This is often a critical first step because actuaries, who are experts in mathematics, statistics, and financial theory, can help us get a better sense of the actual economic loss involved in a case. That reduces the uncertainty when it comes to personal injury settlement negotiations.

The vast majority of Fort Lauderdale personal injury cases are resolved through negotiation with insurers and defendants (as opposed to a trial or even litigation). Before we issue a demand letter or even consider a settlement offer from the other side, we need to know the full extent of your losses.

That might seem simple. As your attorney, we may have a pretty accurate ballpark estimate just from our years of experience in practicing personal injury law. But we’re not just tallying the actual wages you’ve already lost and bills you already owe. We want to know how this incident is going to continue to impact you professionally, financially, physically, mentally, and emotionally – for years to come. Only then can we confidently request or accept a settlement offer.

A common method to determine these kind of damages is called the “multiplier-multiplicand method” or the “courts method.” Basically, we’re looking at the amount of estimated annual loss, multiplied by the number of years that loss is expected to continue. Accuracy is important in these calculations, but without guidance from someone with expertise in finance and risk assessment, these kinds of forecasts can be somewhat subjective and even inaccurate. This is especially true in cases with complex, serious injuries.

This is where actuaries come in. Actuaries analyze the financial costs of risk and uncertainty. They’re usually employed by the insurance companies, but their services can be valuable in Fort Lauderdale personal injury cases as well.

As noted in an academic analysis published in the Vance Journal, actuaries increasingly serve as consultants in a personal injury case, and can actually be called upon as expert witnesses. In this role, they provide information that helps quantify the monetary damages in personal injury cases. They factor not just the actual bills, but incorporate occupation-specific factors, education achievements, age, region, and the impact of one’s disability on their daily life.

Hiring an actuary early on also demonstrates to the defense that you are acting in good faith during the negotiation process. Actuaries have their own professional standards and ethics, and their conclusions about claim valuations are going to be well-supported with strong data. A compelling actuary report also shows the insurers/defense that you have a strong case that could be won in court – if they refuse to pay what you are reasonably owed during the settlement negotiation process. Also, when attorneys

So while hiring an actuary for a Fort Lauderdale personal injury case is certainly an expense, it’s one that yields substantial returns because their research can often facilitate faster, fairer resolution.

Actuaries may not be required for every case, but they’re often beneficial in serious injury cases stemming from car accidents, dangerous property, dangerous products, and medical malpractice. If you are injured in Fort Lauderdale, our dedicated personal injury lawyers provide free initial consultations.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward County.

Additional Resources:

SETTLEMENT OFFERS AND PERSONAL INJURY: IDENTIFYING THE BREAK-EVEN OFFER, Feb. 2000, By jerry Reiss and Richard Ryles, Florida Bar Journal

More Blog Entries:

“Can I File a Fort Lauderdale Personal Injury Lawsuit Even If It Was Partly My Fault?”, May 6, 2024, Fort Lauderdale Personal Injury Lawyer Blog

They may not be equally at-fault. But as a Fort Lauderdale personal injury lawyer can explain, the fact that an injured party was partly responsible for a crash does not bar them from seeking compensation from the other party, at least not in Florida. That’s thanks to a doctrine known as comparative fault.

Broadly, comparative fault (also called comparative negligence or contributory negligence) is a partial legal defense that can reduce the amount of monetary damages a plaintiff can recover in a negligence-based claim. It’s based on the degree to which the plaintiff’s own fault, negligence, or wrongdoing contributed to cause the injury or exacerbate it.

For example, if Person A runs a red light and causes a crash that injures Person B, the latter has a legitimate claim against the former. This is true even if Person B also happened to be speeding at the time of the crash, thereby making their injuries more severe than they might have been otherwise. In this situation, a jury may find that Person A was 80% at fault and Person B was 20% at fault. If the total damages were $100,000, then Person B’s total damages would be reduced according to their own fault – so by 20%. That means the most they could recover in that scenario would be $80,000.

Florida has been a pure comparative fault state since 1973. That meant that even if you were 99% at fault for the injury you sustained, you could still pursue legal action against the other person for their 1% of fault.

However, that changed in March 2023, with updates to F.S. 768.81, Florida’s comparative fault law. The statute was changed to say that if you are 51% or more responsible for your own injuries, then you cannot recover any damages at all. However, you could be 50% at fault and still recover the other 50% from other at-fault parties.

There are a few states where evidence of any comparative fault will eliminate a plaintiff’s claim to monetary damages in a personal injury case. But even despite this new law change, Florida isn’t one of them. We now adhere to what is called “modified comparative fault with a 51% bar.” This is the most common comparative fault standard in the country, though some states set the bar at 50% instead of 51%.

Comparative fault was always a concerning affirmative defense in Florida, but that’s now more true than ever. A finding of comparative fault now not only risks a reduced damage award – but loss of the case altogether.

It’s worth noting that you should not presume that you will be found comparatively negligent until you talk to a personal injury lawyer. The court may look at the series of events differently than you. It’s possible an accident reconstruction will show the crash happened slightly differently than how you are remembering OR that your presumed fault played only a small part in the outcome.

This is also why you should never apologize at an accident scene. Even if you are genuinely sorry they are hurt, you don’t want your words to be misconstrued as an admission of negligence on your part.

If you are hurt in a car accident in Fort Lauderdale, our Broward personal injury lawyers can examine the facts of your case, determine if you have a viable claim, and help you navigate the claims/litigation process.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

F.S. 768.81, Comparative Fault

More Blog Entries:

Broward Injury Lawyer on Car Accident Dangerous Instrumentality Doctrine, Dec. 8, 2024, Fort Lauderdale Car Accident Attorney Blog

The legal process is vexing for most people. A Fort Lauderdale personal injury lawsuit is no different – especially because you’re navigating it all after just emerging from a traumatic incident such as a car accident, medical malpractice, or hazardous conditions/violence on someone else’s property.

Most people aren’t experts on insurance coverage, liability, and the rules of litigation. And hopefully, this is the only time you’ll ever have to go through it. But knowing the steps of how the Florida personal injury claims process works can help ease some anxiety about what to expect. Your personal injury lawyer – who is not paid upfront, or at all unless you win – can break it down even more clearly based on the facts of your case.

If you’re asking, “What are the steps of a Florida personal injury lawsuit?” We have answers.

“It Depends”

Everyone hates this lawyerly answer.

But we must start with it as a caveat because the steps of your Fort Lauderdale personal injury lawsuit depend on a few factors. A Broward medical malpractice injury lawsuit is going to be much more involved and have many more steps compared to a Broward car accident lawsuit.

What we can say is that regardless of the type of injury claim you’re filing, it can be settled at any time (as opposed to going to court). In some cases, it’s not even necessary to file a lawsuit to get a fair settlement. Defendants that recognize their wrongdoing right out of the gate may be eager to put it behind them. And insurers also have a duty to act in good faith, meaning there is some incentive to settle solid claims quickly and fairly. Working with a skilled personal injury lawyer is the best way to facilitate a fast and fair Florida personal injury settlement.

Basic Steps of a Florida Injury Lawsuit

While the steps may vary slightly depending on the specifics of your case, claimants in Fort Lauderdale personal injury lawsuits can generally expect the following:

• Investigation
• Pre-suit demand and settlement negotiation
• Filing the lawsuit
• Discovery
• Trial
• Appeal/post-trial motions

Settlements, which is how 95% of injury claims are resolved, are often ideal because they minimize litigation (lawsuit) costs. Again, a claim can be settled at any point. We could be in the middle of trial, and the claim could be settled.

The key is to ensure the claim is reasonable. Accept a low-ball offer, and you’ll be stuck with it – even if your actual losses end up being much higher. Reject a fair offer, and you could end up reducing your payout if the verdict at trial ends up being within 25% of that offer. A Fort Lauderdale personal injury lawyer can help you figure out what’s fair and what isn’t.

Investigation

The first step in any Florida injury case is investigation.

After the consultation and agreement to accept your case, your injury lawyer will want to review your medical records, witness statements, accident/incident reports, insurance policies, surveillance footage, etc. (If you can bring this to your first meeting with your attorney, even better. Reduces your overall attorney fees.)

Investigation allows us to assess liability (who was at fault), damages (how much you should be paid), and insurance (who is going to pay).

Pre-Suit Demand and Settlement Negotiation

Once we’ve gathered and reviewed all relevant information, we’ll bring our recommendation to the client about whether we should advance with a claim and if so, for how much. Once the client agrees, we submit these demands to relevant insurers or other parties. They have a certain amount of time to respond. The insurer may counter our offer. They may reject it outright. Or they may pay it.

If they reject or counter the offer, this kicks off the settlement negotiation phase.

Filing the Lawsuit

If the claim isn’t resolved in a timely and fair manner through this negotiation, then we file a lawsuit.

Discovery

Discovery is an initial phase of litigation (the process of a court handling your case). Lawyers from both sides get to review all the records, request the other side produce whatever evidence it has, question witnesses, discuss the case with experts, request independent medical exams, etc.

This gives everyone involved a clearer picture of what’s going to be presented at trial. That can compel the other side to settle – or gear up for a fight in court.

Mediation may be done after discovery/before trial – with the goal of hopefully reaching a settlement without the need for trial.

Trial.

It’s rare a case actually goes to trial. However, sometimes we have no choice if the defendant/their insurer refuses a reasonable settlement.

Cases get presented to a jury, witnesses are called to testify, evidence is presented, and the judge oversees the proceedings and makes sure the law is followed. The jury has the last word.

Appeal/Post-Trial Motions.

About that last word – it might not actually be the last word. Because there’s still a chance for post-trial motions and appeals. If one side thinks the procedure was unfair or the law wasn’t followed as it should have been, they can ask the trial court to reconsider in a post-trial motion. If that fails, they can proceed with an appeal.

Call a Fort Lauderdale Personal Injury Lawyer

Note that this step-by-step plan is just a guide. Your circumstances may mean things go a bit differently. Working with an experienced personal injury attorney helps ensure you are informed every step of the way.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

F.S. 627.736

Personal Injury – The Florida Bar

More Blog Entries:

3 Ways Florida Child Injury Lawsuits Are Different From Adult Filings, March 4, 2024, Fort Lauderdale Personal Injury Lawyer Blog

As our Fort Lauderale personal injury lawyers can explain, many underlying legal principles, causes of action and deadlines are the same. But when a victim is a minor, there may be some special considerations and extensions.

Here, we detail three ways that Florida child injury lawsuits may be different than adult personal injury filings.

1. Statute of Limitations for Child Injuries in Florida

more

For the most part, the statute of limitations (the window of time during which one has the right to file legal action) for child injury claims is the same as it is for adults. F.S. 95.11 gives claimants up to two years to file claims founded in negligence (which are most personal injury claims), medical malpractice, and wrongful death. (It used to be four years. If the incident occurred on or before March 24, 2023, you may still have up to four years to file. But it’s best not to wait, if you can.)

This is a pretty hard deadline. However, some circumstances will give rise to a pausing or “tolling” of the statute of limitations. One of those special circumstances is when a person under the age of 18 is the one who was injured. F.S. 95.051(i) allows up to 7 years from the “cause of action” (usually the date of the accident or wrongdoing). However, this exception only applies if the child’s parent, guardian or guardian ad litem:

• Does not exist.
• Has in interest that is adverse to that of the child.
• Has been deemed incapacitated to sue by a court.

These are fairly narrow exceptions. For the most part, the statute of limitations for Florida child injury claims will still be 2 years unless some other exception (fraud, concealment, etc.) applies.

Another possible extension might be found under the statute of repose discovery rule. This is primarily going to apply to birth injury lawsuits, wherein the effect of negligence or its cause is not apparent until much later. While the statute of repose for most medical malpractice cases is up to 4 years, it can be up to 8 years (no later than the child’s 8th birthday) for birth injury claims.

2. Minors Cannot File an Injury Lawsuit or Claim

A child who is under the age of 18 in Florida lacks the legal standing to file a claim or lawsuit for personal injuries. But that doesn’t mean they should wait until they’re 18 to explore filing. (In fact, they may lose the opportunity forever if they don’t act soon enough.) The solution is in F.S. 744.301. It allows for the child’s natural guardians (i.e., their parents) the authority to pursue and settle any claim on behalf of their child, so long as it doesn’t exceed $15,000. This includes personal injury claims, life insurance policies, etc. for which they can collect, receive, manage, and dispose of the proceeds.

Of course, many Florida personal injury claims can easily exceed $15,000. In this case, parents can still pursue such claims, but they need court approval to do so, and funds may be held in a restricted bank account or annuity (from which necessary and reasonable withdrawals can only be made for the child’s benefit). This additional step is another reason parents of a child who has been injured should seek prompt legal advice. Your personal injury lawyer can help guide you through this process.

It’s worth noting that parents, too, may have their own claims for medical bills or other losses that they personally incurred as a result of the child’s injury.

3. The “Reasonable Person” Standard Considers a Child’s Age, Maturity

In many Florida personal injury and wrongful death lawsuits, a key defense is to argue that the plaintiff (person hurt) or decedent acted outside the bounds of what the average person would consider reasonable. This is known as the “reasonable person” standard. But children are not held to the same standard of “reasonableness” of the average adult. They may be held to the standard of what is reasonable for an average child of their age, maturity and intelligence.

There are even specific statutes that expressly take a child’s ability to reason into account. For example, F.S. 768.05 grants immunity to property owners when trespassers are hurt — except where children may have been enticed by an “attractive nuisance” for which they are not able to fully appreciate the danger. This could include anything from swimming pools to trampolines to abandoned refrigerators or airtight units. Because such features may be enticing to curious kids who can’t appreciate the risks, property owners have a duty to take extra care in preventing children from trespassing on their property and getting hurt. Example: A property owner with a swimming pool should have sufficient gates, alarms and other security features that would prevent kids from easily gaining access.

If your child has been injured in South Florida, our Fort Lauderdale personal injury lawyers at The Ansara Law Firm can help answer your questions about the viability and potential value of an injury lawsuit filed on their behalf.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Safe Kids Florida, Florida Department of Health

More Blog Entries:

Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations, Jan. 10, 2023, Broward Personal Injury Lawyer Blog

The broad definition of negligent security is a form of premises liability by which an individual who is injured by the criminal action of a third party can hold legally liable the owner or tenant of a property where the injury was inflicted. Typically, such injuries arise out of cases of robbery, rape, assault, or battery.

This is not to say there’s a potential civil claim for every criminal action. The question is whether you had a right to expect some degree of safety where the attack occurred – whether that was at a shopping mall or an office complex or an entertainment venue or a hotel. The people who own and control these properties are expected to have a basic understanding of the possible safety risks posed to their customers, and to take reasonable action to secure the premises and protect these individuals – particularly when (as in the case of the hotel) those individuals are paying customers.

As a Fort Lauderdale injury lawyer can tell you, prevailing on a claim of negligent security against a hotel requires proof that the crime could have been prevented – or at least made less likely – if the hotel owner or manager had used appropriate security measures. If the lapse in security happened due to the mistake of an employee, the hotel owner/employer can still be held liable under a legal doctrine known as respondeat superior, Latin for “let the master answer.”

Examples of Negligent Security at a Florida Hotel

There are many different scenarios in which an injured Florida tourist could sue a hotel for negligent security.more

Some examples include:

• A guest is assaulted in the parking lot of the hotel, where there is poor lighting and no security personnel.
• A guest is sexually assaulted in their room by an assailant who gained entry due to insufficient locks, lack of security personnel, or with access gained through employment they never should landed due to a violent criminal record.
• A guest is injured at the hotel due to a large event where crowd control measures were inadequate.

This is far from an exhaustive list.

Essentially what we need to show is that the person who owned or controlled the property failed to use a reasonable degree of care in failing to protect guests against reasonably foreseeable criminal attacks. An attack is generally considered reasonably foreseeable if it occurs with regularity at that type of property absent security measures OR if it is known to have happened at that specific property or the neighborhood nearby – especially recently. We must also show the hotel knew or should have known of this risk and failed to adequately warn guests. If a guest is injured because of this breach of duty, the property owner/hotel can be liable to cover the cost of those injuries.

If you were a tourist at a South Florida hotel and were injured in a criminal attack while visiting, contact our offices for a free consultation to discuss whether you’ve got a case.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Negligent or Inadequate Security Leading to Premises Liability Lawsuits, Justia

More Blog Entries:

“Do I Have a Personal Injury Case?” Broward Injury Lawyer Offers Insight, Oct. 10, 2023, Fort Lauderdale Personal Injury Lawyer Blog

Weighing both the viability and value of a potential case is important when considering how to proceed. But you’re going to have a tough time answering that question without first talking to a Florida injury lawyer. Even if you have a basic sense of what negligence is and the fact that you were hurt by someone else’s failure to use care, other details can stop a case before it starts.

For instance, if the other driver is negligent but does not have insurance and you don’t have uninsured motorist coverage, you may not have a personal injury case. If you’re in an accident and the other driver was at-fault but your injuries were not serious and permanent, you may have to rely solely on your own personal injury protection coverage (PIP) because your case doesn’t meet the serious injury threshold for filing a Broward personal injury lawsuit, as outlined in F.S. 627.737.

We’ve also seen situations where an injured person erroneously assumes they don’t have grounds for a case because they were partially to blame. The fact is, comparative fault (fault that is shared by the injured person) won’t necessarily kill a case. Per F.S. 768.81, partially at-fault plaintiffs can still recover a portion of the damages from the other at-fault party, so long as their own blame isn’t greater than 50 percent. (In the legal world, we call this “modified comparative fault with a 51 percent bar.” Until a few months ago, we used to have a system of pure comparative fault, meaning you could collect on 1 percent of damages even if you were 99 percent at fault. Florida tort reform legislation that passed and went into effect March 2023 changed that.)

Don’t Rely on Guesswork to Decide If You’ve Got Grounds for an Injury Case

These kinds of scenarios are why it’s important for people who aren’t injury lawyers to make presumptions about whether they’ve got a case.

Fortunately, there’s no reason to rely on guesswork because the vast majority of Broward injury lawyers offer free initial consultations to help you answer this fundamental question. We’ll look carefully at the facts you’ve gathered so far, determine what gaps need to be filled in, identify potential defendants, provide a rough estimate of how much value your case may have, and give a general timeline/breakdown of the process.

But how do you know if the attorney is a straightshooter and not just telling you that you have a legitimate injury case to make money? Because, as any Broward injury lawyer can tell you, there’s rarely money to be made on a weak case.

Civil injury case attorneys are paid on a contingency fee basis. In Florida civil injury cases, plaintiff attorneys (those working for the person injured) don’t get paid unless you win your case. As noted by The Florida Bar, the attorney agrees to accept part of the money recovered as the fee for their services. The exact amount depends on the complexity of the case and your timeline, but the percentage is usually somewhere around 20-30 percent. Because there is no attorney’s fee paid unless we win, there’s no conflict of interest when providing an assessment of the viability of a case to a prospective plaintiff.

What Elements are Needed to Win a Broward Personal Injury Case?

As noted by the American Bar Association, one might have grounds for a personal injury case if the injuries that were sustained were the result of negligence by the other party. In layman’s terms, negligence means someone had a responsibility to use a degree of care, they failed to exercise that level of care, and the result was physical injuries that led to financial damages.

Some examples of potentially viable personal injury cases in Florida:

• A car accident caused by a drunk or distracted driver.
• Physical assault at a nightclub where security was sorely lacking.
• Falling down in a commercial parking lot with non-obvious tripping hazards.
• Negligently delayed medical diagnosis of a serious condition that led to a worse prognosis than if it had been caught sooner.

The vast majority of personal injury cases are rooted in negligence, though there are a few outliers. For example, injuries from incidents like dog bites or defective consumer products may be based on a theory of strict liability. In those cases, it’s not necessary to prove an absence of care. Strict liability focuses on impact rather than intent.

If you have questions about whether you have grounds to file a Fort Lauderdale personal injury lawsuit, we can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

LEGISLATURE PASSES COMPREHENSIVE TORT LEGISLATION, March 24, 2023, By Mark D. Killian, Florida Bar Association

More Blog Entries:

Florida Personal Injury Plaintiffs Now Face New Comparative Fault Standard, April 10, 2023, Fort Lauderdale Personal Injury Lawyer Blog

Florida Truck Accident Statistics

Every day, operators of large trucks traversing our nation’s roads are the cause of serious crashes resulting in extensive property damage, serious injury, and tragic deaths. The term “large trucks” refers to medium or heavy trucks (excluding buses and motor homes) with a gross vehicle weight rating of 10,000+ pounds. This can include both commercial and non-commercial vehicles.

According to the National Safety Council, there were 5,700 large trucks involved in large crashes in 2021 – which represented an 18 percent increase from 2020 and a nearly 50 percent increase over the last decade. Part of the explanation for this rise is the fact that there are more large trucks on the road. But even so, the involvement rate per 100 million large truck miles has also increased – up 7 percent from 2020 and 22 percent over the last 10 years.

Big trucks are involved in 9 percent of all fatal crashes.

Specifically in Broward County, there were a total of 4,111 commercial vehicle crashes in 2021. These resulted in 820 injuries and 12 deaths. That’s just a snapshot of a single Florida county, according to the Florida Department of Highway Safety and Motor Vehicles. Statewide, according to the NHTSA, large trucks were involved in more than 350 traffic deaths in a single recent year.

Differences in Broward Truck Accident vs. Car Accident Claims

If you’re injured in a Broward truck accident, you may have grounds for filing a civil claim for financial compensation – same as you would if you were involved in a car accident. You’ll still need to prove negligence (and strongly dispute any allegations of contributory negligence), as well as the extent of your injuries to establish your right to collect damages. But there are a number of ways in which truck crash cases differ from your typical car accident claim.

Among them: more

Severity.

Broward truck accident injuries are almost assuredly going to be more serious than your typical car accident, by virtue of the simple fact that commercial trucks are so much larger/heavier than passenger cars (20-30x the size). Being involved in a crash with a passenger car is more likely than being involved in a truck accident – but you’re far more likely to suffer catastrophic injuries in the latter. That also means that the financial stakes are going to be higher – so you’re more likely to be met with a vigorous defense.

Insurance Coverage.

Commercial vehicles carry much more insurance than is required for passenger vehicle owners/drivers. While all Florida motorists must carry $10,000 in personal injury protection benefits (paid out to insured regardless of fault), most aren’t required to carry bodily injury liability coverage (though it’s a very good idea). Commercial trucks, meanwhile, generally need to carry $300,000 in bodily injury liability – minimum. Some may be required to carry more if they’re freight vehicles ($750,000), oil carriers ($1 million), or hazardous materials ($500,000).

Complexity.

It’s also possible that you’ll be dealing with more than one defendant/insurance company because truck accidents may have multiple defendants, including the driver, the truck owner (which may/may not be the employer of the driver), the supplier, and the carrier.

We also need to look carefully at the circumstances of the crash because that may go a long way toward establishing liability toward third parties. For example, did the trucking company employer/contractor schedule the driver for too many back-to-back shifts or unrealistic deadlines, leading to fatigue/distraction/speeding?

Cause.

In order to collect damages in a Broward truck accident case, we need to prove fault. And in order to figure out who’s to blame, we need to know what caused the crash. Sometimes there are multiple factors. Large trucks must be driven with extreme care because their size makes them harder to facilitate fast maneuvers, such as turning or stopping quickly. For this reason, commercial vehicle drivers are held to higher standards with regard to how much caution they’re expected to use. Going slightly over the speed limit, failing to check mirrors before switching lanes, driving with very little sleep – all of this can be the basis for finding fault.

But we also now as Broward truck accident lawyers must aggressively defend against allegations of contributory negligence, particularly since Florida law changed to allow for cases to be completely barred from any recovery altogether if it’s found a plaintiff is 50 percent or more at-fault.

Bottom line: Truck accident cases are inherently going to be more work than typical crash claims. It’s important to hire an injury lawyer with extensive experience in handling cases with extensive experience in successfully handling such high-stakes, complicated claims.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Large Trucks, Traffic Safety Facts, National Safety Council

More Blog Entries:

Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim? June 10, 2023, Broward Truck Accident Lawyer Blog

The first question is whether the accident at issue has anything at all to do with your existing injuries. If your pre-existing injury involves range-of-motion issues with your wrist but the more recent accident primarily impacted your neck and back, the old injury will probably be a non-issue for purposes of your new claim. That’s not to say it won’t come up at all. It’s important to be forthright with your medical providers as well as your lawyer, to ensure it’s all fully-documented and there are no surprises.

If the new injury does happen to involve the same area of the body where you were hurt before, the next question will be: “To what extent did the new injury exacerbate your pre-existing injury?”

Aggravation of a pre-existing injury is compensable under Florida law. This has been precedent for well over a century. (See the 1908 Florida Supreme Court case of Atlantic Coast Line R. Co. v. Dees. In that matter, the court ruled “…to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, and [the plaintiff] was at the time the injuries were received suffering from some disease or illness… such [plaintiff’s] previous infirmity will not excuse the defendant from answering in damages to the full extent of injuries caused by such negligence…”)

But that doesn’t mean the defense won’t make it easy. When pre-existing injuries or illnesses are a factor in a Fort Lauderdale injury claim, the burden of proof is on the plaintiff (person who is injured) to prove by a preponderance of the evidence that the injury was either caused or aggravated by the defendant’s negligent act. This must be properly pleaded – and supported by evidence – in the special damages part of a Florida civil lawsuit. Your attorney has to clearly spell out:

• Exactly what the pre-existing condition is.
• The extent to which it impacted your life/well-being prior to the accident.
• How the new accident caused that condition to be worsened.
• The degree to which this exacerbation of your injury has degraded your physical, mental, and emotional well-being.

When there’s a pre-existing injury involved, it will not be assumed that the new accident caused it to worsen. That fact must be expressly stated and supported.

A recent case before Florida’s 5th District Court of Appeal underscored what can happen in a case with pre-existing injuries when such facts are not adequately supported by evidence. The case was State Farm v. Davis, and it involved a car accident a few years ago. The at-fault driver was not adequately insured, so plaintiff was pursuing action against her own UM/UIM auto insurance carrier.

The insurer had no issue conceding the other driver was at-fault. The problem was that the plaintiff had been seeing a chiropractor for more than a dozen years prior to the crash for neck and back issues. In the six years prior to the crash at issue, she’d visited this doctor nearly 50 times for pain in her neck and lower back. In fact, she’d seen him for this issue just a few days before the crash. ‘

In the crash, she reportedly further injured her neck and back. Her chiropractor would later testify that the injuries she suffered in the crash were not the same as what he’d been treating her for. An orthopedic surgeon to whom she was referred post-crash would later testify that she’d suffered injuries specific to the crash. Two herniated discs would require additional surgery. However, she failed to present medical expert witness testimony that her pre-existing condition had in fact been aggravated by the crash. Further, she didn’t include in her injury lawsuit complaint any claim for any special damages for aggravation of her pre-existing injuries. There was no mention at all of pre-existing conditions in her claim, so she couldn’t go back and argue that they’d been aggravated. Although she initially won her case, it was reversed on appeal for this reason and remanded for a whole new trial.

We do have sympathy for this plaintiff because she likely thought that because the same general region of the body was injured that the court would only naturally recognize that the accident made matters worse for her existing condition. But again, that can’t be assumed because it’s not necessarily the case. It has to be proven.

The takeaway here is that if you have an existing injury and are injured again by someone else’s negligence, you need to make sure your Fort Lauderdale injury lawyer is fully aware of this. Be willing to answer questions and provide medical documentation of your prior injury. While we recognize it can be painful to dredge up the past, it’s important if you want to win the case that’s pending.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

State Farm v. Davis, March 25, 2022, Florida’s 5th District Court of Appeal

More Blog Entries:

How Likely is a Default Judgment in My Broward Personal Injury Claim? March 10, 2023, Fort Lauderdale Personal Injury Lawyer Blog

The controversial bill (House version HB 837 and Senate version SB 236) was fast-tracked through the legislature and signed by the governor within hours of it hitting his desk. It undercuts a laundry list of rights for personal injury plaintiffs – but those in Florida motorcycle accidents will suffer a particularly outsized impact.

Essentially, the measure imposes sweeping limitations on Florida lawsuits, most of those broadly and unapologetically shielding insurers and big businesses from payouts in injury cases – at the expense of those most seriously hurt. Many of the motorcyclists who turned up to protest, according to the Tallahassee Democrat, are “diehard, staunch DeSantis supporters, Trump supporters, and lifelong Republicans.” But as several of them noted, “This is bad for everyone.”

What exactly is the change motorcyclists are most upset about? The shift in the comparative fault standard.

As our Fort Lauderdale motorcycle accident lawyers can explain, for years under F.S. 768.81, Florida followed a system of pure comparative fault. Essentially, that means everyone is responsible for their own share of the fault. If you are hurt in a car accident and are 40 percent responsible for what happened, you can still hold the other driver accountable for their 60 percent share of the blame. In a pure comparative fault standard system, this fair share liability principal goes all the way to 99%/1%. So if a plaintiff is 99 percent liable and the defendant 1 percent, the plaintiff can still collect on that 1 percent in damages. (That’s not an ideal outcome, of course, and injury lawyers paid on a contingency fee basis were already less likely to take on weaker cases for this reason, as they are paid a portion of the damages ultimately paid out. This is one of the reasons the argument about “frivolous lawsuits” being problematic holds little water. It’s not easy to win – or get paid – for a Florida injury lawsuit that isn’t strong on its merits.)

This new law turns pure comparative fault on its head. Now, Florida has a standard of modified comparative fault with a 51 percent bar. This means that if the plaintiff is more than 50 percent responsible for their injuries, they can’t collect a dime from the other at-fault party. So if the other driver is 49 percent at-fault, they pay nothing. The financial burden rests solely with plaintiffs.

Why do motorcyclists care so much?

Because a motorcyclist can be faulted for their own head injuries if they don’t wear a helmet.more

Quick reminder: Helmets are not required under Florida law for operators under 21, and haven’t been since the year 2000.

So a possible – maybe even common – scenario in Florida motorcycle accident lawsuits from now on will be:

• Negligent driver crashes into motorcyclist.
• Motorcyclist is not wearing a helmet, and suffers major brain injuries.
• Motorcyclist (or their surviving spouse) sues the at-fault driver for causing the crash.
• Defendant attorneys argue that but-for the lack of a helmet, the motorcyclist’s head injuries wouldn’t be so catastrophic. And head injuries comprise the majority of damages sought.
• Jury finds motorcyclist is 51 percent liable for their injuries – mainly because they weren’t wearing a helmet, not because they caused the crash.
• Motorcyclist is compensated nothing.

Making matters worse is the fact that motorcyclists aren’t entitled to no-fault personal injury protection (PIP) insurance coverage that every other motorist is. PIP coverage offers insureds up to $10,000 in damages for personal injuries and lost wages in a crash – regardless of fault. But motorcyclists aren’t eligible for this coverage. So when we say they walk away with nothing: They’d truly walk away with nothing. (That is, if they can still walk at all.)

And what happens if they can’t work, can’t maintain health insurance, etc.? Taxpayers pick up the tab.

Said a representative of the Florida Justice Association, “This represents the largest transfer of money, rights, and power from Floridians to the insurance industry that we’ve ever seen.”

So while proponents maintain that this measure was necessary to address the “cottage industry of lawsuits,” the reality is that the entire bill (and there’s much more to it) benefits insurers while shutting out consumers – and particularly those individuals who have suffered the most substantial personal injuries, which often include motorcyclists.

All of this doesn’t mean it’s impossible to win Florida motorcycle accident cases from here on out – but it will be tougher. Having an experienced injury lawyer at your side will be an absolute imperative.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Why Florida bikers are leading the attack on lawsuit limits backed by DeSantis, Republicans, March 14, 2023, By John Kennedy, USA Today Network – Florida

More Blog Entries:

Florida Personal Injury Plaintiffs Now Face New Comparative Fault Standard, April 10, 2023, Fort Lauderdale Motorcycle Accident Lawyer Blog

As our Fort Lauderdale personal injury lawyers can explain, tort reform proponents (mostly lobbyists for large corporations and insurers) have for years painted Florida as a “judicial hellhole” and decried how easy it was for plaintiffs to win big payouts for things like car accidents, premises liability, boating accidents, medical malpractice, etc.

The reality is: It’s not easy to win Florida personal injury cases, and never has been. Now it’s about to be even harder, and accountability for insurance companies has been weakened. Having a dedicated, experienced personal injury lawyer advocating on your behalf has always been an imperative to success in these cases, but now more than ever.

Among the changes now in effect thanks to HB 873: more

• No more pure comparative fault standard. Previously, Florida subscribed to a pure comparative fault standard with respect to personal injury cases. What that meant was that parties were only financially responsible for the percentage of harm they were found to have caused – even if that was as little as 1 percent. If you were hurt in a Florida car accident for which you were 99 percent at-fault and the other driver was 1 percent at-fault, the other driver would still be compelled to pay for 1 percent of the damages. Now, that’s not an ideal outcome because it means someone who incurred $100,000 in damage would only collect $1,000 – not enough for most personal injury lawyers working on a contingency fee basis to even take the case. But the point is everyone was responsible for their own share of the blame. This new law erases that. Instead, we will now have a modified comparative fault standard with a 51 percent bar. What that means is the same principle applies – everyone is financially liable for their own share of fault for what happened – unless the plaintiff is more than 50 percent at-fault. If the plaintiff is found to be 51 percent or more responsible, they will collect nothing. The other driver who was 49 percent at-fault? They will pay nothing. Similar standards will apply for lawsuits pertaining to things like dangerous conditions on properties (including slip-and-falls and criminal attacks made possible because of negligent security), bicycle accidents, boating accidents, motorcycle accidents, etc.
• Shorter statute of limitations for personal injury cases. Prior to this new law, the statute of limitations for filing a personal injury lawsuit was 4 years. It’s now been halved – down to 2 years. We understand 4 years might sound like a lot of time, but keep in mind: Complex personal injury claims can take a lot of time to thoroughly investigate. The benefit of a longer statute of limitations was not that we could dredge up years-old claims and try to make quick cash. It was because settlement negotiations – how 95 percent of Florida personal injury cases are resolved – can be extensive in more serious, complex cases. Not every claim necessitated a lawsuit, so long as they could be resolved within that 4 year time frame. Now with less time, there will be increased pressure to pursue resolution through the already overburdened Florida courts. They’ll be compelled to hurry up and preserve their right to file a lawsuit before that window closes.
• Reduction in damages for negligence security. Property owners and businesses that welcome guests on site for their own financial gain have a responsibility to ensure those places are reasonably safe – given the type of business, the vulnerability of the guests, the surrounding neighborhood, a history of problems, etc. When they fail to do so and someone is victimized by a criminal act as a result, those property owners can be held liable for negligent security. For the most part, direct civil claims against the attacker themselves are rare because those acts aren’t covered by insurance and the perpetrator usually can’t pay out-of-pocket. And anyway, the claim is not about the attack itself; it’s about the lax security that made the unsuspecting guest/student/patron/customer highly vulnerable to attack. But this new measure will allow defendants in these cases to argue that the assailants – whether named as a defendant or not – should be apportioned some of the financial responsibility. (Bear in mind, there are already mechanisms for this, and the criminal justice system can order restitution by the attacker as well.) But by allowing property owner defendants in negligent security cases to assert this, they can wiggle out of full financial responsibility for the damages. If the assailant is named as a defendant and apportioned part of the blame, chances are they won’t be able to pay it. And if the assailant is not a named defendant and apportioned part of the blame, the victim can’t collect their percentage of the damages. Either way: The property owners, corporations, and insurers win.
• Modified attorney’s fees for bad faith claims. Bad faith insurance claims are filed when an insurance company fails to treat claimants fairly and in accordance with the contract they have with their insured. It can result in triple damages for plaintiffs if they win (though winning isn’t easy without strong evidence). It used to be that attorney’s fees in these cases were automatic if the claimant prevailed. In other words, if the insurer acted in bad faith, they’d have to pay the legal bill of the person who was forced to take the action to court in order to get a fair shake. No more. Plaintiff attorneys’ fees – even if they’re successful – will have to come out of the damages that plaintiffs collect. Less money for those harmed, more money in the pockets of insurers. Also, there is now a “safe harbor” provision saying that so long as the insurer tenders the policy limits or amount demanded within 90 days “of being provided sufficient information,” they won’t be subject to bad faith claims. Also, the court can now consider “comparative fault” with respect to the plaintiffs in these cases as well. That is, the insureds and people injured, despite having far less power in these situations compared to insurers, now owe the insurance companies a reciprocal duty to act in good faith. This was not an actual issue for insurers, mind you. It’s just another method for them to retain as much money as possible.

While these changes are disheartening, they don’t necessarily mean your Florida injury claim is a foregone conclusion. It does mean that we’ll have to fight harder than ever to ensure your rights and best interests are protected. We are committed to doing just that for our clients.

Additional Resources:

LEGISLATURE PASSES COMPREHENSIVE TORT LEGISLATION, March 24, 2023, By Mark D. Killian, Florida Bar Journal

More Blog Entries:

How Likely is a Default Judgment in My Broward Personal Injury Claim? March 10, 2023, Fort Lauderdale Personal Injury Lawyer Blog

However, as our Broward injury lawyers can explain, that isn’t always the best case scenario. Default judgments are often successfully challenged. And even a Florida default judgment stands, plaintiffs may have a tougher time collecting on them than on cases with more responsive defendants, as the latter are more likely to have financial resources.

What Exactly is a Default Judgment?

To explain a default judgment in an injury lawsuit, we first need to recognize that part of the right to due process – as laid out both in the U.S. and Florida Constitutions – require that the defendant be put on notice of the proceedings and also be given the opportunity to be heard.

When the plaintiff files their injury lawsuit, they will spell out in the complaint exactly who the defendant is, what they did, how this resulted in damage to the plaintiff, and what sort of remedy the plaintiff is seeking. The defendant is considered put on notice when they’ve been served with a copy of the complaint as well as a court summons. That summons spells out clearly what a defendant has to do if they wish to defend the claim. It also tells them what can happen if they choose to outright ignore the lawsuit. The court provides the defendant a certain amount of time in which to formally respond in the form of a motion or answer that denies liability. The summons also lets the defendant know that if they don’t do anything, they might lose their case via default judgment.

Legislators and courts have concluded that justice is best served when all parties are fully informed and actively participating. However, they aren’t expected to wait forever – and unresponsive defendants aren’t rewarded for their lack of participation. Florida Rules of Civil Procedure allow plaintiffs to ask the court to issue a default judgment if the defendant doesn’t file any answer to the lawsuit by the deadline. If the court grants a default judgment, they decide the defendant is liable by default and will issue liquidated damages.

Will I Still Need a Trial After a Default Judgment?

As our Broward injury lawyers can explain, there are basically two reasons your case might still go to trial after a default judgment.

The first of those has to do with unliquidated damages. Unliquidated damages – those not expressly stated in a contract or objectively known and quantifiable – must still be decided by a jury if they aren’t resolved in settlement talks. For example, let’s say you’re injured in a crash. Part of your damages include $5,000 in property damage to the vehicle itself. You get a bill from the auto body shop. Those damages are liquidated. Clear, objective, quantifiable. However, let’s say you’re also claiming damages for the pain and suffering caused by your injuries. These are unliquidated damages. They’re subjective, not easily quantifiable. They must be proven to the court and decided on by a jury.

The second reason you might still end up having the case go to trial following a default judgment is that the defendant successfully challenges that finding. As previously mentioned, courts don’t favor default judgments. They would rather cases be resolved according to merit. For this reason, Florida Rules of Civil Procedure do allow for relief from a default judgment in cases of excusable neglect, surprise, inadvertence, or mistake. In addition, they must also have a meritorious defense – meaning they have a reasonable case to be made about a factual point of contention in the case, such as liability or damages.

Excusable neglect means that they have a good reason for why they didn’t respond in a timely fashion. They can’t simply say, “I forgot.” Examples of excusable neglect might be hospitalizations, emergencies involving immediate family members, or good faith settlement negotiations in which the defense believed no default judgment was being sought. The courts generally wish to avoid wins based on technicalities, though they can happen.

If you are considering filing a personal injury or wrongful death case in South Florida, it’s a good idea to consult with an experienced injury lawyer to fully understand your legal options.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

ASK JUDGE SMITH: ‘DEFAULT JUDGMENTS AND DAMAGES’, Jan. 3, 2023, By Judge J. Layne Smith, Florida Bar News

More Blog Entries:

Florida Wrongful Death Lawsuits Bring Closure, and a Safer Future, Aug. 1, 2022, Broward Personal Injury Lawyer Blog

The Florida Fish & Wildlife Conservation Commission (FWC) reported the Jan. 19th death of 25-year-old Anton Walkes, a Major League Soccer player from the Charlotte Football Club, was the result of two vessels colliding near Miami Marine Stadium a day earlier. He was found unconscious on the scene, received CPR, and was hospitalized in critical condition before dying the following day. The English citizen had been in the Miami-Fort Lauderdale region for a two-week training camp. He left behind not only his team, but his parents, two siblings, long-time partner, and young daughter.

He was a passenger on an 11-foot personal watercraft operated by a 32-year-old German woman when it collided with a 46′ cabin boat operated by a 69-year-old Florida man. It’s unknown yet whether alcohol was a factor, and the investigation remains open. Worth noting is the fact that local advocacy groups have complained extensively about reckless boating and boat congestion in the marine channel where the fatal boating accident occurred.

Annual Florida Boating Accidents

Florida leads the nation for the most registered vessels (985,000+) as well as the most reportable boating accidents (836 in 2020). According to the FWC, collision with another vessel (as was the case in the crash that killed Walkes) was the No. 1 type of Florida boating accident, accounting for 27 percent of all reportable incidents. While personal watercraft (Jet Skis, Sea Doos, etc.) account for about 15 percent of all registered vessels in Florida, they are involved in 27 percent of all reportable boating accidents. In 2020, there were 15 deaths and 183 injured in boating accidents involving personal watercraft. Nearly 40 percent of all personal watercraft boating accidents occurred in Miami-Dade County.

Some 17,700+ personal watercraft are registered in Miami-Dade County, with about 500 of those being rentals. In a single recent year (2020), these were involved in 41 reported boating accidents in Miami-Dade, including 35 injuries and one death.

Annually, there are an estimated 550 boating accident injuries and 80 boating accident deaths.

Liability for Miami Boating Accidents

Legal responsibility (also known as liability) for a Florida boating accident depends largely on the cause. If it is determined that the cause of the accident – or exacerbation of injuries – was the the fault of someone who failed to exercise reasonable care when they had a duty to do so, that individual may be held liable.more

That could be the operator of one vessel or the other or both, if there’s evidence they operated the vehicles recklessly, without due care, or while under the influence of alcohol or drugs.

Some homeowners’ insurance policies will cover boat accidents, but extensive liability restrictions may substantially limit available coverage. A separate policy covering the boat is typically advised. Liability boat insurance isn’t required in Florida, but a lot of boat owners do carry it.

If a charter boat company was involved, they may be liable – for improperly vetting or training employees, poorly maintaining or equipping vessels, being careless in renting vessels, or not properly supervising their workers or others when they have a responsibility to do so. Most of these cases will stem from incidents of negligence (failure to use reasonable care resulting in injury to another), but may also involve vicarious liability. Employers can be vicariously liable (meaning you don’t have to prove wrongdoing) for the negligence or recklessness of employees acting in the course and scope of employment.

In rare cases where the design or manufacture of a boat or some boating apparatus was the cause of someone’s injury, one may file a product liability claim.

If you or a loved one is harmed in a Miami boating accident, speaking with a South Florida wrongful death/personal injury lawyer can help bring your legal options into sharper focus.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Boating Fatalities 2020, FWC

Personal Watercraft Accidents 2020, FWC

More Blog Entries:

Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations, Jan. 10, 2023, Miami Boating Accident Lawyer Blog

As a longtime Fort Lauderdale personal injury lawyer, I take seriously the responsibility to advocate for my clients’ best interests. That begins even with prospective clients. I start with a brief overview of the facts of their case as presented. I look to identify any parties that may be held legally liable. I’ll want to assess the anticipated scope of damages and apply the knowledge and experience gained in decades of practice in Florida injury law to provide a frank assessment of the likely viability and value of their case – and how I may personally be able to assist. All of this can happen before a person has chosen to formally hire an injury lawyer.

Given that you may want to engage more than one Broward injury lawyer in a free initial consultation before deciding which to hire, it’s best to walk in with a good sense of what to have ready. The more a person understands going in what to expect – and what may be expected of them – the more they’ll get out of the process. Ultimately, the goal is to find an injury lawyer who is not only experienced, qualified, and with a proven track record of success, but someone with whom you feel you can be honest, trust, and have easy communication.

Here are some Frequently Asked (and Answered) Questions to get you started:

Why Do Florida Injury Lawyers Offer Free Initial Consultations in the First Place?

Many attorneys charge by-the-hour, and the value of that hour can vary, depending on their experience, the complexity of the case, etc. Attorney consultation fees can run anywhere from $0 to $400. There are a few reasons initial consultations with injury lawyers are free. One has to do with the type of case, and how it’s paid. Plaintiffs in injury lawsuits do not pay attorney’s fees unless or until they win their case. This is called a contingency fee arrangement. Claimants in these types of cases aren’t typically large companies (which can afford lawyers on retainer). They are vying for fair compensation from someone who has legally wronged them. The injury lawyer they hire is paid at the end of a successful case with a previously-agreed portion of the insurance money or damages awarded. Contingency fee arrangements allow people with meritorious cases – but not a lot of extra cash upfront – to access quality legal representation. Attorneys are compelled to be honest with prospective clients, and only help pursue injury cases that have a pretty decent shot at winning. Knowing that many injury case clients don’t have a lot of money upfront, free initial consultations are a low-risk way to help both sides glean the information they need to get a good sense of whether the case is worth pursuing, and if the attorney is a good fit for the client’s needs.

Can an Attorney Give Me Legal Advice Before I Hire Them?

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Generally speaking, no, the attorney will not provide you with specific legal advice at an initial consultation. The purpose of this meeting is more focused on whether the prospective client wants to hire the lawyer and if the attorney believes they have the ability and capacity to take the case. Unless an official attorney-client relationship is created (via contract), you aren’t likely to get legal advice. That said, if you come prepared with lots of information, as well as questions about how the law applies to cases like yours, you may be able to get many of your questions answered.

Does Attorney-Client Privilege Apply in a Free Initial Consultation?

Again, generally speaking, when prospective clients are pursuing legal advice or representation and they reasonably believe the communication they’re engaged in to be confidential, information exchanged in the consultation is privileged. This applies even if you never hire or pay that attorney. There is an understanding that a certain amount of sensitive information must be exchanged in order for both sides to decide whether the attorney is a good fit for the case. If you aren’t sure whether certain information is confidential and you would prefer it to be, you can always ask for clarification.

What Should I Bring to the Meeting With a Broward Injury Lawyer I’m Considering Hiring?

The strength of a personal injury case is in the evidence. In the early stages of a case, you may not realize all information that may be pertinent, but you’ll want to gather as much as you can for the attorney to review. Although the specifics may vary from case-to-case, in general what we’re trying to establish is that the defendant owed a duty of care, breached that duty, and caused the resulting injuries – for which you should be financially compensated. Some of the evidence that helps us establish these facts:

• Photographs and video of the scene
• Accident reports
• Investigative notes (from police, store managers, witness statements, etc.)
• Detailed notes from the injured person, describing what happened (Day, time, exact location of incident, weather conditions, people who were with you, what you experienced during the incident, type/full extent of injuries, details of any medical treatment, impact on your work/school/social life/family commitments, etc., impacts on close relationships, etc.)
• Media reports of the incident
• Screen shots of any social media posts, photos, images, videos, etc. regarding the event by you or others involved
• Medical records
• Medical bills
• MRI and X-ray results
• Insurance information (health, auto, etc.)
• Name, address, contact information of others involved, their insurers, etc.
• Documentation of any lost income (include your regular pay stubs, W-2s, income verification, etc.)
• Information on recommended therapies, medications, future surgeries, transportation costs, etc.
• Any communication you or others on your behalf have already head with the insurer(s) involved

What Kinds of Information Can an Injury Lawyer Tell Me in an Initial Consultation?

A Broward personal injury lawyer cannot give you a guarantee on any outcome of your case. That said, they can rely on their own experience, knowledge of Florida law, and the information you’ve provided about what happened to off you some feedback on how things could go and what you’re options are. Some things on which an attorney may be able to shed light – either in the initial consultation or fairly early on in the case:

• Your legal rights based on the situation and facts provided.
• How long the claims process can take. (Claims may be resolved without litigation. If litigation is necessary, resolution will take longer.)
• Time limits you have to file your case (the statute of limitation).
• What sort of evidence will be essential to your claim.
• Who potential defendants are in the case.
• Whether legal representation is necessary for your type of claim.
• Actions you should avoid while your claim is pending.
• Details on how insurance companies are likely to approach your claims.
• Possible outcomes in the case – including how much it may cost you, and how much you may be owed based on the information you provided.

Leaving an initial consultation, you may not have all the answers, but you should feel better educated – and hopefully empowered. If you have additional questions, we’ll do our best to provide you with information so that you can make informed decisions about your next steps.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

How to Hire a Lawyer, Florida Bar Association

More Blog Entries:

4 Most Common Types of Fort Lauderdale Personal Injury Lawsuits, Oct. 8, 2022, Broward Injury Lawyer Blog

In most Florida personal injury cases, it’s necessary to prove that the “tortfeasor” (aka alleged wrongdoer or defendant) owed a legal duty of care to the person who was hurt. By breaching that duty of care and causing injury, the tortfeasor is responsible to pay financial damages to those adversely impacted.

There are many different kinds of torts. But when it comes to Fort Lauderdale personal injury lawsuits, there are a few types we see crop up time and again.

1. South Florida Car Accidents

Auto accidents are the root of most personal injury claims in Florida. All motorists owe one another – as well as passengers, pedestrians, bicyclists, and other road users – a duty of care to obey all traffic rules and use reasonable caution behind the wheel. If they violate traffic laws and someone gets hurt, they can be held liable. Even if they don’t explicitly violate the law but failed to use reasonable care when driving, they can be held legally liable in a Florida personal injury case.

It’s worth noting that (at least for now) Florida is a no-fault car accident state. What that means is that all motorists are required to carry a type of insurance coverage called personal injury protection, or PIP. This coverage will kick in and cover up to $10,000 in damages (medical bills, lost wages, etc.) to the insured and other parties covered by the policy – regardless of who is at fault. However, if the injuries sustained in the crash meet the “serious injury threshold” as outlined in F.S. 627.737, those hurt can step outside that no-fault system and pursue financial recovery from those who were at-fault in the crash. (Generally, a serious injury is defined as one that results in significant or permanent loss of a key body function, permanent scarring or disfigurement, or death.)

Florida follows a system of pure comparative fault, per F.S. 768.81, which basically means everyone is expected to bear legal responsibility for damages that is proportionate to their level of fault. (This applies in many different types of Florida personal injury cases.) As it pertains to Fort Lauderdale car accidents, if the plaintiff (person filing the claim) is found to bear a percentage of the blame for what happened, their financial recovery will be reduced by that percentage. For example, let’s say you’re injured in a crash with another driver, you suffer $100,000 in damages, but are found 20 percent at fault. The most you could collect from the other driver would be $80,000.

2. Medical Malpractice Lawsuits

Medical malpractice cases are those that involve doctors or other health care professionals who fail to provide care that meets basic standards given their specialty and facility.

South Florida medical malpractice cases require the testimony of a plaintiff expert witness of the same skill and practice area as the defendant. What’s more, while most personal injury cases have a four-year statute of limitations, medical malpractice cases must be filed within two years.

3. Product Liability Lawsuits

Companies and organizations that design, manufacture, and distribute products to the public can be held legally responsible if their products hurt someone who is using it the way it’s designed. These entities can also be found liable for using products incorrectly, so long as such use was reasonably foreseeable.

Fort Lauderdale product liability cases fall under the umbrella of “strict liability,” a legal theory that means those harmed don’t have to prove negligence or that the defendant necessarily did anything wrong. Strict liability can also apply in dog bite cases, as well as those involving abnormally dangerous conditions or inherently hazardous activities. (Defendants may argue that the person injured knowingly assumed the risk, but a skilled injury lawyer will know how best to challenge this defense.)

4. Slip-and-Fall Lawsuits

Slip-and-fall lawsuits are a type of premises liability case. That is, the person or entity who owns or controls the property has a responsibility to ensure the site is reasonably safe – especially if they’re welcoming members of the public there for the owner’s financial benefit.

Fort Lauderdale slip-and-fall lawsuits have gotten more difficult to win over the last decade, thanks to the passage of F.S. 768.0755. This provision of the law stipulates that if someone slips and falls on a transitory foreign substance in a business establishment, the person who is injured has to prove the business had actual or constructive knowledge of the dangerous condition and failed to take reasonable action to remedy it. Constructive knowledge can be proven with circumstantial evidence tending to show the condition had existed for a substantial length of time or occurred with such regularity that it was foreseeable. That’s a rather high proof burden. Working with an experienced Broward personal injury lawyer will be your best shot at winning.

If you are injured in Broward County and need some insight into your legal options for financial recovery, our dedicated legal team can help answer your questions and – if hired – help formulate an effective strategy to obtain just compensation.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

F.S. 768.81, Comparative Fault

As our Fort Lauderdale truck accident lawyers can explain, underride collision truck accidents occur when a passenger vehicle collides with a semi truck and is forced underneath the trailer. Whereas an average passenger vehicle is about 40 inches high, the lowest point of the average trailer is about 45 inches off the ground, meaning the smaller vehicle can get trapped underneath. During these crashes, the trailer or truck might “intrude” into the passenger compartment, which almost always leads to either severe injuries or death.

Recently, the National Highway Traffic Safety Administration (NHTSA) finalized a rule updating two Federal Motor Vehicle Safety Standards intended to bolster protections for drivers and passengers in rear underride crashes where the front end of the smaller vehicle crashes into the back of a larger vehicle (such as a semi truck) and slides under that vehicle.

Noting that truck underride crashes are often fatal, the new rule requires rear impact guards on trailers and semis with sufficient strength and energy absorption to protect occupants of passenger vehicles in multiple crash scenarios, keeping drivers safe and preventing deadly crashes. The final rule amends FMVSS No. 223 and FMVS No. 224 pertaining to rear impact guards and rear impact protection.

In addition to setting these new standards, the rule also requires more research on these crashes and establishes an advisory committee on underride protections. Rear impact guard designs are going to be more closely studied, with state tracking of underride crashes more systematic.more

According to the U.S. Government Accountability Office, there have been 219 fatal underride crashes involving large trucks reported each year. Although these represent less than 1 percent of all traffic deaths, we know this figure is likely an underrepresentation because there is a great deal of variability in state and local data collection on these crashes. Further, police officers responding to crash scenes may receive limited information about how to identify and record truck underride crashes. Another study by the NHTSA estimates annual truck underride deaths number around 500 annually, with injuries topping out at around 5,000.

Many Florida truck side underride crashes involve one of the following scenarios:

• A trucker was attempting a U-turn.
• A truck driver was backing out of a parking lot or driveway into a busy road.
• A truck driver is trying to cross or turn into a street or highway.

Rear underride crashes typically often involve one of the following:

• Dim, dirty, or inoperative tail lights.
• Failure to use reflective triangles or emergency hazards when truck is broken down.
• Poorly-marked trucks slowly entering a road or slowing down.

As longtime Fort Lauderdale car accident lawyers, we recognize that when it comes to personal injury claims, Florida truck accidents are trickier than most other types of traffic incidents. That’s firstly because trucks tend to cause greater harm, which means the cases are automatically higher stakes. But beyond that, trucking cases tend to be complicated by the fact that there are usually numerous defendants. The driver may not be employed by the carrier, which may be separate from the shipping company. There are layers of liability protection for each, though there should be higher insurance coverage for commercial drivers carrying larger/more dangerous loads.

If you have been injured in a Florida truck accident, our dedicated Broward injury attorneys are here to help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Heavy-Vehicle Crash Data Collection And Analysis to Characterize Rear and Side Underride and Front Override in Fatal Truck Crashes, March 2013, NHTSA

What PIP Does NOT Cover

Although PIP is the go-to for no-fault accident coverage in Florida, it does not cover every scenario, every type of loss – or even every person. The following is a list of what PIP won’t cover:

• Property damage. If your car is damaged in the crash, you’ll need to file a separate claim with your own insurance company (or the insurer of the at-fault driver) in order to be compensated for necessary repairs. Florida law requires drivers carry at least $10,000 in property damage liability coverage.
• Motorcycle operators. PIP coverage is not mandated – or even available – to owners/operators of motorcycles or other self-propelled vehicles. Motorcyclists must rely on other types of auto insurance coverage.
• More than $10,000 in medical expenses. No matter how serious your injuries are, PIP is only going to cover up to $10,000 in medical expenses. In fact, PIP is only designed to cover up to 80 percent of “reasonable medical expenses.” Furthermore, if your injuries are not “emergent,” PIP may cover no more than $2,500 in medical expenses. Unless you take legal action against the at-fault driver, you and/or your health insurer will be liable for the rest. If your injuries are “serious and permanent,” as outlined in F.S. 627.727, you may step out of the no-fault system and pursue a claim against the at-fault driver for damages for the full amount of your losses. If they do not have insurance or lack enough insurance, you may file a claim with your own uninsured/underinsured motorist (UM/UIM) carrier for the difference.
• More than 60 percent of your lost wages. PIP will cover up to 60 percent of your lost wages if you can’t work due to your injuries – but not if it equals more than $10,000 (and usually far less because that is all that’s available to cover your medical expenses too). If you can’t return to work at all or must take a lower-paying job as a result of your injuries, you could be facing substantial income losses. These are recoverable from the at-fault party if you step outside the no-fault system and pursue damages.
• Pain and suffering. PIP coverage only covers economic losses. This would include things like medical bills and lost wages. But Florida car accident victims are traumatized, both physically and emotionally. The law recognizes the impact of this, which is why crash victims can pursue damages (compensation) for pain and suffering – but only in a civil claim. You won’t recover pain and suffering damages from your PIP carrier.

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Other PIP Coverage Considerations

Other things to note about PIP coverage is claimants have a very short window of time in which to file a claim. PIP claims must be filed within 14 days. If you wait longer to seek medical attention/file your claim, your damages may be limited to $2,500 – or less.

If you have ongoing medical expenses, PIP will only cover those incurred within three years of the crash date. Any long-term medical care or treatment beyond that is likely going to be paid out-of-pocket, unless you take legal action against the other driver.

Note too that PIP coverage also has a deductible, which varies by carrier and policy. Typically, the deductible is about $500. So even if you have $10,000 in coverage, you’d still be paying at least $500 out-of-pocket.

If you have been in a Fort Lauderdale car accident, our injury attorneys offer free initial consultations to advise you of your rights regarding PIP coverage and third-party claims.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Consumer Pamphlet: Automobile Insurance, The Florida Bar

In a single recent year, more than 5,000 motorcyclists lost their lives while riding. The National Highway Traffic Safety Administration (NHTSA) reports Florida has more motorcycle fatalities than any other state – with 591 reported in a single recent year. That’s more than either California or Texas – both of which have substantially higher populations.

For survivors of motorcycle accidents and their loved ones, knowing the basic steps of a claims process following a serious crash can help ease some of the mental load that can feel insurmountable those first few days. As longtime Fort Lauderdale motorcycle accident attorneys, we can explain that these aren’t handled like your typical Florida car crash claim. There are unique considerations, and it’s worth taking a few moments to better understand them before beginning the process.

What Makes Florida Motorcycle Crashes Different From Others?

The reality is any car accident has the potential to turn your whole world on its axis. With motorcycle crashes, though, there are a few differences. Those include:

• Severity of injuries. Motorcycle operators and passengers lack the same level of protection as other motorists. Helmets aren’t required for adult motorcyclists in Florida, but even with them, riders don’t have the benefit of steel cage protective layer between them and the pavement. The severity of injuries in these cases means they tend to be inherently higher stakes.
• Motorcyclists cannot purchase personal injury protection (PIP) coverage. PIP coverage is required under Florida’s no-fault auto insurance law, extending up to $10,000 in compensation for medical expenses and lost wages, regardless of who was to blame. Without this, many motorcyclists tend to rely heavily on their own health insurance plans. But that won’t cover things like lost wages and other damages. This makes it all the more imperative to closely examine fault of all involved parties – and hold other drivers accountable. Claimants can step outside the no-fault system when they’ve meet the serious injury threshold, as spelled out in F.S. 627.737.

I’ve Been in a Motorcycle Accident – Now What?

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The aftermath of a crash is often stressful and chaotic. But the claims process will begin at the accident scene. The first priority, though, is securing prompt medical care for any who have been seriously hurt/are in immediate danger. (Examination by a doctor is a smart idea even if you have no obvious injuries. They may crop up later, and it will be tougher to prove a causal link if you don’t seek immediate medical attention.) If the police have not been contacted, that’s the next step. Remain on the scene – even if the other driver has fled. Document as much as possible – take photos, get the names/contact information of any witnesses, write down your own recollection.

Also, it is never too early to contact an injury lawyer. If you’re a spouse or parent, you may take this initiative on behalf of someone who is incapacitated as a result of the crash. This will help ensure you’re doing everything by the book, preserving the best possible chance at full and fair compensation.

The next step is to file the insurance claim. But while Florida no-fault crash claims can often be fairly easily resolved by filing a claim with one’s own insurer, motorcycle accident claims are likely to be a bit trickier. That’s because you’ve got to establish fault in order to collect from the other driver’s insurer. Insurance companies are not often quick to concede this point, if they can avoid it. Working with an injury attorney helps ensure you’re following all the proper steps and that you have the necessary evidence to (hopefully) avoid a drawn-out process that could entail litigation. If/when you do talk to the insurer, do not try to explain the accident, assign blame, admit any guilt/wrong=doing or discuss the details of your injuries. Some information will need to be provided to the insurer, but it’s best to strictly stick to the facts. Let your attorney do this, if you can help it.

Next, the insurance company may offer you a settlement – part for property damage and part for bodily injury. If the injuries sustained were serious, it’s wise to have an attorney look over the terms before signing anything. Once you sign this document, you may be forfeiting your right to pursue any further claims. You won’t be allowed to go back and try to negotiate for a higher settlement. That’s why this part is important.

If the insurer doesn’t agree to pay/or you decline the offer as unreasonable, the case may proceed to litigation (a lawsuit). This decision should only be made after careful review of the facts by your attorney. From there, settlement negotiations may continue all the way up until just before a verdict.

You generally have four years from the date of a crash to pursue a personal injury claim and two years in which to pursue a claim for wrongful death. Other factors could impact that timeline, so it’s best to talk to an injury lawyer if you have any questions.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Motorcycles, Traffic Safety Facts, September 2021, NHTSA

More Blog Entries:

Why Are There So Many Bicycle Accidents in South Florida? Feb. 15, 2022, Fort Lauderdale Motorcycle Accident Lawyer Blog

As our Fort Lauderdale personal injury lawyers can explain, this could impact how we as attorneys approach settlement negotiations.

The case that kickstarted the dispute in Gallardo v. Marstiller is a tragic one. A 13-year-old girl has been left in a persistent vegetative state after she was hit by a truck while getting off a school bus. She received a settlement of $800,000 against the owner of the truck, the driver, and the school board. (The cost of catastrophic injuries like this for someone so young can easily stretch into many millions of dollars over her lifetime.)

But then, the Florida Agency for Healthcare Administration imposed a lien on her settlement money, asserting that it was entitled to seize $300,000 of the money that was set aside for past and future medical expenses. The district court in Florida ruled against the state, arguing the federal Medicaid Act barred the state from being reimbursed for past paid medical expenses from the portion of the settlement that is set aside for future medical expenses. In the summer of 2020, the U.S. Court of Appeals for the 11th Circuit reversed in favor of the state’s action.

It was appealed to the U.S. Supreme Court, which heard oral arguments in January and is expected to rule in the coming months.

This was expected to be a fairly straightforward question of statutory interpretation on what state Medicaid programs should receive from third-party litigation – but the high court was surprisingly divided. Most justices appeared to agree that where the state had paid for injuries that the beneficiary suffered, it had a right to take from the part of the settlement/damages that is apportioned to past medical expenses. The problem arises, though, when the settlement reached for past medical expenses isn’t actually enough to repay Medicaid for what it paid. So then is the state also allowed to take part of the settlement set aside for future medical expenses?

Federal statutory guidance on this is a bit confusing. For starters, Medicaid is responsible for paying medical expenses. It does not loan money so they can be reimbursed later. So for the most part, the state isn’t allowed to recover its expenses from the person who was injured. But the game changes when a third-party was responsible for the injury and thus is liable to pay for the injured person’s expenses. In that instance, the state can seek reimbursement from that third party, per 42 USC 1396k(a)(1)(A). The way that statute is worded though, it might seem to allow for collection for past payments from a future medical expense fund. However, a bit further down, the provision seems to indicate a narrower definition.

The justices focused a lot of analysis on the statutory language. Several of their initial comments seeming to suggest that the language supports the state’s view that it can collect on all medical expense payouts, whether for past or future medical expenses, up to the amount the state has paid. However, as the discussion progressed, a number of the justices seemed to be dissatisfied with the broad implications of the state’s legal interpretation. By all accounts, Sotomayor appeared firmly against the state’s position, but how the other justices will decide is still up in the air.

Although it’s understood that the state has the right to subrogation and recovery of payments it’s already made, the broader interpretation could require personal injury lawyers representing Medicaid-covered clients to negotiate for higher reimbursement of damages dedicated to all medical expense reimbursements.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources: SCOTUS Hears Arguments on Florida Medicaid Reimbursement Dispute, Jan. 21, 2022, SCOTUS Blog More Blog Entries: What if the Driver Who Hit Me Was Not Insured?, Aug. 15, 2021, Fort Lauderdale Injury Lawyer Blog

Bicyclists remain among the most vulnerable road users on South Florida streets. The National Highway Traffic Safety Administration (NHTSA) reports in its latest analysis of the issue that of the 856 bicyclists who died in the U.S., 161 of them lost their lives on Florida roads. The only other state that even comes close is California, a state with nearly double our population that reported 131 fatal bike crashes. Of the 3,183 total traffic deaths reported in the Sunshine State in a single recent year (third only to California and Texas), 5.1% of those were bicyclists. The national rate is 0.26%. Delaware technically has a higher percentage rate in this regard, but had 7 total bicyclist deaths that year, compared to our 161. Plus when factoring population, our rate is higher.

This is not a badge we wear proudly by any means, and of course every preventable crash death is one too many – no matter where it is. But our Fort Lauderdale injury lawyers know that this recurring fact does beg the question: What is Florida doing wrong? This question is particularly poignant in areas like Fort Lauderdale, Miami, Tampa-St. Petersburg, Orlando, and Jacksonville, where rates are the highest.

A huge part of the problem is that motorists are too distracted and drive too fast. These two factors alone lead to so many avoidable tragedies involving cars vs. bicyclists (and cars vs. pedestrians, for that matter).

While there has been some forward movement on important state legislation attempting to address these issues (the distraction element, at least), sometimes the laws already on the books aren’t properly enforced – if most drivers are even aware of them in the first place. For example, F.S. 316.083 requires motor vehicle drivers to give bicyclists at least 3 feet of clearance before overtaking and passing them. Many simply do not do this, and often face little-to-no consequence for it. Some chalk this up to the overarching cultural attitudes about bicyclists. As a bicyclist advocate was recently quoted saying in the Florida Phoenix, “Out west, bicycling is seen as just another legitimate form of transportation. … But in Florida, the majority of elected political leaders don’t understand that bicycling is just a slow-moving vehicle on the right of way. That’s all it is, and as a result we have motorists who… are engaging in flat-out dangerous driving behavior.”

It doesn’t help that our streets were designed and built after WWII and almost exclusively for fast-moving motor vehicle traffic. America as a whole hasn’t done a great job of creating a system of transportation that is great for walking and biking or even public transport, but Florida has done an especially lousy job – something state officials have publicly acknowledged. Specifically, they’ve created urban streets that look a lot like rural highways, with wide lanes, high speed limits, and no protected bicycle lanes or often even sidewalks.

The state has taken some steps to change this, with the Florida Department of Transportation not long ago adopting 8 context classifications to direct road designs decisions as part of a Complete Streets initiative. The system instructs transportation planners and engineers to weigh existing and future characteristics of a specific area, including multiple land uses and street connectivity to ensure roads are designed to accommodate all road users and trip types. A road designed for bicycle-friendly traffic is going to include things like narrower car lanes, designated bicycle lanes, lower vehicle travel speeds, on-street parking, and pull-offs and safe intersections.

But as the most recent NHTSA report reveals, these changes can’t happen soon enough. In addition to the more than 840 bicyclist deaths reported in the October 2021 report, there were also nearly 50,000 bicyclists injured – a 54 percent increase over the previous year. Fatalities for cyclists were significantly higher in urban areas, which is where 78% of them were reported.

If you’re injured or a loved one killed in a Fort Lauderdale bicycle accident, it is critically important that you promptly consult with an experienced injury/wrongful death attorney. Options for compensation can be limited by the fact that cyclists aren’t required to carry personal injury protection (PIP) coverage that is mandated by motor vehicle operators. If you do have PIP, you can use that for up to $10,000 in compensation. If not, the driver’s PIP coverage may kick in, regardless of fault. However, if your injuries are more severe than that, you may need to file a claim for damages with the at-fault driver’s insurer. If that driver doesn’t have insurance, only has minimal coverage, or didn’t stop at the scene of the crash, you may look into filing a claim with your own uninsured/underinsured motorist coverage carrier. Our dedicated injury lawyers are committed to helping you explore all potential angles for compensation.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Traffic Safety Performance Measures for Florida

More Blog Entries:

How Fort Lauderdale Pedestrian Accident Victims Can Obtain Compensation for Injuries, Jan. 15, 2022, Fort Lauderdale Bicycle Accident Lawyer Blog

Working with an experienced Fort Lauderdale injury attorney helps ensure you’re leaving no opportunity for compensation off the table.

Fort Lauderdale Pedestrian Accident Statistics

Walking is dangerous business in South Florida, the state that ranks No. 1 in pedestrian deaths in the United States, according to thinktank Smart Growth America.

There have been nearly 1,700 pedestrian deaths just in South Florida between 2010 and 2019, which works out to about 2.8 deaths per 100,000 residents. The Miami-Fort Lauderdale-West Palm Beach region of Florida ranks No. 13 in the nation for pedestrian danger, but Florida holds 7 of the top 10 most dangerous places for pedestrians (Orlando, Palm Bay, Daytona Beach, Sarasota, Tampa, Lakeland and Jacksonville). Cape Coral-Fort Myers ranks No. 11.

Smart Growth America uses a Pedestrian Death Index to rank metro areas and states. The analysis measures how deadly it is for people walk there based on the number of people struck and killed there while walking compared to the percentage of individuals who routinely walk as part of their work commute. south Florida’s PDI was 172. Orlando, which ranked No. 1, had a PDI of 295. Florida overall had a PDI of 201.

Those at highest risk for Fort Lauderdale pedestrian accidents included:

• Older pedestrians (those who may have challenges hearing, seeing, and moving).
• People of color (Blacks were killed in pedestrian accidents at a more than 80 percent higher rate than White, non-Hispanics).
• Pedestrians in lower-income neighborhoods (often where there are fewer crosswalks, sidewalks, and slower speeds).

How a South Florida Injury Lawyer Can Help

As mentioned before, Florida requires PIP coverage as the first resource to which traffic crash victims can turn. PIP is coverage every driver is supposed to carry, and it provides up to $10,000 in damages (medical expenses and a portion of lost wages) regardless of who was at-fault.

Some pedestrians carry PIP because they are also drivers who just happened to be walking at the time of the crash. PIP can cover household members (as will often apply to children, teens, and young adults living with their parents, etc.). However, if the pedestrian is not covered by their own PIP, the driver’s PIP carrier should provide them with this coverage – even if the pedestrian was at-fault for the crash.

But pedestrian injuries are often quite serious, and $10,000 only scratches the surface. Florida requires anyone wishing to step outside the no-fault system to pursue a claim against an at-fault driver have injuries that meet the serious injury threshold criteria, as spelled out in F.S. 627.737.

However, let’s say the driver was not identified, does not have insurance, or does not have enough insurance to cover your damages. Your primary option at that point is likely your own uninsured/underinsured motorist (UM/UIM) coverage. This is optional coverage that comes standard with most auto insurance policies, and it extends coverage to you if the at-fault driver is not identified, doesn’t have insurance, or lacks adequate insurance to compensate you for your injuries.

If you do not have UM/UIM coverage, your options from there may be limited to your own health insurance coverage, unless there are potential third parties who may be liable.

Initial consultations with an experienced Fort Lauderdale pedestrian accident attorney can help protect your rights and ensure you are exploring all viable legal avenues.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Dangerous By Design 2021, Smart Growth America

More Blog Entries:

Mistakes When Dealing With an Insurer After a Fort Lauderdale Car Accident, July 1, 2021, Fort Lauderdale Injury Lawyer Blog