are caused by having a severe blow to your head. Some of the signs and symptoms of a TBI are:
- Vision loss
- Ringing in your ears
- Memory loss
- Hearing issues
- Exhaustion and fatigue
No matter whether you think you’re hurt or not, you need to go to the hospital. You have to make sure you’re okay. You also have to document your injuries in case you have to file suit.
Your Car Accident Lawyer will Demand That You Be Compensated for Your Injuries
If you get into a Fort Lauderdale car accident, you’ll probably be entitled to damages. The more severe your injuries, the higher your damages will be. Some common types of damages in most car accident cases include:
- Medical Bills – You have a right to be reimbursed for your medical bills. This includes future medical bills. Your doctor can testify that you’ll need medical treatment in the future. The defendant will be held liable for these as well.
- Lost Wages – If you miss time from work, you have a right to be compensated. This could be anywhere from a few weeks to a few months, depending on your injuries.
- Property Damage -The defendant is responsible for any damage to your car. If your car needs to be repaired or replaced, your attorney will demand that they pay for this.
- Pain and Suffering – In some cases, pain and suffering make up the bulk of your damages. They can’t be measured with a receipt or timesheets. Your lawyer will have to prove these in court.
Contact a Fort Lauderdale Accident Attorney Today
If you or your loved one has been involved in a car accident, call a Fort Lauderdale car accident lawyer right away. You need to sit down and meet with an experienced attorney who can answer your questions. He’ll review your case and tell you what it may be worth.
Call to schedule your initial consultation today. The consultation is absolutely free and you pay nothing until you settle your case. The defendant will have attorneys working for him and you should too. Call and speak with one of our experienced attorneys today.