Car accidents can shatter lives. The physical pain, emotional trauma, and financial strain can turn your life upside down, emphasizing the importance of a dedicated Florida car accident lawyer.
At Winston Law, our Fort Lauderdale personal injury lawyers know the upheaval these incidents can cause for you and your family. Rest assured, we’re here to guide you through every step, ensuring you get the compensation you deserve and the assistance needed to rebuild.
The following information will help clarify how a Fort Lauderdale car accident lawyer can assist and the steps involved in securing your future after a car accident.
We Can Handle Your Insurance Claim And Protect Your Rights Throughout the Process
After a car accident, dealing with insurance companies can be a frustrating process. Insurance companies are focused on protecting their bottom line, which often means minimizing the compensation they pay out to accident victims.
Without a skilled car accident lawyer on your side, you could end up settling for far less than you deserve. However, our attorneys can help you throughout the entire process and ensure your rights and your claim are protected.
The Insurance Company Isn’t on Your Side
Insurance companies are known to use various tactics to lowball settlement offers or deny claims altogether, even when dealing with your own insurance company. Their goal is to pay out as little as possible, even if it means acting in bad faith. Some common strategies they employ include:
Questioning the Severity of Your Injuries or Claiming They Were Pre-Existing Conditions
Insurance adjusters may try to downplay the extent of your injuries or argue that your symptoms are due to a pre-existing condition rather than the accident. They may request extensive medical records going back years to try to find any potential pre-existing issues.
An experienced Fort Lauderdale car accident lawyer will work closely with your medical providers to ensure your injuries are properly documented and causally linked to the accident. We can bring in expert witnesses if needed to establish the severity and impact of your injuries.
Tactics Used to Minimize PIP Payouts
Even though Florida drivers pay premiums for PIP insurance coverage, insurers still use various tactics to try to reduce or deny the payouts they are obligated to make after an accident. Some common strategies include:
Questioning Whether Injuries Are “Emergency Medical Conditions”
PIP is designed to cover expenses for “emergency medical conditions” resulting from the accident. Insurers may try to argue your injuries do not meet that definition in an attempt to deny coverage.
Our attorneys understand how to properly document and argue that your injuries constitute an emergency medical condition covered by PIP.
Disputing Reasonableness of Medical Charges
PIP covers reasonable medical expenses, but insurers may claim charges from certain providers are excessive or unnecessary. They may require unnecessary paperwork or preauthorization for treatments.
Your car accident lawyer in Fort Lauderdale can negotiate with medical providers ahead of time and ensure all charges and treatment plans clearly demonstrate medical necessity and reasonability.
Delaying Payment of Medical Bills
PIP is supposed to provide prompt coverage, but insurers often delay paying bills. This can result in escalating costs, liens on injury settlements, and disruption of medical care. A personal injury attorney can take action to compel timely PIP payments to medical providers and prevent any lapses in your care and treatment.
In addition to the PIP claim process, your lawyer may also advise you to file a third-party liability claim against the at-fault driver’s insurance, especially for damages exceeding your PIP policy limits. No-fault laws don’t prevent insurance companies from acting in bad faith.
How We Protect Your Rights and Interests
Having an experienced car accident attorney means you have a vigilant advocate, ensuring you receive all the PIP benefits you paid for. We also protect your right to pursue additional compensation from the at-fault party’s insurance.
An experienced car accident lawyer understands these tactics and knows how to effectively counter them. They will compile a strong case backed by evidence, push back against bad faith practices, and fight tirelessly to ensure you receive the full, fair compensation you deserve for your injuries and losses.
With proper legal representation, insurance companies will be far less likely to employ underhanded tactics.
Compensation You Can Receive in a Car Accident Case
Car accidents can be harrowing, throwing life into chaos. With damages stretching beyond just the physical, financial implications can be a burden too heavy to bear alone.
It’s pivotal for victims to understand the avenues of compensation, so they can rebuild and recover without the cloud of financial strain looming over them.
If you’ve been injured in a car accident in Florida, you may be entitled to compensation from the at-fault party’s insurance company. Damages refer to the monetary compensation awarded to make you “whole” again after the accident and resulting injuries.
In Florida, there are three main categories of damages that car accident victims can pursue
Economic Damages
These are the objectively quantifiable losses stemming from the accident, including:
- Medical expenses (past and future) – This covers hospitalization, surgery, doctor visits, medication, physical therapy, medical equipment, and any other costs related to treating your injuries.
- Lost wages – If you missed work due to your injuries, you can recover the wages you would have earned during that time period. This can include lost sick or vacation time.
- Loss of future earning capacity – For serious injuries that result in a permanent disability and inability to work the same job or earn the same income, you can claim loss of future earnings and benefits.
- Property damage – You can recover the cost to repair or replace your vehicle and any other property damaged in the accident.
Non-Economic Damages
These subjective, non-monetary losses are more difficult to quantify but are just as impactful, such as:
- Pain and suffering – This covers the physical and emotional distress caused by your injuries, such as chronic pain, anxiety, depression, and reduced quality of life.
- Disability/Disfigurement – Serious injuries can result in temporary or permanent disabilities and bodily disfigurement, both physical and emotional damages.
- Loss of consortium – In certain cases, the spouse of an injured person can recover for loss of companionship, affection, and normal marital circumstances.
Punitive Damages
In cases of gross negligence or intentional misconduct, punitive damages may be awarded. These are not compensatory damages but are meant to punish the at-fault party and deter similar future actions.
Knowing the damages available after a car accident ensures you’re not left grappling with costs you shouldn’t bear alone. This isn’t just about weathering the storm; it’s about emerging from it stronger, ensuring a brighter tomorrow regardless of today’s challenges.
Our car accident attorneys in Fort Lauderdale will thoroughly calculate and pursue all applicable economic and non-economic damages. We know what evidence is needed and how to effectively present and argue for maximum compensation.
How a Fort Lauderdale Car Accident Lawyer Can Help You
When you think of a car accident lawyer, you might envision courtrooms and dramatic legal battles. But the role actually begins much sooner and encompasses a wide range of crucial services from the moment we take your case.
Protecting Your Interests from the Start
In the aftermath of a car accident, the clock starts ticking on gathering key evidence and statements. This is why we jump into action immediately to protect your rights and interests:
Evidence Gathering
Physical evidence disappears quickly, and witnesses’ memories can become unreliable over time. That’s why one of our first priorities is thoroughly documenting the accident scene through:
- Securing police reports, photographs, videos, etc.
- Interviewing and obtaining statements from all eyewitnesses
- Arranging for a full accident reconstruction analysis by certified experts
- Obtaining documented evidence of vehicle damage
- Ensuring your injuries are properly diagnosed and recorded
Having an aggressive evidence-gathering process from the outset creates a solid foundation for your claim and prevents key details from being lost.
Handling All Documentation
Car accident claims involve a dizzying amount of paperwork, submissions, and documentation requirements from multiple parties like:
- Medical bills, records, and documentation from all providers
- Employment and income information to prove lost wages
- Vehicle repair estimates and valuations
- Specific claim forms, submissions, and correspondence with insurers
- Letters, filings, and other legal paperwork
Our experienced attorneys have the resources to meticulously manage every piece of documentation, ensuring no filing requirements or deadlines are missed.
Skilled Negotiation and Representation
Once we compile all evidence and documentation of your losses, then the real battle begins with the insurance companies and opposing legal teams. We are seasoned negotiators and litigators who:
- Analyze all evidence to determine the maximum case valuation
- Draft and deliver persuasive demand packages to insurers
- Use effective negotiation tactics during settlement discussions
- Prepare to argue your case at trial if negotiations break down
From calculating and demanding the highest reasonable compensation, all the way through litigation if needed – we have your back every step of the way.
At the end of the day, having an experienced Fort Lauderdale auto accident lawyer means you have a dedicated fighter in your corner. We perform tireless work behind the scenes to build the strongest possible case while also being aggressive advocates against insurance companies trying to discredit or devalue your claim.
Florida’s Modified Comparative Negligence Laws
On February 15, 2023, HB 837 was introduced in the Florida House of Representatives, marking a significant tort reform in Florida. This legislation introduced a variety of substantial changes. Here’s an overview of what to expect, according to the National Law Review.
Comparative Negligence System Reformation
Here are some of the basic changes:
- Previous System: The existing structure allows a claimant’s recovery to be adjusted based on their percentage of fault. Simultaneously, a defendant has the capacity to further lessen its liability based on the comparative fault of other entities.
- New System: This will transition Florida from a “pure” comparative negligence system to a “modified” one. A claimant determined to be over fifty percent (50%) at fault for their injuries will not be able to recover damages from any other party.
Florida’s Statute of Limitations for Car Accident Claims
One of the most important considerations after being injured in a car accident is the statute of limitations – the legally prescribed time window for filing a claim or lawsuit. Miss this deadline and you may be permanently barred from recovering any compensation.
Two-Year Window
Florida’s statute of limitations for negligence actions like car accident lawsuits is two (2) years from the date of the accident/incident resulting in injury
This two-year filing window applies to any civil action based on negligence, including car crashes, truck accidents, slip and falls, medical malpractice, and more.
Importance of Prompt Action
While two years may seem like adequate time, the reality is building a strong car accident case requires immediate investigation and action. Prompt retention of an attorney is critical for:
- Securing and preserving key evidence like photos, videos, witness statements
- Ensuring medical documentation clearly links injuries to the accident
- Preventing crucial details from being lost or distorted over time
- Providing adequate time to negotiate with insurers before suit is required
- Allowing proper case preparation and strategy if litigation is necessary
Even a delay of just a few months can be detrimental. The stronger and more proactive your legal representation is from the very start, the better positioned you’ll be to maximize recovery before the two-year window closes.
Don’t wait until it’s too late – contact our Fort Lauderdale auto accident attorneys immediately to protect your interests.
What Are the Common Injuries Claimed In Car Accident Cases?
Car accidents can result in a wide range of injuries, some more severe and debilitating than others. Here are some of the most common injuries claimed in car accident cases:
Whiplash/Neck Injuries
Whiplash is caused by the sudden back-and-forth whipping motion of the head during a collision, which can strain or tear the muscles and ligaments in the neck. Symptoms like neck pain, stiffness, headaches, dizziness, and arm tingling/numbness often appear in the days after the accident.
More serious neck injuries like herniated discs or vertebrae fractures can also occur in higher-impact crashes. These may require surgery and result in chronic pain or paralysis.
Back Injuries
The force of a collision can severely strain the muscles, tendons, and discs in the back, leading to conditions like herniated/bulging discs, sciatica, or even spinal cord injuries in severe cases. Back injuries are a leading cause of chronic pain for accident victims.
Traumatic Brain Injuries (TBI)
A violent blow or jolt to the head can cause a traumatic brain injury, ranging from a concussion to more catastrophic injuries like contusions, hemorrhages, or permanent brain damage. Symptoms can include cognitive impairment, memory loss, dizziness, sensory problems, mood disorders, and more.
Broken Bones and Fractures
The blunt force in a collision can easily cause broken bones, especially in the arms, wrists, legs, hips, ribs, and facial areas. Severe compound fractures may require multiple surgeries and extensive rehabilitation.
Internal Injuries
Internal organ damage, internal bleeding, ruptured spleens, and other internal injuries are possible in high-impact crashes. These injuries can be life-threatening if not treated promptly, as internal bleeding is not always immediately visible.
Regardless of the type of injury, it’s crucial to have it properly documented by medical professionals after a car accident. This documentation is key evidence in any injury claim against the at-fault party’s insurance company.
Our car accident attorneys in Fort Lauderdale know how to gather proof of your injuries and accurately calculate compensation for current and future medical costs, lost wages, pain/suffering, and diminished quality of life.
The Importance of Prompt Medical Attention
One of the most critical steps to take after any car accident is seeking immediate medical evaluation and treatment – even if you think your injuries are minor or don’t feel symptoms right away. Failing to get prompt medical care can seriously undermine your ability to recover full compensation down the line.
There are several key reasons why getting evaluated by a doctor as soon as possible after a crash is so vital:
Detecting Unseen Injuries
Some injuries don’t produce obvious symptoms immediately after an accident’s adrenaline wears off. Conditions like concussions, internal bleeding, whiplash, and soft tissue damage can be easily missed without proper examination. Detecting and treating these early prevents them from worsening into bigger health issues.
Linking Injuries to the Accident
The sooner your injuries are documented by a medical professional, the clearer the direct connection is between your harm and the car accident. Delays in treatment create opportunities for insurance companies to argue your injuries were caused by something else or were pre-existing conditions.
Establishing a Consistent Record
Following your doctor’s full treatment plan, including prescribed follow-ups, therapies, etc., creates an uninterrupted record showing the scope and severity of your injuries over time. Any gaps in treatment give insurers ammunition to dispute the extent of your injuries and damages.
Avoiding Accusations of Exaggeration
If you delay or fail to seek treatment initially and then later make injury claims – insurance companies will absolutely use this to accuse you of exaggerating symptoms or making fraudulent claims. Following through promptly negates those damaging allegations.
Increasing Long-Term Recovery Options
Starting prompt, proper treatment puts you in the best position to achieve maximum medical recovery and improved long-term health outcomes. This can reduce claims for future medical costs and lost earning capacity damages.
From both a legal and medical standpoint, your personal injury case and overall recovery become significantly more difficult if you delayed or avoided seeking initial accident treatment. Always err on the side of caution and get evaluated, even if you feel “fine” after a collision. Doing so protects your rights and options for full compensation.
What Kinds Of Car Accidents Do We Handle?
Our Fort Lauderdale car accident lawyers handle a wide range of car accident cases involving various types of collisions and circumstances. Here are some of the main kinds of car accidents we routinely represent clients for:
Rear-End Collisions
These are some of the most common types of crashes, often caused by a driver following too closely, being distracted, or misjudging stopping distances. Rear-end impacts can result in whiplash injuries, back trauma, concussions, and other serious harm.
Head-On Collisions
These high-speed, forceful impacts occur when two vehicles collide front-to-front. Head-on crashes have a higher likelihood of catastrophic injuries like traumatic brain injuries, spinal cord injuries, crushed/amputated limbs, and fatalities. Investigating fault is crucial in these cases.
Side-Impact/T-Bone Accidents
When one vehicle strikes the side of another, this is known as a side-impact or T-bone collision. The striking vehicle often impacts the driver or passenger compartment, leading to severe injuries. Side curtain airbags help but don’t always prevent trauma.
Sideswipe Collisions
These occur when the sides of two parallel vehicles scrape against each other or clip another vehicle. While less forceful than head-on crashes, sideswipe impacts can still cause serious injuries, especially at higher speeds.
Rollover Accidents
A vehicle rollover, whether a single vehicle or involving other impacts, dramatically increases the forces involved and the likelihood of catastrophic injury or death. Crushed roofs and ejections are major risks in rollovers.
Pedestrian Accidents and Bicycle Accidents
When a driver strikes a pedestrian or bicyclist, these vulnerable parties often suffer extremely severe injuries due to the force involved and lack of protection. Determining fault is crucial in pedestrian right-of-way cases.
We also handle commercial vehicle accidents involving semi-trucks, delivery vans, rideshares, and other vehicles used for business purposes. These cases often involve complex regulations and deeper insurance coverages.
No matter what type of motor vehicle accident occurred, our team thoroughly investigates to determine liability, calculate damages, and build the strongest possible case for our clients. From relatively minor accidents to multi-vehicle pileups, we fight aggressively to secure maximum compensation for your injuries and losses.
Contact a Fort Lauderdale Car Accident Attorney Today
Car accidents can turn your world upside down in seconds. The emotional, physical, and financial pain can be overwhelming. But remember, every problem has a solution. Don’t let the aftermath of an accident bog you down or rob you of your rights.
Immediate action is crucial. We at Winston Law understand the pain you’re facing. But with a dedicated Fort Lauderdale car accident lawyer from our team, you’re not alone.
We’re here to guide, support, and fight for you. Don’t wait; the clock is ticking. For guidance, support, and to ensure justice, contact us today for a free consultation.
