Hollywood Car Accident Attorney
A serious car accident can occur in a split second. In fact, auto accidents impact thousands of lives every day in the United States. Yet nearly all car accidents are preventable. The reality is that the negligence of other drivers, vehicle manufacturers, and other entities very often results in catastrophic accidents. If you or a family member suffered serious injuries in a car accident in Florida, contact our Hollywood car accident lawyers for a free legal consultation. The accident attorneys at Fischer Redavid PLLC can help hold the negligent party accountable and secure compensation for your injuries.
Car Accident Resources:
What Should I Do After a Car Accident?
- Stay on the scene. Make sure your car is pulled over safely to the side of the road. If your car is unable to move, stay in your car and do NOT get out if you are surrounded by moving traffic.
- Call the police. Whether you are injured or not, call the police to help you get to safety if needed and to file an official incident report. The police report will act as the first piece of evidence gathered for your case. They will also interview the other party and any witnesses on the scene. If you are injured, be sure to mention that to 911 so they can send an ambulance along with the police.
- Exchange information with the other driver. Be sure to get the other driver’s license, car registration, and insurance information. Take pictures of their documents to ensure complete accuracy.
- Gather evidence. Be sure to document the accident scene with plenty of photos. Take pictures of both cars, front and back, with as many different angles as possible. These will help you later if either party’s insurance company has disputes about the damage.
- File a claim with your insurance company. Once you’ve called the police, exchanged information, and gathered your own evidence, call your insurance company right away to report the accident. Do NOT admit fault to anyone, especially your insurance company. And if they ask you for a recorded statement, refrain from doing so until you’ve contacted an attorney; this disallows the insurance company from twisting your words.
- Contact a personal injury lawyer. An accident attorney will help you with a lot of important matters, such as investigating your accident and determining how much your case is worth. At Fischer Redavid PLLC, we’ll negotiate with insurance companies on your behalf and make sure you receive the compensation you deserve. Once you call us after a car accident, we’ll do all the legwork to make your situation stress-free and give you peace of mind while you recover.
How is Fault Proven After a Car Accident?
Florida is a no-fault insurance state. This means an insurance claim through one’s own company is often the only means of recovery available to car accident victims. To file a claim against another driver outside of the no-fault insurance system, a plaintiff must prove his/her injuries meet the requirements of “permanent injury”. Catastrophic, disabling, disfiguring, and fatal injuries obviously qualify, but most cases are not so clear. That’s part of the value of having the right personal injury attorney; to know how to argue the medicine or radiological findings to dispute permanency when the defense will say it isn’t there.
Furthermore, a plaintiff must prove the following four basic elements:
- The plaintiff must establish that the defendant owed him/her a duty of care at the time of the car accident. All drivers owe a duty to reasonably ensure the safety of other drivers while on the road.
- The plaintiff must prove that the defendant breached his/her duty of care. For example, drivers have a duty of care to obey Florida’s traffic laws. Speeding is an example of a breach of duty in this regard.
- The plaintiff must show the court that he or she suffered real, compensable damages as a result of the defendant’s negligence. Damages can be economic or non-economic losses stemming from the accident.
- Finally, the plaintiff must prove that his or her damages resulted from the defendant’s negligence and not some other cause. For example, the plaintiff might not have a claim against another driver if it was a defective auto part that actually caused the damages.
Count on our Hollywood car accident lawyers to help you with your burden of proof in civil claims. The attorneys at Fischer Redavid PLLC have years of practice proving clients’ claims and achieving results that exceed expectations. We do this by gathering evidence, strong cases to insurance companies, and taking claims to trial if that’s what it takes for maximum recovery.
Common Damages in Hollywood Car Accident Claims
In 2016, 395,785 auto accidents occurred in Florida. These crashes caused 254,155 injuries and 3,176 deaths. In every single one, drivers and passengers suffered some sort of damages.
Florida Car Accident Fatalities: 2007-2016
“Damages” refer to the losses you suffered in an auto accident as well as the financial award you could receive in a Hollywood personal injury lawsuit. The amount of compensation you receive for your damages depends upon the severity of the crash. The more extensive and catastrophic your losses, the more your case is worth. The types of damages you could receive for your claim include:
- Recovery for the intangible harm to the human being that was hurt. While we do aim to recover money for medical bills, property damage, lost wages, and the like, most of the medical money goes to doctors, property damage to body shops or car dealers, and lost wages, which don’t help make someone whole. We represent human beings and the injuries that harm them in ways we cannot see. Florida law allows you to recover money for inconvenience, such as missing work or having to take time away from your family to seek medical treatment. Florida law also allows money for pain, suffering, mental anguish, and the loss of the enjoyment of life. Your badly injured back means no more gardening on weekend, or no more tossing your kids in the air. Or perhaps your bad knee means no more pick-up basketball, or discomfort from standing for too long. The point is, once you’re injured, you need to make sure you get made whole.
- Recovery for medical bills. Common injuries in car accidents include broken bones, spinal injuries, traumatic brain injuries, lacerations, burns, and severe contusions. Severe injuries deserve significant financial compensation.
- Property damage. Property damage claims only arise in auto accident cases, and they are not within the personal injury realm. We handle them as a courtesy (free of charge) to clients, but they are aimed at the at-fault driver’s same policy but different coverage. Personal injury claims go through bodily injury coverage; property damage claims go through property damage coverage.
- Lost wages or future earning potential. It’s common to have to miss work while you heal from your car accident injuries. A claim could reimburse you for your lost income and lost earning capacity in the future.
- Punitive damages. These damages are designed to punish the at-fault party, not necessarily compensate the injured party for their damages. However, the money that is awarded does go to the injured party. In Florida, you cannot automatically ask for punitive damages. You have to seek leave of court and, even then, not every jury will award them. But in the right cases, our lawyers fight hard to get them. Punitive damages aretypically awarded in cases where a defendant’s behavior was grossly negligent or intentionally harmful to the plaintiff.
Why Hire Fischer Redavid LLC After a Car Accident?
- Experience. Our attorneys have significant experience handling both simple and complex car accident cases in Florida.
- Risk-free. We handle all cases on a contingency fee basis, meaning there is no cost to you unless we win.
- No out-of-pocket expenses. We advance all costs associated with your case, including filing fees, investigations, and hiring experts.
- Drive. We strive for the best possible outcome in every case.
- Reliable. We are a trusted voice for our clients and among the legal community — we will be there when you need us most.
Let us grant you peace of mind while you focus on recovering from your injuries. One of our experienced Hollywood car accident attorneys can handle all of the insurance interactions for you — a process which can be complex — as the other driver’s insurer will be looking out for their own financial interests by doing everything in their power to not pay you. Having an expert communicate with them can be critical for obtaining the compensation you are entitled to.
If you are treated unfairly or given a settlement offer that is lower than what you deserve, your case may need to be taken to trial. In this situation, it is highly recommended that you seek qualified representation to advocate for you. In preparation for trial, one of our seasoned Hollywood injury lawyers will investigate the facts surrounding your accident in order to obtain proof that the other party was liable. This can involve visiting the scene, obtaining accident reports, speaking with witnesses and the investigating police officers, as well as gathering all the documentation related to your injuries. We will also handle the hiring of and payment for experts that may be necessary to your case for providing evidence of fault.
Our personal injury attorneys have extensive knowledge of Florida statutes and case law, and will meet all filing deadlines in order to keep your case going.
Common Causes of Car Accidents in Hollywood, FL
Distracted Driving: There were nearly 4,000 accidents in Broward County last year caused by distracted driving. The use of a cellphone is a leading cause of distraction, whether it’s texting, phone calls, or using it for navigation. Other leading causes of distracted driving include friends, children, or pets that are in the car, eating and drinking, or changing the radio station.
Impaired Driving: Driving under the influence of drugs, even if they’re prescribed, or alcohol (0.08% or higher), is against the law. Being impaired while driving greatly increases the chance of a car accident due to a diminished ability to pay attention, make decisions, and react promptly.
Speeding: Speeding is a leading cause for accidents across the country.
Ignoring Traffic Signals: Vehicles running red lights or through stop signs puts everyone on the road at risk for an accident. Pay attention to traffic signals and signs, but also be aware of possible reckless drivers not stopping even when it is your turn to drive.
Bad Weather: Heavy rain, high winds, and especially hurricanes result in limited visibility and can cause a car to move unpredictably.
Falling Asleep: Avoid the risk of falling falling asleep behind the wheel by pulling off when you start to feel drowsy. A sleepy driver will have delayed reaction times and a limited ability to pay attention and make decisions.
Animals: Animals on the roadways put drivers at risk in Florida. An accident can occur when a vehicle may not be able to stop in time when an animal runs out onto the road. Or, if a vehicle must swerve to avoid it but ends up hitting another car, or is even run off the road. Some animals to look out for in Florida include deer, alligators, raccoons, bears, and possums.
Car Accident Injuries
Injuries from a car accident can vary in severity, from inconvenient to debilitating to fatal. Some common car accident injuries include:
- Neck Injuries. The sudden impact of a car crash can cause a person’s head to forcefully move back and forth, resulting in whiplash or neck strain.
- Back and Spinal Cord Injuries. The lower back is the most commonly affected area when the back gets injured in a car crash. Mild strains and slipped or herniated discs may occur and cause discomfort. More serious injuries can damage the spinal cord and destroy nerve cells, leading to chronic pain and the loss of mobility, feeling, and/or function.
- Head Injuries. They can range from mild concussions to traumatic brain injuries (TBI). Symptoms may appear with no external signs of damage or serious lacerations could occur that cause the brain tissue to be pierced.
- Facial Injuries. Cuts, scrapes, broken teeth, or even face deformations can occur. Broken glass, airbags, and hitting the steering wheel or the dashboard can all cause these types of injuries.
- Internal Injuries. Organs such as the heart, lungs, bowels, kidneys, or liver could be wounded from the impact. These injuries are critical and possibly fatal, requiring immediate medical treatment.
- Psychological Injuries. A car accident can be mentally traumatizing in addition to physically. A person may experience emotional distress, anxiety, depression, or post-traumatic stress disorder (PTSD) after the event.
Who is Going to Pay to Fix My Car After an Accident?
If you were involved in a car accident due to the fault of another, then that driver is liable for paying to fix your car. Most often, the at-fault driver will have car insurance that will pay for the damage. You may also choose to go through your own insurance company instead — you would just have to pay the deductible. The deductible can then be recuperated from the other driver’s insurance company, which typically your insurer can obtain for you.
If the responsible driver does not have insurance then you may file a claim with your insurance company. They will pay to fix your car no matter who was at-fault as long as you have collision coverage. If you are unable to go through your insurer due to only having liability coverage, then you have the right to go after the responsible party for payment. This process may be difficult though, because not having insurance could indicate that they do not have the means to pay to repair your vehicle.
To learn more about the potential value of your car accident claim and how Fischer Redavid PLLC can help, call our Hollywood car accident attorneys at (954) 860-8434 for a free consultation. We use aggressive strategies to get the best possible results for each and every client.
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