Car accidents are one of the leading causes of death and injury for every demographic.  Car accident statistics in Florida show that a day rarely goes by without any car accidents, and our lawyers are here to help victims in and around Fort Lauderdale.

When you get injured in a car accident, report the crash, collect evidence (if you can), and get immediate medical treatment.  Then, work with our lawyers.  Do not file insurance claims on your own, do not talk about the accident, and do not accept anything until you talk to us about your claim.

For a free case evaluation, call the car accident attorneys at Graves Injury Law Firm at (305) 614-2767 right away.

What Should You Do After a Car Accident in Fort Lauderdale?

Take these steps to deal with the aftermath of your car accident.

Report the Accident

All car accidents in Florida must be reported if they involve injury or death.  That means you should call 911 immediately after an accident.

Do not assume that the other driver is going to call 911.  If you were injured in an Uber/Lyft, also do not assume your driver will call 911.  Always do it yourself unless you have actively confirmed someone else reported the crash.

Get Medical Care

Medical treatment is your number one priority.  Get the help you need, even if that means leaving the scene of the accident in an ambulance.

Always request an ambulance when you call 911 if there were any injuries.

Collect Evidence

If you can stay at the scene of the accident for a while, collect as much evidence as you can.

  • Exchange contact and insurance information with the other driver.
  • Write down the name and contact info for any witnesses.
  • Write down the make, model, color, and license plate number of the vehicles involved.
  • Take photos of the accident.
  • Note whether any signs or signals were present.
  • Note whether any security cameras may have caught the accident on video.

Call a Lawyer

Do not try to handle your case on your own.  The insurance companies and the other driver might try to take advantage of you.

Always work with a lawyer who can represent you and your best interests.

Should I Call Insurance or a Lawyer First?

Never talk to insurance on your own.  There are problems this can cause with your case that you might not be able to come back from, so call our car accident lawyers first.

Insurance Will Use What You Say Against You

The insurance company will typically record phone calls.  They can also use any statements you make to them against you, even if just to point out that your story is not exactly the same each time you tell it.

Do not give them any ammunition to use against you; do not talk to insurance without a lawyer.

Multiple Insurance Companies Involved

In Florida, we use a no-fault insurance system, meaning that you are likely going to deal with your own insurance and the defendant’s insurance.  Your insurance has $10,000 of personal injury protection (PIP) insurance that pays regardless of fault, but you also need to file a claim against the other driver’s liability insurance in most cases.

How to Deal with Insurance

Do not trust that your insurance company has your best interests in mind, especially if the other driver has the same insurance company.  In any case, do not talk to insurance or accept anything, since you might not be able to tell which policy the money comes from.

Only One Chance to Settle

You can accept your PIP payouts without settling, but any money from the defendant’s insurance might qualify as a settlement and end your case.  You only get one chance to get damages through a settlement or jury award; you cannot go back and get more money later.

What Our Lawyers Do

Our lawyers will handle the claims for you.  We will talk to insurance for you, and we can help you understand what your case is worth before you accept any settlements.

If the settlements are unreasonable, we can negotiate for higher damages.  If they refuse to pay, we can take them to court in a lawsuit.

Car Accident Lawsuits in Fort Lauderdale

In many cases, a lawsuit will be necessary to maximize your damages.

When Lawsuits Are Needed

As you will see, your insurance will cover only a percentage of your damages, and only up to a certain limit.  If you file a claim against the other driver’s insurance, you might get some of these paid, but their insurance might not cooperate.

If our car accident lawyers cannot get your damages through an insurance settlement, then a lawsuit will be needed.

Serious Injury Threshold

Florida has a no-fault car insurance system, where your own insurance will cover up to 80% of medical expenses and 60% of lost wages, maxing out at $10,000.  You can go to court to claim the missing damages – including pain and suffering – if you have “serious injuries.”

This list of serious injuries from § 627.737(2), Fla. Stat., comprises permanent injuries, lost function, significant scarring, and death.

Pain and Suffering Damages

You can only get pain and suffering damages if you have a “serious injury” under these rules.  This is the only way to get damages for emotional distress, physical pain, mental anguish, etc.

Your insurance will not pay pain and suffering damages.

Lawsuit Process

Lawsuits begin with a complaint filed in court.  This leads to pre-trial motions, then the “discovery” stage, where we can exchange evidence and take depositions.  If the case gets through discovery without settling, we move on to a trial.

Cases can be settled at virtually any stage.  Settlement negotiations will continue on throughout most of the case.

Damages Available in Car Accident Cases

Car accident cases usually involve these damages:

Medical Bills

Your insurance covers only 80% of medical bills, so you usually need the defendant to cover some of these to avoid paying out of pocket.  They are often some of the biggest expenses in serious car accident cases.

Lost Wages

Your own insurance covers only 60% of these damages, and you may need ongoing lost wages for the rest of your life.  This often means suing the defendant to get full payment.

Lost wage damages can cover you if you can no longer work at all, if you now work at a reduced pay rate because of your injuries, or if you missed work only for a limited time while recovering.

Vehicle Damage

The damage to your body is more important than the damage to your vehicle, but these expenses should not be overlooked.  We can claim the reasonable cost of repairs plus any reduced value in your vehicle or the remaining value of the vehicle if it was “totaled.”

Other Economic Damages

Some other incidental costs the accident causes you can also be covered.  We usually prove these values with bills and receipts, but we may need to work to prove the expense was related to the crash.  E.g., childcare costs while you were hospitalized might be covered.

Non-Economic Damages (Pain and Suffering)

Non-economic damages can only be claimed in lawsuits, not through your PIP insurance.  These damages pay for the intangible effects of a crash, like pain, suffering, emotional distress, and more.

These damages can often total as much as the other damages in your case, or even double or triple that amount.

Punitive Damages

In rare cases, the defendant’s actions were so dangerous that we can claim additional damages to punish them for what they did.  This might come up in DUI accidents, for example, or against trucking companies whose repeat dangerous actions put drivers at risk.

FAQs for Car Accident Cases in Fort Lauderdale, FL

Do You Need a Lawyer?

Always work with a lawyer.  Never trust that the insurance companies have your best interests in mind.

Insurance does not work the same as a lawyer and cannot represent you.  When you are the victim, your insurance does not provide you with a lawyer like it does for defendants.

What is the Deadline to File?

In Florida, victims have 2 years to file personal injury claims, including for car accidents.

What if You Were Hurt While on Vacation?

If you were in Fort Lauderdale on vacation or a business trip when your crash happened, you may need to file the case here.  Our lawyers can help you even if you are going to be back home during most of the case.

You may not be able to use a lawyer from out of state if they are not licensed to practice in Florida.  We may also be able to settle the case without you ever having to see the inside of a courtroom, though if the case goes to trial, you may need to come back.

What if You Were in a Crash While Working?

If your car crash was work-related, car insurance might still cover it, but so might your employer’s Workers’ Compensation insurance.  Our attorneys also handle these specialized work injury cases and can help you get compensation through that system.

However, neither your PIP car insurance nor Workers’ Comp pays pain and suffering damages, so a lawsuit might still be necessary for serious injury cases to be paid in full.

Who Determines Fault?

The at-fault driver’s insurance will decide if they want to pay – but they might not actually admit fault.  If they refuse to pay, then we can take the case to court.

At trial, the jury determines who was at fault, how much fault they shared, and how much the damages are.

Can You Be Partially at Fault?

For a long time, Florida had a “pure comparative negligence” law that meant drivers could sue to recover the share of damage the defendant caused them, even if they were 99% at fault for their own crash.  Now, Florida law blocks you from suing if you are more than 50% at fault.

For shared fault under 50%, you lose out on damages equal to your percentage of fault.  Even so, your no-fault insurance might still pay for some of these amounts because it does not take fault into consideration.

How Do Car Accident Lawyers Get Paid?

Our attorneys typically work on a contingency fee basis.  This means we get paid a portion of your winnings and only get paid if you win.

This means there will be no up-front charges for you to worry about while you are dealing with medical bills, lost wages, repair costs, and other expenses.

What is a Loss of Consortium Claim?

In many accident cases, the victim’s spouse can also get damages for the victim’s injuries.  These are meant to cover lost household services, lost intimacy, and other damages the spouse suffers when their spouse is out of commission.

Can You Sue for Wrongful Death in a Car Accident?

If a loved one was killed in an accident, we can file a wrongful death lawsuit.  This usually involves two claims:

  • A survival action to cover the claim the victim could have filed if they lived and
  • A wrongful death lawsuit to cover the family’s own damages.

What Constitutes Fault in a Car Accident Case?

A party can only be held at fault if they violated a legal duty, which caused the crash and the victim’s damages.

This often requires a traffic violation, like speeding, texting while driving, or drunk driving.  However, any driving that is unreasonable as compared to what a reasonable driver would do may also qualify, even if it does not explicitly violate traffic laws.

Can You Sue Commercial Drivers?

If you were hit by a commercial driver while they were working within the scope of their employment, you may be able to sue the company they were driving for.

This can cover claims against trucking companies, delivery companies, etc.  Suing rideshare companies like Uber and Lyft is often challenging because they insist their drivers are independent contractors, and we would need to prove otherwise to sue the company, though we can file a case directly against the at-fault driver.

Call Our Fort Lauderdale Car Accident Lawyers for Help Today

Call (305) 614-2767 for a free case review with the car accident lawyers at Graves Injury Law Firm.