
Weston Car Accident Lawyer
A serious car accident can create medical, financial, and insurance problems almost immediately. You may be dealing with emergency treatment, vehicle damage, missed work, PIP paperwork, and insurance calls before you fully understand the extent of your injuries or the coverage available.
If another driver caused your crash, a Weston car accident lawyer can investigate what happened, preserve important evidence, identify potentially responsible parties and insurance coverage, and help you pursue compensation available under Florida law.
Winston Law Firm has represented injured Floridians since 1989. We handle car accident claims throughout Weston, Broward County, and South Florida, including collisions involving serious injuries, disputed fault, uninsured or underinsured motorists, dangerous roadway conditions, commercial vehicles, and catastrophic injuries.
If you or a family member was injured in a collision, contact Winston Law Firm for a free consultation. We can review the crash, available insurance coverage, medical treatment, and the next steps in your claim.
What to Do After a Car Accident in Weston
The steps you take after a collision can affect both your health and the evidence available for an insurance or personal injury claim.
When circumstances allow, consider taking the following steps:
- Move to a safe location if doing so does not create additional danger.
- Call 911 if anyone may be injured or needs emergency assistance.
- Report the collision to law enforcement when required.
- Seek appropriate medical evaluation for injuries or symptoms.
- Photograph the vehicles, roadway, debris, traffic signals, signs, and visible injuries.
- Exchange driver, vehicle, and insurance information.
- Collect contact information from witnesses.
- Preserve dashcam footage and other electronic evidence.
- Keep medical bills, prescription receipts, repair records, and wage documentation.
- Save communications from insurance companies.
Some injuries become more noticeable in the hours or days after a collision, so the absence of severe pain at the scene does not necessarily mean there is no injury.
Florida’s Personal Injury Protection rules also make timely medical care important. To qualify, you generally must receive initial services and care within 14 days after a motor vehicle accident for PIP medical benefits to apply.
You can also review Winston Law Firm’s Five Deadly Sins That Can Wreck Your Injury Claim for additional information about protecting an injury claim.
How a Weston Car Accident Lawyer Can Help
A car accident claim may involve more than determining which driver received a citation. Liability, medical causation, insurance coverage, future treatment, lost income, comparative fault, and the long-term effects of the injuries may all become disputed.
Depending on the circumstances, Winston Law Firm can:
- Review police reports and accident-scene evidence
- Obtain photographs and available video footage
- Locate and interview witnesses
- Send preservation requests for evidence that could otherwise disappear
- Review applicable insurance policies
- Investigate uninsured and underinsured motorist coverage
- Collect medical records and diagnostic studies
- Document lost wages and reduced earning capacity
- Evaluate future medical and financial consequences
- Consult qualified experts when appropriate
- Communicate with insurance adjusters
- Evaluate settlement proposals
- Prepare and pursue litigation when necessary
How Florida PIP Works After a Car Accident
Florida’s no-fault system makes Personal Injury Protection, commonly called PIP, an important part of many motor vehicle claims.
PIP generally provides certain medical and disability benefits regardless of who caused the crash, subject to statutory requirements and limits.
PIP Medical Benefits
Florida PIP generally pays 80% of reasonable and medically necessary covered medical expenses.
The statutory framework generally provides up to $10,000 in combined medical and disability benefits when you meet the requirements for the higher benefit level. When an emergency medical condition is not established, medical benefits may be limited to $2,500.
PIP Lost-Income Benefits
PIP generally provides disability benefits equal to 60% of qualifying lost gross income and earning capacity caused by injuries from the motor vehicle accident, subject to the policy’s overall statutory limits.
The 14-Day Requirement
Florida law generally requires qualifying initial medical services and care within 14 days after the accident for PIP medical benefits to apply.
PIP does not necessarily compensate an injured person for every loss caused by a serious collision. Liability insurance, uninsured or underinsured motorist coverage, health insurance, and other coverage may also become important depending on the circumstances.
Florida’s Serious Injury Threshold
Florida law limits recovery of certain non-economic damages in qualifying motor vehicle cases unless the injury satisfies the statutory threshold.
The threshold includes injuries consisting in whole or in part of:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
When the threshold is satisfied, an injured person may be able to pursue qualifying damages for pain, suffering, mental anguish, and inconvenience.
Whether an injury satisfies the threshold can depend on medical records, diagnostic studies, physician opinions, prognosis, and evidence showing how the injury affects everyday activities.
Common Causes of Weston Car Accidents
Many car crashes involve preventable driving errors. Common causes include:
- Distracted driving
- Texting or cellphone use
- Following too closely
- Unsafe lane changes
- Speeding
- Failure to yield
- Running red lights or stop signs
- Improper turns
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Failure to adjust driving for rain, traffic, or roadway conditions
Not every collision is caused solely by one driver. Employers, vehicle owners, commercial businesses, maintenance providers, contractors, manufacturers, or governmental entities may also require investigation depending on how the crash occurred.
Evidence That Can Strengthen a Weston Car Accident Claim
A strong car accident claim is built around evidence rather than assumptions about responsibility.
Potentially important evidence includes:
- Police crash reports
- Photographs of the accident scene
- Vehicle damage photographs
- Dashcam footage
- Business or residential surveillance video
- Traffic-camera footage when available
- Witness statements
- Vehicle event-data information when relevant
- Cellphone records when legally obtainable and relevant
- Medical records and diagnostic imaging
- Employment and wage documentation
- Repair estimates and property-damage records
- Expert accident reconstruction when appropriate
Some evidence may disappear quickly. Video can be overwritten, vehicles may be repaired or destroyed, roadway conditions can change, and witnesses may become more difficult to locate.
Common Car Accident Injuries
Motor vehicle collisions can cause injuries ranging from temporary strains to permanent and catastrophic conditions.
- Traumatic brain injuries and concussions
- Neck injuries
- Back and spinal injuries
- Herniated or damaged discs
- Broken bones and fractures
- Shoulder and knee injuries
- Soft-tissue injuries
- Spinal cord injuries and paralysis
- Internal injuries
- Lacerations and scarring
- Nerve damage
- Psychological and emotional effects following a traumatic collision
Weston has dedicated resources for serious injuries, including Weston traumatic brain injury lawyers and Weston spinal cord injury lawyers.
Compensation After a Weston Car Accident
There is no standard settlement amount for a Florida car accident. Potential compensation depends on the severity of the injuries, medical treatment, prognosis, lost income, available insurance, evidence of fault, comparative responsibility, and the crash’s long-term effects.
Depending on the circumstances and applicable law, damages may include:
Medical Expenses
- Emergency transportation
- Hospital treatment
- Physician care
- Diagnostic testing
- Surgery
- Physical therapy
- Rehabilitation
- Prescription medication
- Medical equipment
- Reasonably necessary future treatment
Lost Income and Reduced Earning Capacity
An injured person may be able to pursue compensation for qualifying lost wages. Serious or permanent injuries may also affect future earning capacity.
Property Damage
A motor vehicle claim may also involve vehicle repairs, total-loss issues, towing, storage, rental transportation, and other recoverable property-related losses.
Pain and Other Non-Economic Losses
When Florida’s applicable motor vehicle threshold is satisfied, compensation may be available for qualifying non-economic losses such as physical pain, mental anguish, disability, inconvenience, and loss of enjoyment of life.
Punitive Damages
Punitive damages are not automatically available simply because another driver caused the collision. Florida imposes additional legal and evidentiary requirements, and their availability depends on the conduct and circumstances involved.
What if You Were Partly Responsible for the Crash?
An insurance company may argue that an injured person contributed to the collision even when another driver was also negligent.
Florida uses a modified comparative-fault system for many negligence actions. Recoverable damages generally can be reduced by a person’s percentage of responsibility.
In covered negligence actions, a claimant found more than 50% responsible for his or her own harm generally cannot recover damages.
An insurer’s initial assessment of responsibility is not necessarily final. Photographs, video, witness testimony, vehicle damage, electronic data, roadway evidence, and expert analysis can all influence how fault is evaluated.
Car Accidents on Weston Roads
Weston has a distinctive transportation network connecting residential communities, schools, parks, shopping areas, offices, and regional highways.
Important routes include Interstate 75, State Road 84, Royal Palm Boulevard, Indian Trace, Bonaventure Boulevard, Weston Road, Saddle Club Road, South Post Road, Racquet Club Road, and other local corridors.
Access points near I-75, Royal Palm Boulevard, Indian Trace, SR 84, Bonaventure Boulevard, and Weston Road can involve merging traffic, lane changes, turning vehicles, and drivers transitioning between regional highways and local streets.
Crashes on local roads may involve very different evidence than collisions near I-75. Nearby businesses, residential properties, roadway agencies, traffic signals, intersection design, landscaping, visibility, drainage, and construction activity may all become relevant depending on where and how the crash occurred.
What if the Other Driver Is Uninsured or Underinsured?
A serious collision can become more complicated when the at-fault driver has no bodily injury liability insurance or doesn’t have enough coverage to cover the injuries and losses involved.
Depending on the policy and circumstances, uninsured or underinsured motorist coverage may provide another potential source of compensation.
Weston has a dedicated uninsured motorist accident lawyer resource that explains UM and UIM coverage in more detail.
Can a Dangerous Road Contribute to a Weston Car Accident?
Driver negligence is not the only possible cause of a collision. Road design, construction, maintenance, drainage, visibility, traffic-control devices, pavement conditions, landscaping, and other roadway issues can sometimes contribute to a crash.
Roadway cases may require engineering evidence, maintenance records, prior complaints, notice evidence, and analysis of which governmental agency, contractor, or other entity was responsible for the location.
Winston Law Firm also has a dedicated Weston defective roadway design, construction, and maintenance lawyer page for accidents in which roadway conditions may have played a role.
How Long Do You Have to File a Car Accident Lawsuit in Florida?
Florida generally provides a two-year limitations period for negligence actions against private individuals or entities, including many lawsuits arising from motor vehicle collisions.
Different rules can apply depending on the type of claim, when the cause of action accrued, whether a governmental entity is involved, and whether another statute or tolling rule applies.
Waiting can also weaken a claim before the formal filing deadline becomes an issue. Video may disappear, vehicles may be repaired, witnesses can become harder to locate, and electronic evidence may be lost.
A Weston car accident lawyer can review the circumstances and determine which deadlines apply to a particular claim.
What Does a Weston Car Accident Lawyer Cost?
Winston Law Firm offers free consultations to people injured in car accidents.
Personal injury cases are commonly handled on a contingency-fee basis. Under this arrangement, attorney fees depend on obtaining a financial recovery rather than charging hourly fees throughout the case.
The written representation agreement should explain the specific fee percentage and who is responsible for litigation expenses or other case costs before representation begins.
Why Choose Winston Law Firm After a Weston Car Accident?
Winston Law Firm has represented injured Floridians since 1989. Our practice includes car accidents, commercial truck crashes, motorcycle and bicycle collisions, pedestrian accidents, catastrophic injuries, uninsured motorist matters, roadway defect cases, and wrongful death claims.
Founding Partner Bradley Winston is a Florida Bar board-certified civil trial lawyer with more than three decades of experience representing injured people.
Our approach focuses on carefully investigating collisions, preserving evidence, identifying applicable insurance coverage, documenting the impact of an injury, negotiating with insurers, and preparing cases for litigation when necessary.
You can review examples of prior matters on Winston Law Firm’s notable case results page. Prior results do not guarantee the outcome of any future matter because every case depends on its own facts and circumstances.
Related Weston Injury Resources
Weston has a deeper local practice-area silo than several of the other markets we have cleaned, so this page can link directly into the most relevant local resources.
- Weston personal injury lawyers:
Learn more about negligence, evidence, damages, comparative fault, and broader personal injury claims. - Weston motorcycle accident lawyers:
Motorcycle collisions often involve serious injuries, visibility disputes, roadway hazards, and different insurance issues. - Weston truck accident lawyers:
Commercial truck crashes may involve drivers, trucking companies, maintenance providers, cargo companies, and multiple insurance policies. - Weston bicycle accident lawyers:
Cyclists can suffer serious injuries when struck by passenger or commercial vehicles. - Weston pedestrian accident lawyers:
Pedestrian collisions frequently cause serious or catastrophic injuries. - Weston uninsured motorist accident lawyers:
UM and UIM coverage may be important when the at-fault driver has little or no bodily injury liability coverage. - Weston defective roadway lawyers:
Road design, construction, maintenance, drainage, visibility, and traffic-control problems may contribute to some collisions. - Weston wrongful death lawyers:
Fatal collisions may give rise to wrongful death claims under Florida law.
Weston Car Accident FAQs
Do I have to use PIP if another driver caused my accident?
Florida’s no-fault system generally makes PIP an important initial source of qualifying medical and lost-income benefits regardless of who caused the collision. Other claims or insurance coverage may also apply when another driver was legally responsible.
How soon should I seek medical care after a car accident?
Seek medical attention as soon as reasonably appropriate for your health. Florida’s PIP statute generally requires qualifying initial services and care within 14 days after a motor vehicle accident for medical benefits to apply.
Does PIP always provide the full $10,000?
No. The amount of medical benefits can depend on whether an emergency medical condition is established and whether other statutory requirements are met. When an emergency medical condition is not established, medical benefits may be limited to $2,500.
Can I recover pain and suffering after a Florida car accident?
Potentially. Florida law restricts recovery of pain, suffering, mental anguish, and inconvenience in qualifying motor vehicle cases unless the injury meets the statutory threshold, such as a permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death.
What if I was partly responsible for the crash?
Florida’s modified comparative-fault law may reduce recoverable damages according to your percentage of responsibility. In negligence actions subject to the statute, a person found more than 50% responsible for his or her own harm generally cannot recover damages.
What if the driver who hit me does not have enough insurance?
Other coverage may sometimes be available, including uninsured or underinsured motorist coverage or insurance applicable to another responsible party. Weston has a dedicated UM/UIM page addressing those issues in more detail.
Can a dangerous roadway contribute to a Weston car accident claim?
Potentially. Road design, construction, maintenance, drainage, visibility, traffic controls, pavement conditions, or other roadway issues may contribute to some crashes. These claims can involve different defendants, evidence, notice requirements, and deadlines than an ordinary driver-negligence case.
How much is my Weston car accident case worth?
There is no standard settlement amount. Potential value depends on factors such as injury severity, medical expenses, future treatment, lost income, permanent limitations, available insurance, evidence of fault, comparative responsibility, and other circumstances.
How long do I have to file a car accident lawsuit in Florida?
Florida generally provides a two-year limitations period for negligence actions against private individuals or entities. Different rules can apply depending on the type of claim, defendant, accrual date, governmental involvement, and other circumstances.
Will my Weston car accident case have to go to trial?
Not necessarily. Many claims resolve through negotiation or settlement. Litigation may become necessary when the parties disagree about fault, injuries, damages, coverage, or an appropriate resolution, but even a filed lawsuit can resolve before trial.
Speak With a Weston Car Accident Lawyer
A serious collision can create medical, financial, and legal problems that continue long after the vehicles leave the accident scene.
Winston Law Firm represents people injured in Weston and throughout Broward County. We can investigate the collision, identify potentially responsible parties and available insurance coverage, document your losses, and explain your legal options.
If you or a family member was injured in a Weston car accident, call Winston Law Firm at (954) 475-9666 to schedule a free consultation.