My Brakes Went Out and I Crashed – Who's Responsible in FL?

My Brakes Went Out and I Crashed – Who’s Responsible in FL?

by Auto AccidentsPersonal InjuryPersonal Injury Claims

 

This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone.

However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t chalk it up to user failure until you speak with an attorney.

Keep reading to know what to do after this type of crash and who you may be able to hold responsible.

Potentially Liable Parties in a Florida Car Crash Where Brakes Fail

You. Okay, we know we said you shouldn’t jump to this conclusion – and you shouldn’t. However, you do have to consider the possibility.

If you neglected maintenance on your car or did work on the vehicle yourself, there’s a good chance that you are the one who is going to be found responsible.

Don’t panic yet, though. There are other possibilities.

Car manufacturer. This is probably the potentially responsible party that will occur to you first. After all, it’s possible that the actual brake part was defective.  If this is true, you may be able to file a product liability case. A skilled injury attorney will be able to look at the facts and tell you whether they believe you have a strong case to hold the car manufacturer liable for your injuries.

Part seller or manufacturer. Even if you did the work yourself, it’s possible that you could have been working with a defective part you bought from the parts store. In this case, the responsible party could be the seller or the company that manufactured the part and sold it to them.

Auto mechanic. Another possibility exists with your car mechanic. Let’s say you recently got work done on your car. If the car mechanic either did not install a part correctly, or failed to do a complete inspection, the mechanic could be named in a lawsuit.

Of course, knowing who can potentially be held liable is just the first step. In order to actually win a case against them in court and get the compensation you deserve, there are a number of things that you will need to do.

What to Do After a Florida Car Crash

Regardless of who or what caused your crash, it’s vital that you seek medical care as soon as possible following your crash. Some serious injuries do not show up right away, and this is the best way to verify you’re okay – or at least catch things before they get worse.

Additionally, your medical record will be a crucial piece of evidence if you need to file a personal injury claim.

Be sure to consult with a Florida injury attorney soon after your car crash. In Florida, you have four years to file a case from the accident date. If you miss that deadline, you cannot gain compensation.

What If Florida Courts Find That You Are Partially Responsible?

Due to the laws in Florida, your compensation amount will be adjusted according to the pure comparative negligence rule. If you are at least partially responsible for the accident, your compensation will be adjusted by your percentage of fault.

For example, if your mechanic failed to complete an inspection on the brakes, but you were a distracted driver at the time of the accident, you may be deemed 30 percent at fault for the accident. In other words, if you are awarded $100,000 in compensation, if you are found 30 percent responsible, you’ll only receive $70,000 of that award.

South Florida Car Accident Claims

 Still, if you’re in an accident where you get hurt and accrue medical bills, even partial compensation is going to be well worth it.

 

 

 

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Do I Have a Personal Injury Lawsuit?

by Personal InjuryPersonal Injury Law Suit

 

Have you recently been injured on another’s property or because someone else made a mistake? Are wondering if you have a personal injury case on your hands?

 

There are a variety of situations that may seem like viable personal injury claims, but it’s not always clear whether or not you really have a case. How do you know? The only way to know for sure is to seek counsel from an experienced personal injury attorney. By going over the specific details of your case, he or she will be able to let you know if you are likely to win a claim and what options are available to you.

 

What are some things that you will want to be ready to talk about when you meet with an injury lawyer?

 

Circumstances Surrounding Your Injury.


When you’re injured, it’s often hard to recall the exact events. But in order for an accident attorney to advise you accurate, he or she will need to know what happened and who or what was involved. Did another driver run a red light and hit you? Was the light out when you fell down the stairs?

 

In any personal case, you must be able to prove that your injury was a direct result of someone else’s carelessness, neglect, or failure to inform you of a particular risk. This applies in car or boat accidents, slips and falls, injuries in someone’s business or home, dog bites, you name it. If you were not made aware of the risks to your safety or someone acted in a way that placed you in danger, you most likely have a case.

 

Your knowledge of the danger and your actions.

Keep in mind, however, that Florida courts will often take into account your involvement in the negligence, and will deduct a certain amount from the damages awarded to you if you are deemed to be partially responsible. Let’s say, for example, you are ruled to be 30% at fault for slipping on someone’s floor because you knew it was wet. That means the property owner is 70% responsible for paying any damage awarded to you. If you win $10,000 in compensation, you would receive that amount minus 30% — or, in simpler terms, you’d get $7,000.

 

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What You Did after Your Injury.


If you are in an accident, the first thing that you should do is seek medical help. Even if it doesn’t seem like your injuries are very serious. You should do this for a couple of reasons.

 

The first is for your own health – injuries sustained in accidents aren’t always obvious at first, and by waiting you can make the problem worse. The second reason to get medical help quickly is because waiting can be used against you. In certain situations, you are legally obligated to seek help within a certain time period or you forfeit your ability to file a claim. For example, if you are involved in an automotive accident, you have to get checked out by a doctor no more than 2 weeks after the incident or you lose your chance to get compensation. Beyond this, not having yourself checked out quickly allows the defense to call your claim into question. Maybe your current problems aren’t really due to the incident. Maybe (as mentioned above) waiting made the issue worse – and more costly! There are a number of different arguments the defense can use against you if you don’t seek out prompt medical treatment.

 

How Long It Has Been.

Our state says that you have four years from the date of the incident to file a personal injury lawsuit. For claims against the government – state, city, or county – the statute of limitations is three years. And, of course, there’s the specific law mentioned above that prevents you from being compensated in a car accident if you don’t see a doctor within two weeks.

 

If you have missed out on any of these deadlines that pertain to your particular situation, you may not be able to file a claim.

 

How Much You Are Expecting.

For the most part, Florida law doesn’t place limits on the amount of damages you can receive when you are injured due to someone else’s negligence. However, if you are bringing forth a malpractice suit against a medical practitioner, or if you are seeking punitive damages against someone, those do come with strict caps.

 

This information doesn’t necessarily tell you whether or not you have a valid lawsuit, but it is good to know going in that there are limits in specific cases and for particular types of damages.

 

 Contact a Florida Slip and Fall Lawyer. 

Contact a lawyer immediately after a slip and fall accident, regardless of the severity of your injuries. You only have a brief window of time to file a slip and fall claim, so it’s a good idea to give yourself plenty of time to pursue a settlement.

Your slip and fall attorney will be able to help you take action immediately by reviewing your case, listening to your side of the story, explaining your options, and helping you to investigate your case. With an experienced personal injury lawyer on your side, you will be in the best position possible to obtain fair and just compensation for to cover the cost of recovery, as well as hold the responsible party accountable and force them to change their ways

 

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Can a Passenger Sue the Driver After an Accident in South Florida?

by Auto Accidents

If you’ve been injured as a passenger in a car accident in South Florida, you may be wondering about your legal options. Can you sue the driver of the vehicle you were in? The short answer is yes, but the specifics depend on the circumstances of the crash. At South Florida Injury Law Firm, we specialize in helping passengers navigate the complexities of personal injury claims in Coral Springs and throughout South Florida.  Here’s what you need to know.

Can a Passenger Sue the Driver After an Accident in South Florida? 1 Auto Accidents South Florida Injury Law Firm

 

Understanding Your Rights as a Passenger

As a passenger, you are typically considered an innocent party in a car accident. This means you have the right to seek compensation for your injuries, regardless of who was at fault. You may be able to file a claim against:

  1. The Driver of the Vehicle You Were In: If the driver was negligent (e.g., speeding, distracted driving, or driving under the influence), you can file a claim against their insurance policy.
  2. The Other Driver(s) Involved: If another driver caused the accident, you can pursue a claim against their insurance.
  3. Your Own Insurance Policy: In some cases, you may need to rely on your own uninsured/underinsured motorist coverage if the at-fault driver lacks sufficient insurance.

 

Can a Passenger Sue the Driver After an Accident in South Florida? 2 Auto Accidents South Florida Injury Law Firm

How South Florida Injury Law Firm Can Help

At South Florida Injury Law Firm, we understand how overwhelming it can be to deal with injuries, medical bills, and insurance companies after an accident. Our experienced team in Coral Springs is here to guide you through every step of the process, ensuring you receive the compensation you deserve.

Steps We Take to Protect Your Rights:

  1. Investigate the Accident: We gather evidence, including police reports, witness statements, and accident reconstruction, to determine liability.
  2. Handle Insurance Companies: Insurance adjusters often try to minimize payouts. We negotiate aggressively on your behalf to secure a fair settlement.
  3. Calculate Your Damages: We account for medical expenses, lost wages, pain and suffering, and other losses to ensure you’re fully compensated.
  4. File a Lawsuit if Necessary: If a fair settlement cannot be reached, we are prepared to take your case to court.

Common Challenges Passengers Face

While passengers have the right to sue, there are some challenges you may encounter:

  • Determining Liability: In multi-vehicle accidents, it can be difficult to determine who is at fault. Our team at South Florida Injury Law Firm has the expertise to analyze the evidence and identify all liable parties.
  • Insurance Limits: If the at-fault driver’s insurance policy has low limits, it may not cover all your damages. We can help you explore other options, such as filing a claim under your own policy.
  • Shared Fault Claims: In rare cases, the driver may try to argue that you contributed to the accident (e.g., by distracting them). We will vigorously defend your rights and ensure your voice is heard.

Why Choose South Florida Injury Law Firm?

When you’re recovering from an accident, you need a law firm that puts your needs first. At South Florida Injury Law Firm, we pride ourselves on providing personalized, compassionate legal representation to passengers and other accident victims in Coral Springs and across South Florida. Our team has a proven track record of securing maximum compensation for our clients, and we work on a contingency fee basis, meaning you don’t pay unless we win your case.

Contact Us Today

If you’ve been injured as a passenger in a car accident, don’t wait to seek legal help. The sooner you contact South Florida Injury Law Firm, the sooner we can start building your case. Call us today for a free consultation, and let us fight for the justice and compensation you deserve.

At South Florida Injury Law Firm, we’re here to help you navigate the road to recovery.

Top Reasons Not to Drive on New Year’s Eve in Florida

Top Reasons Not to Drive on New Year’s Eve in Florida

by Auto Accidents

You’ve probably heard the old superstition, “What you do at New Year’s is what you’ll be doing all year.”

Well, a recent study by SmartAsset (a financial website) finds Florida drivers rank among the worst. Factors contributing to the rank included insured driver statistics, DUI data, and average fatalities per miles driven. SafeAuto.com also reported that there are typically 71% more alcohol and drug-related crashes between 6p.m. and 6 a.m. over the New Year’s holiday than an average weekend night.

In other words, we’re experiencing more crashes among the worst drivers in the country on the night that – supposedly – sets the tone for the whole year. Yes, it’s superstition, but still…

It sounds like going out for New Year’s is more likely to land you more time in a South Florida auto accident attorney’s offices than you would probably like to spend.

In all seriousness, if that isn’t reason enough to stay off Florida roadways, here are five more great reasons not to drive on New Year’s Eve.

Reason 1: No Chance of Spending Your Money & Time on a DUI

If you are charged with a DUI under Florida law, even a first conviction could cost you up to $2,000 (or more in certain circumstances). You would have a far better experience using that money to treat yourself and that special someone to a night at a five-star hotel. As this article is being written, a King guest room at The Ritz-Carlton, Fort Lauderdale with a balcony overlooking the ocean will only set you back about half that max fine!

Besides fines, Florida DUI convictions carry a mandatory sentence of 50 hours community service, and probation for up to one year. Additionally, actual imprisonment and/or participation in a treatment program is not uncommon and left to the court’s discretion.

Your license will also be revoked for all of 2019. Something that will definitely put a damper on your New Year’s resolutions. 

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Reason 2: No Such Thing as Gridlock in Your Driveway

With multiple street closures, elevated foot traffic, impaired drivers, and the overall increase in activity and excitement, expect your drive time to and from the Downtown Countdown in Fort Lauderdale to crawl. If doesn’t matter if you volunteered to be designated driver or you have lined up a rideshare for a safe way home, either – your time in traffic will be virtually the same.

However, you can skip the hours in creeping traffic, the increased risk of involvement in a pedestrian-vehicle accident, and encounters with drunk drivers on the roadways outside of downtown altogether by keeping your car parked in your driveway.

Reason 3: Spending More Time with People You Really Care About

Let’s be honest – when you commit to a drive downtown for the New Year’s countdown, you know spending the evening with a few thousand strangers, being barely able to have a conversation with the people you came with, and drinking over-priced well drinks until midnight is part of the deal.

You are also probably well aware that your chances of spending the weeks following that celebration working with a Florida personal injury lawyer because of some unexpected fiasco or another are exponentially higher than if you’d only decided to host a house party with some of your favorite people.

Reason 4: You Create Way Better Drinks at Home Anyway

The average price of a cocktail – and not necessarily top shelf – is reported to be $11 in Ft. Lauderdale. On New Year’s Eve you can expect that to double to $22/glass. And the price of that champagne toast is a whole other story in itself.

On the flipside, your hand-crafted cocktails at home are certain to cost far less, have better quality ingredients, and likely have a better spirit/mix ratio. Additionally, if you are so inclined, you’re free to have more than one without worrying about breaking the bank or the law by driving under the influence.

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Reason 5: You Can Make the Evening (and the New Year) Exactly What You Want

When you decide not to drive on New Year’s Eve, you are shifting control away from outside influences and back into your own hands. There is no better way to ring in the new year than being worry-free and enjoying the last few hours of 2018 with your closest compadres for great conversation, top-shelf drinks, and more money in your pocket.

So, heed that old family adage, and consider playing it safe at the start of a brand-new year. Otherwise, one night of fun could cost you more than a hangover on New Year’s Day.

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Curtis Hixon park in Tampa, FL lit up for the holidays

The Relationship between Florida Electrical Injuries and the Holidays

by ElectrocutionHoliday Safety

 

The holidays are just around the corner, and many Floridians are looking forward to getting into the holiday spirit with colorful decorations and fun family activities. However, the holidays also carry an increased risk of many kinds of injuries.

On their own, holiday decorations are responsible for about 15,000 injuries annually. You probably know to avoid doing things like standing on chairs or desks to hang decorations, because this could lead to a slip and fall injury.

What you might not know, though, is that 5,000 of those holiday decoration injuries are due to electric shock. Light-up decorations may be damaged in storage, and many DIY holiday displays are a tangled mess of extension cords.

Below, we provide a guide on how to stay safe while enjoying the holiday season, discuss common types of electrical accidents and injuries and how to prevent them, and what to do in the event of an electrical accident or injury.

Florida Electrical Accidents and Injuries: What to Watch for This Season

Electrical and Christmas Tree Fires. Electrical fires caused by faulty wiring in holiday decorations are common, and electrical fires are the fourth leading cause of house fires in the US. Christmas tree fires, which are common when non-LED lights are used on natural trees, are substantially more injurious than other fires. These fires result in twice the injuries and five times the fatalities when compared to other housefires during the winter holiday season.

Electric Shock Injuries. About 5,000 people are treated annually for electric shock related to holiday decorations. Electric shock can lead to cardiac arrest, thermal burns, and muscle, nerve, and tissue damage. These injuries can be caused by frayed wires in decorations or extension cords, the use of electrical lights on metallic Christmas trees, and improper safety practices.

How to Prevent Electrical Accidents and Injuries This Holiday Season in Florida

Fortunately, electrical fires and injuries are largely preventable by taking appropriate safety precautions and making sure decorations, extension cords, and other electrical equipment is in good working order.

The following tips can help prevent electrical mishaps:

  • Check electric decorations, light strands, and extension cords for frayed wires, broken sockets, and loose connections. If decorations or extension cords are damaged, discard them. Never used damaged electric decorations.
  • Do not use metallic fixtures, for example staples, tacks, or nails, to hang electric decorations.
  • Do not connect any more than three strands of lights to an extension cord.
  • Never plug a power strip into another power strip, which could overload the electrical socket.
  • Use LED lights, which require less electricity and give off less heat, so are less likely to cause a fire.
  • Do not use electric lights on a metallic tree.
  • Only hang electric decorations in dry areas, and do not touch wiring if you are wet or standing in water.

What Floridians Should Do If an Electrical Accident Occurs

In the event of an electrical accident or injury, remain as calm as possible so that you can react appropriately and avoid further injury or damage.

Call 911 immediately for even a small electrical fire. Attempting to put it out yourself with water will only make the fire worse, and it could lead to severe burns or electrocution.

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If you have a fire extinguisher specifically for electrical fires, you may use it to extinguish a small fire. However, do not attempt to use another kind of fire extinguisher, which may also make the fire worse.

If someone incurs an electric shock injury, check for injuries and symptoms such as cardiac arrest, burns, loss of consciousness, and difficulty breathing. Before touching an electric shock victim, be sure to unplug all electrical wiring and turn off anything that may cause electric shock – the human body conducts electricity, so you could also be shocked.

The holidays are a very special time of year, but they are also associated with increased risk of injuries. Taking the appropriate safety precautions can ensure your family enjoys a safe and happy holiday season. Happy Holidays!

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

What Florida Parents Can Do to Keep Their Kids Safe over the HolidaysWhat Florida Parents Can Do to Keep Their Kids Safe over the Holidays

What Florida Parents Can Do to Keep Their Kids Safe over the Holidays

by Children Injuries & AccidentsHoliday Safety

No one wants to spend the holidays in the emergency room, but every year about 500,000 US families are forced to do just that because of child injuries.

Unfortunately, child accidents become much more common over the holidays, putting a damper on the season for Florida families, and potentially leading to serious – or even fatal – child injuries.

Why is that, and what can Florida parents to do keep kids safe?

Below, we’ve provided a guide that covers common causes of holiday accidents, and what parents can do to prevent them.

Everyday Mishaps Cause Most Florida Holiday Injuries

Statistics clearly show that more children are injured over the holidays. Interestingly, though, most injuries do not occur due to activities or objects unique to the holidays. Instead, the holidays lead to a dramatic uptick into everyday injuries such as scrapes, trips and falls.

Why?

The holiday environment is exciting for children, meaning that kids may not pay as much attention or be as careful as they otherwise would. Similarly, parental supervision is sometimes compromised during holiday events, as parents are often preoccupied by visiting with other guests.

Before the holidays begin, take some time to talk to your kids about safety guidelines, including any that are unique to specific events you’re attending. Also, always be sure to keep an eye on kids during holiday events.

Help Florida Kids Celebrate Safely

Child injuries are common at holiday parties and other festivities, but you can help make holiday events a safe place for kids by following these guidelines:

  • Designate an adult to watch the children. Consider hiring a babysitter for the evening. If the party is in your home, you can hire the babysitter to supervise child guests, allowing everyone to enjoy the party.
  • Make sure that guests safely dispose of dangerous objects such as cigarette butts, toothpicks, and beverage cans and bottles.
  • Holly and mistletoe are poisonous. Keep them out of the reach of small children.
  • In fact, hang decorations out of the reach of children in general.
  • Do not use flame-burning candles.
  • Keep guests’ coats and purses out of the reach of children. They may contain hazardous items such as prescription medication or choking hazards.

How Florida Parents Can Avoid Toy Injuries

Although product safety has dramatically improved over the years, toys still can and do cause injuries to children. It’s not enough to scour recall lists, either. Although defective products are responsible for some injuries, improper use causes most toy injuries.

In order to avoid toy injuries, we recommend the following guidelines:

Magnetic toys: If children swallow high-powered magnets, it can result in a life-threatening intestinal injury. Avoid high-powered magnet sets that do not meet Consumer Product Safety Commission standards.

Balloons: Children may choke or suffocate on deflated or popped balloons. Keep deflated balloons out of the reach of children, and dispose of broken balloons immediately.

Small toy parts: Small toy parts are a choking and ingestion hazard for young children. Avoid toys with small parts for children under three, and always follow toy age guidelines.

Riding or moving toys: These toys are inherently dangerous, as children can fall off and crash. If you’re considering gifting these items to a child other than your own, be sure to ask the parents’ permission first. Also, include proper safety gear as a part of the gift.

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Ultimately, what you need to remember is that while the holidays are a great time for children, they do carry an increased risk of child injuries. For Florida parents to keep their kids safe, they need to use careful supervision and take safety precautions ahead of time.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

thanksgiving driving south florida attorney lawyer_0000s_0002_happy-woman-riding-in-a-travel-van-with-her-boyfri-2023-11

Thanksgiving Travel in South Florida: A Busy and Risky Time

by Auto Accidents

As Thanksgiving approaches, Broward and Palm Beach counties come alive with families and friends eager to reunite and celebrate. This holiday is one of the busiest travel periods in the U.S., with many hitting the roads to enjoy festive gatherings. However, this surge in traffic also brings an increased risk of accidents. In this discussion, we’ll delve into the reasons behind the heightened dangers of Thanksgiving travel and share vital safety tips to keep you and your loved ones secure on the road.Whether you’re making a quick trip to a local gathering or embarking on a longer journey, being aware of potential hazards is crucial for ensuring everyone’s safety.If you find yourself in an unfortunate accident during the Thanksgiving holiday, it’s wise to consult with a skilled car accident attorney. The South Florida Injury Law Firm, is ready to assist you.

 

thanksgiving travel south florida

Understanding the Risks of Thanksgiving Travel

The statistics regarding Thanksgiving travel are quite alarming. The National Safety Council reports a notable increase in traffic accidents during this holiday weekend, with thousands of crashes and numerous fatalities occurring annually. The combination of heavy traffic, extended travel times, and unpredictable weather creates a perfect storm for accidents.

Impaired driving also plays a major role in Thanksgiving-related accidents. Many holiday gatherings involve alcohol, and “Blackout Wednesday” – the night before Thanksgiving – is notorious for increased bar activity, leading to more impaired drivers on the roads.

 

 

Factors Contributing to Increased Accidents

Several key elements elevate the risk of accidents during Thanksgiving:

  • Heavy Traffic: Millions of people travel during the holiday weekend, resulting in congested roads and a higher chance of collisions.
  • Fatigue: Long drives, especially late at night, can lead to drowsy driving, which impairs reaction times.
  • Weather Conditions: November weather in South Florida can be unpredictable, with rain and storms making driving more hazardous.
  • Distractions: Traveling with family can lead to distractions inside the vehicle, further increasing the risk of accidents.

Recognizing these factors is essential for safer travel during the holiday season.

 

 

Legal Considerations After an Accident

If you or someone you know is involved in a car accident during Thanksgiving, understanding your legal options is crucial. Familiarity with negligence laws can help determine fault and secure compensation.Types of Negligence in Car Accidents:

  1. Comparative Negligence: In states with these laws, each party can be assigned a percentage of fault, which affects compensation.
  2. Contributory Negligence: In some states, being even partially at fault can prevent you from recovering damages.
  3. Pure Negligence: Here, the at-fault party is fully responsible for the damages incurred.

Understanding the applicable negligence laws in Florida is vital, and consulting with a knowledgeable attorney can clarify your situation.

 

thanksgiving driving

Tips for Safe Thanksgiving Travel

While you can’t control the actions of other drivers, there are proactive steps you can take to enhance your safety:

  • Plan Your Route: Check for road closures or construction ahead of time to avoid delays and hazards.
  • Drive Defensively: Stay alert and maintain a safe distance from other vehicles, anticipating that not all drivers will be cautious.
  • Minimize Distractions: Keep your focus on the road and avoid using your phone or engaging in distracting activities.
  • Take Breaks: If you’re on a long drive, stop regularly to rest and recharge. Fatigue can severely impact your driving abilities.
  • Stay Sober: If you plan to drink, arrange for a designated driver or use a rideshare service to ensure everyone’s safety.

By following these guidelines, you can significantly reduce your risk of an accident and enjoy a safer Thanksgiving journey with your loved ones.

 

South Florida Injury Law Firm: Your Trusted Partner in the Pursuit of Justice

While Thanksgiving is a time for joy and togetherness, it’s crucial to remain vigilant on the roads. South Florida’s unique dynamics amplify the risks during this period, necessitating extra caution from all drivers. At South Florida Injury Law Firm, we stand ready to assist those affected by accidents, but our ultimate goal is to prevent these incidents from occurring in the first place.

This Thanksgiving, let’s prioritize safety and responsible driving, ensuring that the holiday remains a time of gratitude and warmth for everyone.

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for?

by Personal InjuryPersonal Injury ClaimsPersonal Injury Law Suit

 

If you have recently suffered a personal injury and are currently considering filing a claim, you are likely asking yourself whether the effort will be worth your time. Frankly, the answer to that question depends on what the incident has cost you.

In a personal injury case, when a judge or jury finds there is a person or company legally responsible for the incident, and subsequently, your injury, monetary damages can be awarded to you.

There are four general ways personal injury damages within a claim will be classified, and in this post, we will share information about each category and provide examples for each of them.

This is by no means an exhaustive list of examples within each category of damages, and an experienced Florida personal injury lawyer will be able to help you understand the best way for you to financially recover from your personal claim.

 

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for? 3 Auto Accidents South Florida Injury Law Firm

Economic or Special Damages

These are the actual costs of medical treatment, estimated future medical expenses, lost earnings, future lost earnings, property damage, or other out-of-pocket expenses.

The medical portion of damages should include every expense that the plaintiff has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be. These amounts alone can add up quickly, especially in cases in which a plaintiff has become permanently disabled and is in need of adaptive devices or lifelong nursing care.

Lost wages calculations will usually factor both work the plaintiff had to miss due to treatment (whether it was paid or unpaid time off) and work that will likely be missed in the future. Further, when a plaintiff has become permanently unable to work – or their capacity to work has been permanently reduced – lost wages over their lifetime may be calculated into the award.

 

Florida Personal Injury Claims: What Kinds of Damages Can You Sue for? 4 Auto Accidents South Florida Injury Law Firm

Non-economic or General Damages

These are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium (companionship of husband, wife, or partner), or loss of enjoyment of life.

Pain and Suffering is one form of general damages which juries tend to award generously. Often responsible parties (and their insurers) are inclined to offer a settlement to avoid this. During the settlement process, insurance companies typically employ a “pain multiplier” strategy in order to arrive at a fair and reasonable number which involves the total of actual financial losses multiplied by a number the insurer deems appropriate, usually between 1.5 and 5.

Emotional distress is often related to pain and suffering damages, but is usually a bit more difficult to prove. Psychiatric records and medical diagnoses of post traumatic stress disorder are a couple of ways you can provide evidence.

Loss of companionship or consortium is another one that can be tied closely to pain and suffering. These damages are sought when an injury has significantly altered the relationship between the victim and family member(s) or when a wrongful death has occurred, which means the complete loss of the relationship.

The previous two categories of damages are considered “compensatory” – or compensation for damages incurred through the case injury. But there are also two additional types of damages that are usually utilized by the courts to maximize the effects the proceedings may have on the defendant, specifically as it pertains to the deterrence of future similar actions.

Punitive Damages

These are specifically designed to punish the defendant for grossly negligent or particularly egregious actions, and are awarded at the discretion of the court. Often the judge wishes to make an example of the defendant, and feels compensatory damages aren’t enough to deter the offender or others from the same actions in the future. Another situation in which punitive damages may be awarded is if a judge does not believe that the other damages amount to a reasonable punishment.

Treble Damages

Treble damages are similar to the way an insurer might come to a settlement number, but these damages are determined by the court, as well. Under special circumstances, when the court rules in your favor, you may be awarded up to three times the amount of certain damages.

One scenario is that the offender must have knowingly and deliberately committed the acts. Another would be a case where the defendant violated the public good – excessive or repeated drunk driving charges which finally result in a fatality, for instance.

Fort Lauderdale Personal Injury Law Suit

Additionally, when a defendant explicitly requests this type of award up front in the initial lawsuit, and can clearly establish intentional malice, judges and juries will deliberate on the request very seriously. In most cases, treble damages are awarded when punitive damages are not involved in the suit.

 

 

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Avoid Frights: Halloween Night South Florida Driving Safety Tips

by Children Injuries & AccidentsHalloweenHoliday Safety

As Halloween approaches, the festive atmosphere is palpable. Costumes, parties, and trick-or-treating fill the air with excitement. However, there is a darker side to this holiday that we cannot overlook. The 2024 “Buzzed Driving is Drunk Driving” campaign, running from October 25 through 31, aims to highlight the severe consequences of impaired driving.

The statistics are sobering. In 2022 alone, 72 people lost their lives in traffic crashes on Halloween night, with nearly half of these tragedies involving alcohol-impaired drivers. Drunk driving isn’t just a personal choice—it’s a public danger that can have devastating impacts on families and communities.

From 2018 to 2022, 386 people died in Halloween night traffic incidents, with more than half of these victims being drunk at the time of the crash. The highest percentage of fatalities was among young adults aged 21-34, underscoring the need for targeted education and enforcement. These figures illustrate the pressing need for awareness and prevention to ensure that Halloween remains a night of fun rather than tragedy.

 

The Role of Legal Assistance in Times of Tragedy

At The South Florida Injury Law Firm, we understand the complexities and emotional toll of these incidents. Our team is dedicated to providing the support and legal expertise you need during such challenging times.

Being involved in an accident caused by an impaired driver can lead to serious physical, emotional, and financial consequences. Navigating insurance claims, medical bills, and potential legal battles can be overwhelming. This is where our legal expertise becomes invaluable. We are committed to helping you secure the compensation you deserve, ensuring that justice is served and that you can focus on your recovery.

Our firm has a proven track record of handling cases related to impaired driving incidents. We work tirelessly to gather evidence, build strong cases, and advocate for our clients’ rights. Our goal is to alleviate the burden on victims and their families, providing them with the legal support they need to move forward with their lives.

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Why Choosing the Right Legal Partner Matters

Choosing the right legal representation can make a significant difference in the outcome of your case. At The South Florida Injury Law Firm, we prioritize our clients’ needs and work diligently to achieve the best possible results.
Our experienced attorneys are well-versed in personal injury law and have a deep understanding of the challenges faced by victims of impaired driving accidents.

We offer personalized attention and compassionate support to each client, ensuring they feel heard and valued throughout the legal process. Our commitment to justice and our clients’ well-being sets us apart as a trusted partner in navigating the aftermath of a tragic incident.

 

Preventive Measures for a Safer Halloween

This Halloween, let’s commit to making safety a priority. If you plan on drinking, arrange for a sober ride home. Encourage friends and family to do the same. By taking these precautions, we can help reduce the risk of impaired driving accidents and protect our communities.

Education and awareness are key components in preventing tragedies. Share the message of the “Buzzed Driving is Drunk Driving” campaign with others and emphasize the importance of responsible behavior. Together, we can make a difference and save lives.

Avoid Frights: Halloween Night South Florida Driving Safety Tips 5 Auto Accidents South Florida Injury Law Firm

Halloween should be a time of joy and celebration, not sorrow and loss. By understanding the risks and taking proactive measures, we can ensure that this holiday remains safe for everyone. If you or a loved one has been affected by an impaired driving accident, The South Florida Injury Law Firm is here to provide the legal support and guidance you need.

Let’s make this Halloween a night of fun and safety, not tragedy. 

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Surviving South Florida Car Accidents: Hurricane Season Driving Tips

by Auto AccidentsParking Lot Accidents

Living in South Florida allows you to avoid the dangers of driving in the snow and ice that winter storms bring to northern regions of the country, but that does not mean you escape the driving risks caused by severe weather conditions. The National Oceanic and Atmospheric Administration anticipated an above-normal hurricane season,

Although typically associated with property damage and loss of life caused by powerful winds and flooding, the severe weather conditions hurricanes bring with them increase the risk of deaths and injuries for motorists who must drive in them. Adverse weather conditions cause, on average, more than 1.2 million motor vehicle crashes with 418,000 people injured and 5,000 fatalities.

Surprisingly, only a small percentage of vehicle crashes are due to snow, ice, and other weather conditions typically related to winter weather. The vast majority of vehicle accidents happen on wet pavements and during rainfall, such as you would commonly encounter when forced to drive during a hurricane.

The best, and probably safest, way to ride out hurricane season is by staying indoors and avoiding unnecessary travel. If you must drive during a hurricane, here are a few severe-weather driving tips to keep in mind that may help you reduce the risk of an accident. Because you cannot always account for the negligence of other motorists, there is a section explaining what you should do in case of an accident to keep yourself safe and protect your right to recover damages caused by the other driver.

Be mindful of the dangers of driving in a hurricane

It’s worth repeating: Keep off the roads during a hurricane. Even if the rain has stopped, the weakest hurricane, which is a category 1, generates maximum sustained winds of 74 to 95 mph. Winds of that strength can topple trees and snap large branches from trees that can block roads and cause accidents when your visibility is impaired by wind-driven rainfall.

If you must venture out, check the news and weather before leaving and pay particular attention to reports of road closures due to debris or flooding. Plan your route to avoid roads that are or may be closed and avoid driving on bridges where high winds and wet road surfaces could make it difficult to control your vehicle. The height of trucks, sport-utility vehicles, and vans make them susceptible to being affected by strong winds that could cause a rollover accident.

 

Surviving South Florida Car Accidents: Hurricane Season Driving Tips 6 Auto Accidents South Florida Injury Law Firm

Slow down and leave extra time to get to your destination

Driving at a slower speed than usual is essential during severe weather because rainfall and wet roads, combined with poor visibility, increase how long it takes to stop your car in an emergency. It takes longer for your car to come to a complete stop on a wet road than it does on one that is dry, so driving at a slower speed gives you more time to react when vehicles in front of you suddenly apply their brakes.

Do not drive on flooded roads

Avoid driving in areas where flood conditions exist. The movement of floodwaters can cause loss of control or cause your car to be swept away.

If a roadway is covered by standing water, resist the temptation to drive through it. Only proceed unless you know its depth and can see what’s beneath the surface. Standing water may conceal a washed-out road or debris that could damage your car.

Know what to do at intersections with inoperable traffic signals
Inoperable traffic signals are common during hurricane season. If you come to an intersection where the traffic signal is inoperable, come to a complete stop. Treat the intersection as you would one with a four-way stop sign.

A flashing yellow signal means to proceed with caution while yielding to vehicles entering from other directions. Unless there is a police officer present to direct traffic, use the utmost caution and be prepared to yield.

Get your vehicle ready for the hurricane season

Some of the items to have in your car for use in a hurricane season emergency include:

  • Flashlight and extra batteries
  • Road flares or reflectors
  • First aid kit
  • Cell phone and charger
  • Jumper cables
  • Drinking water and nonperishable snacks
  • Emergency blankets and rain ponchos

When stocking your car for the anticipated bad weather, check to make certain that your spare tire is properly inflated. Confirm that the tools you’ll need to change a flat tire are in the vehicle.

 

Surviving South Florida Car Accidents: Hurricane Season Driving Tips 7 Auto Accidents South Florida Injury Law Firm

What to do in case of a car accident during a hurricane

If your efforts to remain safe fail, here’s what to do at the scene of the accident. These tips will help avoid further injury and protect your right to recover compensation.

Check yourself and other occupants of your car for injuries. Moving around can make an injury worse. So, remain calm and check yourself and anyone else in your vehicle for injuries before attempting to exit the vehicle. Call 911 if anyone is injured or ask someone to do it for you.

Report the accident to the police. The law in Florida requires that you call the police if the accident causes anyone to be injured or killed or if there is property damage in excess of $500.

Remain at the scene. While waiting for police to arrive, do not stand in the road. Move to a sidewalk or behind a guardrail to be out of the way of passing vehicles.

Document the accident scene. If you are physically able to do it, use your phone to take photos of the accident scene. Get the name and contact information of all drivers, passengers, and witnesses. An easy way to do this is by taking a picture of the driver’s license of each person.

Get medical attention. Unless you are immediately taken by ambulance, arrange to be examined by your doctor. Schedule the appointment as soon as possible to have your injuries evaluated.

Contact a South Florida personal injury attorney. A personal injury attorney will explain your options for pursuing a claim for compensation. They can also help you to report the accident to your insurance company.

Avoid making statements to anyone other than police and emergency medical personnel. What you say can be used by the negligent party’s insurer to defend against your claim.

 

Surviving South Florida Car Accidents: Hurricane Season Driving Tips 8 Auto Accidents South Florida Injury Law Firm

Contact The South Florida Injury Law Firm

If you are injured in an accident, contact the South Florida Injury Law Firm and speak with one of our experienced  attorneys can provide advice and representation for pursuing a claim for damages against the party responsible for causing the crash. Talk to an attorney as soon after the crash as possible to preserve your right to recover compensation.