Why Fort Lauderdale Drivers Need a Car Accident Lawyer After a Crash

A Fort Lauderdale car accident lawyer helps crash victims recover compensation for injuries, medical bills, lost wages, and pain and suffering. After an accident, an experienced attorney can be the key to securing a fair settlement instead of facing overwhelming debt.

When to hire a Fort Lauderdale car accident lawyer:

• Within days of your accident to preserve evidence and protect your rights
• Before speaking to the other driver’s insurance company
• If your injuries are serious or resulted in permanent disability
• When fault is disputed or multiple parties are involved
• If your claim is denied or you receive a lowball settlement offer

What a car accident lawyer does for you:

1. Investigates the crash and gathers crucial evidence
2. Handles all communication with insurance companies
3. Calculates the true value of your claim (medical bills, lost wages, pain and suffering)
4. Negotiates aggressively for maximum compensation
5. Takes your case to court if a fair settlement can’t be reached

In 2023, Broward County had 40,139 motor vehicle accidents, resulting in 24,460 injuries and 208 fatalities. These aren’t just statistics; they represent lives disrupted by physical pain, mounting medical bills, lost income, and the stress of dealing with profit-focused insurance companies.

DiStefano Law LLC has been a trusted accident law firm for residents of Fort Lauderdale, Boca Raton, and across South Florida for over 40 years. Our experienced Fort Lauderdale car accident lawyers understand Florida’s complex laws and fight to hold negligent drivers accountable, allowing you to focus on healing.

What to Do Immediately After a Fort Lauderdale Car Accident

The moments after a car accident are chaotic, but your actions can significantly impact your health and legal claim. Knowing these critical steps will protect your rights and well-being.

Critical First Steps at the Accident Scene

Your safety and health are the primary concerns. If you are in a car accident in Fort Lauderdale, take these immediate actions:

• Prioritize Safety First: Check on everyone involved. If possible and safe to do so, move your vehicle to the side of the road and turn on your hazard lights.
• Call 911 Immediately: Even for minor accidents, call emergency services. This brings medical help and ensures police create an official accident report, which is vital for your claim.
• Seek Medical Attention: Adrenaline can mask injuries, so see a doctor right away. In Florida, you must seek initial medical treatment within 14 days of the accident to be eligible for Personal Injury Protection (PIP) benefits. Missing this deadline can jeopardize your coverage.
• Exchange Information: Collect contact and insurance details from all drivers involved, including names, phone numbers, insurance company names, policy numbers, and license plate numbers.
• Document the Scene Thoroughly: Use your phone to take photos and videos of vehicle damage from multiple angles, the accident scene, road conditions, traffic signs, skid marks, and any visible injuries.
• Gather Witness Information: If there are witnesses, get their contact information. Their impartial testimony can be crucial for proving fault.

For more detailed guidance on what to do after a car accident, we encourage you to read our complete guide: More info about what to do after a car accident.

Protecting Your Claim: What NOT to Do

Knowing what not to do is just as important. The other driver’s insurance company is not on your side; their goal is to minimize their payout.

• Do Not Admit Fault: Never admit fault. Even a simple “I’m sorry” can be used against you. Only discuss fault with the police and your attorney.
• Avoid Recorded Statements: Politely decline to give a recorded statement to the other driver’s insurer. Refer them to your Fort Lauderdale car accident lawyer, as anything you say can be used against you.
• Be Wary of the Other Driver’s Insurer: The other insurer’s adjusters are trained to pay out as little as possible. They may rush you into a low settlement or trick you into damaging your own case.
• Social Media Risks: Avoid posting about the accident or your injuries on social media. Insurance companies monitor these platforms for anything that might contradict your claim and devalue your case.
• Don’t Accept a Quick Settlement: Early settlement offers are almost always too low. You may not know the full extent of your injuries yet. Once you settle, you cannot seek more compensation later, even if your condition worsens.

To safeguard your rights, it’s always best to seek professional legal counsel. For expert guidance, get car accident legal advice.

Understanding Florida’s Complex Car Accident Laws

Florida’s car accident laws are complex. Understanding the key rules is essential for protecting your claim.

Florida’s No-Fault System and Your PIP Coverage

Florida is a “no-fault” state, meaning you first file a claim with your own Personal Injury Protection (PIP) insurance for medical bills and lost wages, regardless of who caused the crash.

Here’s how PIP works:

• Coverage: Standard PIP provides up to $10,000.
• Medical Bills: It covers 80% of reasonable and necessary medical expenses.
• Lost Wages: It covers 60% of lost income if you cannot work.
• 14-Day Rule: You MUST seek medical treatment within 14 days of the accident to qualify for full PIP benefits. Missing this deadline can reduce your coverage to just $2,500.

While PIP provides quick access to benefits, it may not cover all your losses. To sue the at-fault driver for damages like pain and suffering, your injuries must meet Florida’s “serious injury” threshold, which includes:

• Significant and permanent loss of an important bodily function.
• Permanent injury within a reasonable degree of medical probability.
• Significant and permanent scarring or disfigurement.
• Death.

Our Fort Lauderdale car accident lawyers can determine if you meet this threshold. For a deeper dive, see this explanation of PIP insurance and learn more about vehicle accidents.

The Statute of Limitations: Your Deadline to File a Lawsuit

The “statute of limitations” is a strict deadline for filing a lawsuit. If you miss it, you lose your right to seek compensation forever.

Note a recent change in Florida law:

• For accidents on or after March 24, 2023, you have two years to file a lawsuit.
• For accidents before this date, a four-year deadline may apply, but it’s critical to consult an attorney to confirm.

For wrongful death claims, the deadline is also two years from the date of death. Don’t let these deadlines pass. Review the specifics under Florida Statutes § 95.11 on the statute of limitations.

How Florida’s Comparative Negligence Rule Affects Your Claim

Florida’s comparative negligence rule determines how compensation is awarded when both drivers share fault for an accident.

As of March 24, 2023, Florida follows a modified comparative negligence system:

• If you are found to be more than 50% at fault, you are barred from recovering any damages.
• If you are 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if you were 20% at fault for a $100,000 claim, you could recover $80,000.

This 51% bar makes it even more critical to have an experienced Fort Lauderdale car accident lawyer fight back against insurance company tactics that try to shift blame onto you to avoid paying. Learn more about navigating claims under Florida personal injury law.

Why You Need an Experienced Fort Lauderdale Car Accident Lawyer

After a car accident, you face injuries, medical bills, and aggressive insurance adjusters. A dedicated Fort Lauderdale car accident lawyer is your most powerful advocate in this difficult time.

Proving Liability and Fighting for Your Rights

Proving the other driver was at fault is crucial. Our attorneys are skilled investigators who gather the evidence needed to legally establish negligence and build a strong case.

To prove liability, we establish four elements:

1. Duty: The other driver owed you a duty to drive safely.
2. Breach of Duty: The driver violated that duty through a negligent act (e.g., speeding, texting).
3. Causation: The driver’s breach directly caused the accident and your injuries.
4. Damages: You suffered losses as a result.

We build your case using evidence such as:

• Police Reports: The official account of the accident.
• Eyewitness Testimony: Invaluable statements from third-party observers.
• Photos and Videos: Visual proof of the scene, damage, and injuries.
• Accident Reconstruction: Expert analysis to determine how the crash occurred.
• Medical Records: Proof of the extent and cost of your injuries.
• Phone Records: Evidence of distracted driving.
• Traffic Camera Footage: Video evidence from nearby cameras.

Learn more about our investigation services.

Maximizing Your Settlement and Dealing with Insurance Companies

Insurance companies prioritize profits and often make lowball settlement offers. A Fort Lauderdale car accident lawyer levels the playing field. Statistics show that clients with a personal injury lawyer receive, on average, 3.5 times higher payouts. We know the adjusters’ tactics and we fight back.

Our approach includes:

• Expert Negotiation: We handle all communication with insurers, protecting you from their tactics and negotiating for maximum compensation.
• Accurate Case Valuation: We calculate the full value of your claim, including future damages, to ensure you don’t settle for less.
• Fighting Lowball Offers: We reject unfair offers and use compelling evidence to demand the compensation you deserve.
• Litigation Readiness: We are always prepared for trial. This readiness often convinces insurers to offer a fair settlement.

We are committed to ensuring we fight in court for you if that’s what it takes.

How a Fort Lauderdale Car accident Lawyer Charges for Services

Worried about legal fees? We work on a contingency fee basis, so you have no upfront costs.

• No Upfront Costs: You pay nothing out of pocket. We cover all case expenses.
• “No Win, No Fee” Promise: We only get paid if we win your case. If you don’t receive compensation, you owe us nothing.
• Percentage of Settlement: Our fee is a pre-agreed percentage of your settlement or award. Our goal is the same as yours: to maximize your recovery.
• Free Initial Consultation: We offer a free, no-obligation consultation to discuss your case and explain your legal options.

Don’t let financial worries stop you from seeking justice. Get a free consultation today.

Calculating Your Claim: Damages You Can Recover

If you were injured by a negligent driver, you can seek compensation for various damages. These are divided into economic and non-economic categories.

Economic Damages: Recovering Your Financial Losses

Economic damages are your tangible financial losses from the accident. Our Fort Lauderdale car accident lawyers ensure every cost is documented and claimed.

These include:

• Medical Expenses: All past, present, and future medical care, from ambulance rides to rehabilitation.
• Lost Wages: Income lost while you were unable to work.
• Loss of Future Earning Capacity: Future income lost due to long-term disability or inability to return to your previous job.
• Property Damage: Costs to repair or replace your vehicle and any damaged personal property.
• Rehabilitation Costs: Expenses for vocational training, assistive devices, and necessary home modifications.

For severe injuries, our expertise extends to complex catastrophic injury claims.

Non-Economic Damages: Compensation for Your Suffering

Non-economic damages compensate you for the intangible, personal toll the accident has taken on your life.

These can include:

• Pain and Suffering: Compensation for your past and future physical pain.
• Emotional Distress: Damages for anxiety, depression, PTSD, and other psychological trauma.
• Loss of Enjoyment of Life: Compensation for the inability to enjoy hobbies and daily activities.
• Permanent Disability: Damages for permanent impairment of a bodily function.
• Scarring and Disfigurement: Compensation for permanent scars or changes to your appearance.

Valuing these damages is complex. Our experienced Fort Lauderdale car accident lawyers know how to quantify these losses to secure fair compensation. This is especially true for devastating non-economic losses from traumatic brain injuries. Find more about brain injury claims.

Wrongful Death Claims in Fort Lauderdale

If a car accident tragically results in a death, Florida law allows surviving family members to file a wrongful death lawsuit for justice and financial stability.

• Who Can File: A personal representative of the deceased’s estate files the claim on behalf of surviving family members.
• Recoverable Damages: While no money can replace a loved one, a claim can ease financial burdens. Damages may include:
  • Medical costs incurred before death.
  • Funeral and burial expenses.
  • Lost support and services.
  • Loss of companionship, instruction, and guidance.
  • Pain and suffering of the survivors.
  • Loss of the deceased’s future income.

The statute of limitations for wrongful death claims is two years from the date of death. Our compassionate Fort Lauderdale car accident lawyers can guide your family through this difficult process. You can find the legal framework under the Florida wrongful death statute. For dedicated support, consult with our wrongful death attorneys.

Frequently Asked Questions about Fort Lauderdale Car Accidents

Here are answers to some common questions our car accident clients ask.

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

Fort Lauderdale’s busy roads lead to several common accident types:

• Rear-End Collisions: Common in traffic and at intersections, often due to distraction or tailgating.
• T-Bone Accidents (Side-Impact): Occur at intersections when a driver runs a red light or fails to yield.
• Head-On Crashes: Less common but often the most severe, caused by drunk or distracted driving or swerving into oncoming traffic.
• Hit-and-Run Accidents: Frustratingly common, with 12,241 hit-and-runs in Broward County in 2023.
• Drunk Driving Crashes: Impaired driving remains a serious problem, causing numerous injuries and deaths.
• Distracted Driving Accidents: A leading cause of collisions, often involving smartphones. Our Fort Lauderdale distracted driving lawyer team has extensive experience with these cases.
• Accidents on Major Roadways: High-traffic areas like I-95, US-1 (Federal Highway), Las Olas Boulevard, and A1A are common accident hotspots. Dangerous intersections include those along Sunrise Boulevard, Oakland Park Boulevard, and Commercial Boulevard.

How long does it take to resolve a car accident case?

The timeline for a car accident case varies depending on several factors:

• Case Complexity: Simple cases resolve faster than complex ones with disputed fault or severe injuries.
• Injury Severity: We advise waiting until you reach maximum medical improvement (MMI) to ensure all future medical needs are included in your settlement.
• Settlement vs. Trial: Settling out of court is faster, but if a fair offer isn’t made, a trial may be necessary, which can extend the timeline by a year or more.
• Insurance Company Tactics: While Florida law sets a 90-day deadline for insurers to process claims, complex negotiations can extend the overall case timeline. See the state law on claim processing for details.

Our priority is always to secure full and fair compensation, even if it takes longer.

What evidence is most important for my claim?

Compelling evidence is the key to a strong claim. The most crucial items include:

• Police Report
• Medical Records and Bills
• Photos and Videos (from the scene and of injuries)
• Eyewitness Statements
• Expert Testimony (accident reconstruction, medical experts)
• Proof of Lost Wages (pay stubs, employment records)

Our Fort Lauderdale car accident lawyers excel at gathering, organizing, and presenting this evidence to build an irrefutable case on your behalf.

Conclusion: Your Path to Justice Starts with DiStefano Law LLC

Recovering from a car accident in Fort Lauderdale is challenging. You face medical bills, financial strain, and complex legal problems. With Florida’s difficult laws and aggressive insurance companies, expert legal guidance is essential.

For over 40 years, DiStefano Law LLC has provided personalized, compassionate, and successful representation to clients in Fort Lauderdale, Boca Raton, and throughout South Florida. We understand the toll an accident takes and are committed to fighting for the compensation you deserve, so you can focus on healing.

Don’t let the stress overwhelm you. Your path to justice begins with a simple conversation. Contact us for a free, no-obligation consultation today to put our experience to work for you. To learn more, see our automobile accident practice area.