Fort Lauderdale Car Accident Lawyers

Car Accidents in Fort Lauderdale Handled by Legal Professionals

Were you recently involved in a devastating motor vehicle accident? Has your entire life been turned upside down by the collision and your resulting injuries? If so, you may be entitled to total financial compensation. The liable party should be ordered to compensate you for your damages so you can cover your expenses and access the monetary support you need to pick up the pieces of your life. Working with Fort Lauderdale’s go-to lawyers for injury cases may be the best way to maximize your payout.

With Amanda Demanda Injury Lawyers on your side, the claims process does not need to be overwhelming. Our firm is here to guide you through the personal injury claims process, identify those responsible for causing your injuries, and ensure you receive fair compensation for your suffering. Do not let your fear of a complex claims process hold you back from demanding justice. Reach out to a top-rated Fort Lauderdale car accident lawyer at our firm for a free consultation today. When you do, we can discuss the value of your claim, how to move forward with your case, and who is ultimately at fault for your collision.

Fort Lauderdale Car Accident Laws

When you are seriously injured in a car accident, you have the right to take legal action against those responsible. Florida tort laws make it possible for you to hold the liable party accountable to the fullest extent of the law. However, multiple car accident laws could have an impact on the outcome of your case. Your auto accident lawyer will be responsible for investigating Fort Lauderdale car crashes where victims suffered catastrophic injuries to determine how much your case could be worth.

Florida Auto Insurance Requirements

Florida is a no-fault auto insurance state. All motorists are legally required to carry certain types of auto insurance coverage with a minimum limit. These types of auto insurance requirements include:

• $10,000 in personal injury protection (PIP) coverage
• $10,000 in property damage liability coverage

This is by no means considered full coverage. This is the bare minimum amount of auto insurance required under Florida law. Injury victims will file a claim against their personal auto insurance policies since Florida follows no-fault insurance laws. Your PIP coverage is designed to compensate you for certain types of economic losses, such as medical expenses and lost wages, without regard to liability for the accident. However, if you only have $10,000 in PIP coverage, the insurance company will be legally required to compensate you up to $10,000 for these economic damages. For this reason, it may be in your best interests to increase the amount of auto insurance coverage you have and opt into certain types and amounts of coverage, such as:

• Gap insurance, if you are financing or leasing
• Uninsured motorist bodily injury liability coverage
• Underinsured motorist bodily injury liability coverage
• Comprehensive and collision
• Rental car coverage

Although you have no legal obligation to increase your auto insurance coverage or add these optional types of coverage to your policy, doing so can only protect you in the event of an accident. Unfortunately, when you file a claim against your auto insurance policy, it could be devastating for you financially. Even though this coverage is designed to protect you, the insurance company will lose money by paying out your settlement. Then, when it comes time for your policy to renew, they will increase your premiums. This may make it more difficult to afford the cost of your auto insurance coverage. It is one of the top ways insurance companies recoup their losses after an accident. The insurance company will also likely file a subrogation claim against the liable party seeking the value of your insurance settlement.

How Insurance Claims Work

Unfortunately, your auto insurance coverage is not likely to cover every loss. Since Florida follows no-fault insurance laws, you will be dealing with your auto insurer. Although you might have assumed this would make your case a little easier, it is important to remember that the insurance company is not going to be prioritizing your interests. The insurance company is only legally required to pay you up to the maximum out of your policy terms. This means you may have an excess of damages the insurance company is not financially obligated to compensate you for. For this reason, it is always in a car accident survivor’s best interests to prepare to move forward with a lawsuit. This way, you can avoid some of the limitations that come with insurance settlements.

Insurance Adjusters Are Not Your Friends

Recovering a payout from the insurance company is one of the most common ways Fort Lauderdale car accident victims can recover compensation for their losses. Unfortunately, dealing with the insurance company is not easy. You will be filing a claim against your auto insurance policy. So you might think the insurance company is on your side. However, this is not the case.

If the insurance company pays out on your claim, they will lose money. You can expect the insurer to look for mistakes or errors in your application that allow them to deny your claim or reduce your settlement. Some of the most common ways adjourned adjusters have been known to take advantage of car accident victims include:

• Delaying claim processing
• Refusing to investigate claims
• Refusing to respond to phone calls, emails, or other attempt at communication
• Blaming the injury victim for causing the accident
• Accusing the injury victim of exaggerating their injuries
• Misrepresenting the insurance policy terms

These are just a few of the most common ways insurance companies handle claims and bad faith. If we discover the insurance company is attempting to lowball you or take advantage of you during some of the most challenging times in your life, you can rely on us to step in and take action. We will be prepared to renegotiate settlement terms, challenge bad faith claims, and move forward with legal action in court if necessary.

Car Accident Claim Deadlines

Your car accident claim must be filed before the deadline. The amount of time you’ll have depends on the type of claim you are filing. Insurance companies can set their deadlines. Depending on who your auto insurance provider is, you could have as little as two days to file a claim with the insurance company.

If you are filing a personal injury lawsuit for your car accident damages, you will need to follow the personal injury statute of limitations. The law allows you a maximum of two years from the date of the accident to get your lawsuit filed. Unfortunately, when lawsuits and accident claims are not filed before these deadlines, injury victims lose out on the opportunity to recover compensation for their losses.

Challenging Shared Liability Allegations

Florida’s modified comparative negligence laws could have a significant impact on the outcome of your case. When the insurance company or liable party attempts to blame you for the accident, your injury settlement could be in jeopardy. Sharing fault will not necessarily prohibit you from receiving a settlement, but it will reduce the amount you are awarded. If your portion of liability is less than 50%, your settlement will be reduced proportionately. 

For example, if you were not wearing your seatbelt at the time of the accident, the defense could argue you are partially at fault for your injuries. If the judge agrees, they might assign your portion of liability at 10%. Your judgment will then be reduced by 10% before your compensation is issued. However, if your percentage of liability exceeds 50%, you will be prohibited from seeking compensation for your loss before a judge and jury. 

Sadly, liable parties and insurance companies often attempt to capitalize on these laws to reduce their financial burdens. We do not believe this is a problem you should have to deal with. When we step in, the insurance company will be more likely to take your case seriously. We will show that you mean business and never allow you to be tricked into settling for less than your damages are worth.

Common Types of Fort Lauderdale, FL Car Accident Cases 

Our Fort Lauderdale car accident attorneys will be closely examining the type of collision you were involved in. It is our goal to identify the liable party, and the type of car accident will help us to figure out who should compensate you for your suffering. Some of the most common types of car accidents our clients have endured include:

• Rear-end collisions
• Hit-and-run accidents
• Rideshare accidents
• Sideswipe accidents
• Commercial truck accidents
• Drunk driving accidents
• Head-on collisions
• Single car accidents
• T-bone accidents
• Distracted driving accidents
• Uber accidents
• Pedestrian accidents
• Drowsy driving accidents
• Highway accidents
• Multi-vehicle accidents
• Aggressive driving accidents
• Motorcycle accidents
• Lyft accidents
• Bicycle accidents
• Bus accidents
• Taxi accidents

These are only a few examples of some of the types of motor vehicle accidents our firm has handled. You can rely on us to thoroughly investigate your case, gathering compelling evidence along the way. The burden of proof in personal injury claims is based on a preponderance of the evidence. We do not necessarily need to prove liability beyond a reasonable doubt for the jury to return a verdict in your favor. However, we do need to introduce evidence that convinces them the defendant is more likely than not responsible for causing your Fort Lauderdale car accident injuries. 

Compensating Car Accident Victims in Fort Lauderdale 

Fort Lauderdale car accident survivors have the right to total financial compensation. Here are some of the most common types of damages victims are awarded through insurance claims or trial verdicts:

Lost Income

Recovering your lost wages will be one of our top priorities. Not only should you be repaired for the income you lost by having to take time off work, but if you missed out on employee benefits, or have suffered a permanent disability that will affect your future potential earnings, these damages should also be included when we calculate the value of your claim.

Pain and Suffering

Pain and suffering do not have a set financial value. These are considered non-economic damages since their value is subjective. Pain and suffering refer not only to the physical pain related to your injuries, but your emotional distress, reduced quality of life, and complex feelings of embarrassment, anticipation, shame, inconvenience, fear, shock, apprehension, and indignity.

Medical Expenses

Our car accident lawyers will work diligently to ensure every medical expense related to your car accident is considered. You should not be stuck covering even one penny of your medical bills. Some examples of medical expenses we can get covered include:

• Medical treatment
• Diagnostic testing
• Ambulance bills
• Medical home accommodations
• Future medical care
• Home health aides
• Medical devices and equipment
• Co-pays
• Prescription medications and over-the-counter drugs
• Mental health counseling
• Reconstructive surgery
• Physical and occupational therapy

Punitive Damages 

Punitive damages are possible but not common in car accident cases. These are only available when the court system finds punishing the defendant necessary. Typically, this will occur when the defendant’s conduct is found to be egregious, grossly negligent, or intentionally malicious.

Fort Lauderdale Car Accident FAQ 

Being involved in a car accident is never easy. The fallout of the accident could impact nearly every facet of your life. Compensating you for your damages is the least the liable party can do. As you gear up to move forward with your claim, you may be feeling intimidated or overwhelmed by what is to come. You do not have to go through these trying times alone. 

We want you to feel empowered as you fight for justice. In the hopes of building your confidence, we have compiled a comprehensive FAQ below that answers some of the most frequently asked questions surrounding car accidents in Fort Lauderdale. If you find yourself with additional questions, do not hesitate to contact our personal injury attorneys to discuss your concerns in greater detail.

Can I lose my house due to an at-fault car accident in Florida?

If you are found responsible for causing a crash in Florida, you will be expected to compensate the car accident injury victim for their damages. Your ability to pay is not relevant. You can be ordered by the civil court system to pay for the injury victim’s car accident damages in full. 

You may be able to enter a repayment plan instead of paying the total value of the car accident judgment in one lump sum. The good news is, that due to Florida’s homestead exemption, you cannot lose your house due to an at-fault car accident. Although other assets may be considered in money judgment, you will not be at risk of losing your house.

How much does it cost to hire a car accident attorney?

One of the benefits of working with an experienced car accident lawyer is the ability to avoid any retainer fees. Certain types of attorneys require a down payment of sorts, known as a retainer. The attorney will then either use the retainer fee to cover costs that come up as they pursue the case or deduct their hourly attorney fee from the retainer and continue billing the client after the retainer has been depleted. 

However, our personal injury lawyers do not work on an hourly basis or require retainers. We work on a contingency fee basis. Instead of getting paid by the hour, we only get paid if we win. A percentage of your injury settlement will go towards our attorney’s fees if we are successful. Generally, this will amount to somewhere around 20% to 40% of your car accident settlement. The exact details will be described as part of your contingency agreement. If we do not win, you do not have to pay anything for our services. This way, you are never putting your finances at risk.

Did Florida’s personal injury laws recently change?

Yes, they did. In 2023, Governor DeSantis signed legislation that updated several personal injury laws in Florida. For example, the statute of limitations for personal injury lawsuits used to be four years from the accident date. This was one of the most effective friendly personal injury laws across the country. With the new legislation, FL’s statute of limitations has been reduced from four years down to as little as two years from the date of the accident. But that is not at all. 

The state used to follow pure comparative negligence laws. When injury victims share blame for an accident, they could still be awarded a settlement despite their shared liability. Even individuals who carried 99% of the fault could be awarded a payout for the 1% of the blame they did not carry. However, the law has since changed as of 2023. Now, the state is following a modified comparative negligence system. 

There is a limit to how much blame a car accident victim can share for the accident while recovering an injury settlement. Once that threshold has passed the limit, injury victims no longer have the right to compensation for their damages. It is important to keep in mind that accidents that occurred before the law change will follow the laws that were in place before the change occurred. 

For example, if your car accident happened before March 2023, your case may follow pure comparative negligence laws and have a four-year statute of limitations. However, if your car accident happened on or after March 2023, the state’s new personal injury laws will apply. If you have questions or concerns about how your settlement will be affected, do not hesitate to connect with our Fort Lauderdale personal injury law firm to discuss the specific circumstances of your case.

What are the most common causes of car accidents in Fort Lauderdale?

Our Fort Lauderdale accident attorneys will closely evaluate the cause of your car accident in Fort Lauderdale so we can identify the liable party. Car accidents can be caused in virtually endless ways. However, our clients are most frequently involved in accidents caused by negligent driving, dangerous road conditions, and auto part malfunctions or defects. 

Negligent driving is one of the top ways accident victims suffer life-threatening injuries. Any type of unsafe driving could be considered negligence. Some examples of negligent driving could include:

• Speeding
• Driving under the influence of drugs or alcohol
• Following too closely
• Failure to check blind spots
• Failure to use a turn signal
• Distracted driving
• Aggressive driving
• Failure to yield
• Failure to stop
• Road rage
• Unsafe lane changes
• Driving while fatigued

Another way motor vehicle accidents occur is because the road conditions are two hazardous. This can be because of inclement weather or negligence by those responsible for proper road safety and maintenance. Some examples of dangerous road conditions that often cause auto accidents include:

• Lack of bicycle lanes
• Lack of street lighting
• Potholes
• Improperly secured road construction worker zones
• Lack of crosswalks
• Broken crosswalk lights
• Defective traffic lights
• Lack of stop signs
• Failure to replace missing street signs
• Failure to improve faded road markings

There is also the possibility that your car accident was caused by malfunctioning auto parts. Most often, when vehicle parts are defective, the dealerships and manufacturers will issue recalls. Individuals affected by the recall will be able to visit the dealership to repair or replace the defective at no cost. Unfortunately, before recalls are issued, many people may suffer catastrophic or fatal injuries. Some of the most common types of auto parts known for malfunctions include:

• Tires
• Transmissions
• Brakes
• Engines
• Ignitions
• Windshields
• Windshield wipers
• Steering columns
• Fuel lines
• Gas tanks
• Airbags
• Seatbelts

Our thorough investigation will reveal the cause of your Fort Lauderdale car accident. We will then be able to consider the identities of those who may share the blame for your injuries and be expected to compensate you for your damages accordingly.

Who is responsible for causing my Fort Lauderdale car accident?

It is our top priority to figure out who is responsible for causing your collision. This is the individual or entity that will be ordered to repay you in full for your damages. The cause of your accident will help us determine who is liable. For example, if your injuries were caused by a negligent driver, that at-fault driver could be sued in civil court. However, if your accident was caused by a drunk driver, not only could you hold the driver accountable, but you might also have grounds for a dram shop liability claim. Here, any establishment that sold or served alcohol to the driver despite being visibly impaired could be named as a co-defendant in your Fort Lauderdale car accident lawsuit. Such establishments could include:

• Restaurants
• Bars
• Sports stadiums
• Night clubs
• Liquor stores
• Supermarkets

If your car crash was caused by dangerous roads, you should not be surprised if multiple parties are found to share blame. The individuals and organizations responsible for road integrity across Fort Lauderdale in the state of Florida could be at fault if road hazards are the primary cause of your accident. Some of these parties could include:

• The Florida Department of Highway Safety and Motor Vehicles
• The Florida Department of Transportation
• The city of Fort Lauderdale
• Government-contracted road construction workers, contractors, subcontractors, and independent contractors
• Safety inspectors working for government agencies

In the event your collision was caused by defective motor vehicle parts, there is a strong possibility you could have grounds for a claim against nearly anyone involved in the chain of distribution of these parts. These individuals or entities could include:

• Motor vehicle maintenance technicians
• Auto parts designers and manufacturers
• Motor vehicle parts distributors and retailers
• Motor vehicle dealerships and company executives
• Safety inspectors
• Other third parties

After conducting an in-depth investigation into your car crash, we will have a better idea of who should be sued. If several parties are found to share liability, you may have a greater chance of maximizing your financial compensation. With the responsibility for compensating you shared by multiple parties, you are more likely to be awarded the compensation you deserve. We can discuss culpability for your damages during your free consultation when we discuss the specific circumstances of your case.

Request a Free Consultation With Our Experienced Car Accident Lawyers Today

The trauma of your auto accident may be enough to permanently alter the course of your life. We do not believe there is any reason you should be stuck dealing with the consequences when someone else’s negligence is the cause of your injuries. It is up to you to take action and make the liable party pay.

Reach out to Fort Lauderdale’s leading car accident attorneys at Amanda Demanda Injury Lawyers to schedule a no-cost, risk-free consultation. Our firm is proud to provide complimentary case reviews to injury victims across Fort Lauderdale, Miami, and across the state of Florida. Take advantage of this opportunity. Complete our quick contact form or call our office to start working on your car accident insurance claims and civil lawsuits as soon as today.