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

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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

As a longtime Fort Lauderdale car accident lawyer, I’ve sadly seen viable damage claims undermined because the person involved made some missteps early on. And it’s understandable – you’re traumatized, maybe disoriented, and possibly overwhelmed.

That’s why it’s always a good idea to contact a personal injury lawyer as soon as possible after a crash, particularly one that involves serious injuries. We’ll help walk you through every aspect and fight for you to receive full and fair compensation.

Note that while Florida is a no-fault state when it comes to car accidents, that does not mean you’ll only be dealing with your own insurance. If your injuries are serious and the other party was at-fault, there’s a good chance you’ll be able to step outside the no-fault system and file a claim against the at-fault driver’s insurer.

Top 4 “Don’ts” After a South Florida Car Accident

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1. Don’t drive away. If you panic and leave the scene of an accident, you could be failing to collect key evidence for a future claim. Not only that, it could be a serious crime. F.S. 316.027 makes leaving the scene of a crash involving death or injuries a third-degree felony (at minimum), which carries a 5-year prison sentence. Now this provision is geared toward the at-fault driver in a crash, but the statute does not specify that – in large part because it may be impossible for the parties on scene to ascertain “fault” in the immediate aftermath. Therefore everyone needs to stay on scene. Leaving could substantially undermine if not eliminate your chances at filing a claim, it could open you to criminal consequences.
2. Don’t discuss the crash with others involved. Don’t talk about the crash on the scene with anyone except law enforcement. Statements you make to police after a crash are likely privileged, meaning they can’t be used against you later. (That doesn’t apply to all statements, nor factual findings by the officer.) However, if you talk to someone else about what happened, that person could testify against you. This includes statements like, “I’m so sorry,” or “I just didn’t see you.” It’s a natural inclination of many to apologize to another if they see they are hurt, even if they aren’t the one responsible for that pain. But in the context of a crash, such statements could be used against you later if you try to pursue a claim for damages.
3. Don’t forget to collect information. You may be reeling in the aftermath of a crash, but if you’re able, don’t forget to collect basics from the other driver. These include: Name, address, cell phone number, driver’s license number, license plate number, the name of their auto insurance company and their auto insurance policy numbers. You’re going to need this information for your own insurance company, even if all you do is file a no-fault claim for personal injury protection (PIP) coverage. It’s also a good idea to take some pictures and/or video and get contact information from any witnesses or bystanders.
4. Don’t underestimate how badly you’re hurt. In the aftermath of a crash, you may be running on adrenaline, and therefore “feel fine.” But you could be more seriously hurt than you realize. This is especially true of head injuries and soft tissue injuries. Even if you think you’re Ok, it’s a good idea to get checked out by a doctor as soon as possible afterward just to be sure. The longer you wait between the time of the crash and seeing a medical provider, the lower your chances of proving your injuries were connected to the crash.

DO contact an experienced Broward injury lawyer as soon as possible after a crash, particularly if you’ve suffered serious injuries. The Florida statute of limitation for filing such claims was recently shortened by lawmakers, so it’s important to act as quickly as possible. Even if you aren’t sure whether you have a claim, we can help you determine if you do and what your next steps should be.

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

Additional Resources:

Crash and Citation Reports & Statistics, Florida Department of Highway Safety and Motor Vehicles

More Blog Entries:

Why Broward Car Accident Lawyers Are Reluctant to Represent Both a Driver & Passenger, Jan. 8, 2024, Fort Lauderdale Car Accident Lawyer Blog

Defining a Conflict of Interest

As noted in Florida Rules Regulating the Florida Bar 4-1.7, some ethical conflicts of interest for lawyers exist when:

• The representation of one client would be directly adverse to another.
• There’s substantial risk that representing one or more client would be materially limited by the lawyer’s responsibilities to another client, former client, or third person by a lawyer’s personal interest.

Such conflicts can sometimes be waived if the lawyer believes they can provide competent and diligent representation to all clients, the representation isn’t barred by law, and each affected client gives informed consent.

When Interests May Conflict for Broward Car Accident Victims

When it comes to Broward car accident cases, the most obvious conflict of interest would involve representation of one driver suing another for negligence. That would likely never happen.

Similarly, it’s highly unlikely a Broward car accident lawyer could ethically represent both an injured passenger and the driver being sued for the negligence that caused the passenger’s injuries.

Where the lines become a bit more blurred is when two people in the same crash are suing a third party for negligence that caused both their injuries. For example, it might make sense for two family members injured in the same car accident to hire one lawyer if the other driver was mostly if not entirely at-fault. This is particularly true if you’re a parent of minor children.

However, it’s important to understand that if a driver and passenger suing the same driver for the same act of alleged negligence, a conflict can arise because the money will be paid from the same pot. If the injuries of one person are more severe, fairness would stand to reason that they should get a larger chunk of the money. An attorney representing both clients may find themselves with a conflict of interest because they’re advocating for the maximum payout for each.

Also bear in mind that there are few South Florida car accidents in which one driver is entirely, 100 percent at-fault for the crash. There are often several factors. If you are a passenger in a car with a driver who was just partially at-fault, you may have viable claims against both drivers. In that situation, it would be a conflict of interest for a Broward personal injury lawyer to represent both you and the person who was driving the car you were in.

Florida Bar Ethics Opinion on Car Accident Lawyer Conflicts of Interest

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The Florida Bar Professional Ethics Committee issued an opinion in 2002 that breaks down how Florida personal injury lawyers can determine whether there’s a conflict of interest in car accident cases. The original inquiry came from an attorney asked to represent both a passenger and driver in a lawsuit for negligence and property damage against a third-party driver.

The committee first pointed to a 1993 Florida Supreme Court ruling in in The Florida Bar v. Mastrilli, in which the Court held one attorney could not simultaneously represent both driver and passenger where a passenger is pursuing a damage claim for negligence against the driver.

Similarly, in State Farm Mutual Ins. Co. v. K.A.W., the Florida Supreme Court held that a law firm that represented a driver and passengers against third party insurers and tortfeasors couldn’t later represent passengers against the driver. This was even though the driver had a new lawyer and didn’t object to the passengers’ lawsuit.

Some of the scenarios laid out by the ethics committee:

• If there are no actual or potential claims against a driver by injured passengers, one attorney can ethically represent all parties against a third party, so long as there’s sufficient insurance coverage by that third party. However, if there is not sufficient insurance coverage, the attorney needs to explain the potential conflict of interest and all plaintiffs must agree about the distribution of benefits/recovery amongst themselves.
• If there’s evidence of negligence by the driver in a one-car accident, an attorney can’t represent both the driver and passenger. The only exception might be when a passenger and driver are members of the same family and the driver is uninsured/otherwise judgment-proof. Issues of comparative fault can come into play, though, so lawyers need to be very careful when accepting these cases.
• If the driver and passengers are all injured but evidence shows that the plaintiff driver was partially at fault, there’s a conflict of interest between the driver and passengers and a single attorney can’t represent them all ethically – even with everyone’s consent.
• If the passenger and driver are all family members and the driver is underinsured, uninsured, or otherwise judgment-proof, one attorney can ethically represent all parties against the driver’s UM/UIM policy – but only if the attorney determines it’s not worthwhile or appropriate for the plaintiff to sue the driver. An independent guardian or guardian ad litem may need to be appointed to ensure the interests of any minor children involved are protected.

If there is a situation in which a personal injury lawyers concludes there is a conflict of interest after already taking on the case, they may need to withdraw their representation. This could result in unfortunate delays. It’s worth noting too that because injury lawyers are paid on a contingency fee basis (meaning they aren’t paid fees unless/until they win), they won’t be paid if they need to withdraw representation early. This is why lawyers may be particular about the cases and clients they take on. It’s better for everyone in the long-run if potential conflicts of interest are identified at the outset.

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

Additional Resources:

Florida Bar Opinion 02-3

More Blog Entries:

Understanding Negligent Security at Florida Hotels – Fort Lauderdale Injury Lawyer Insight, Nov. 8, 2023, Fort Lauderdale Accident Lawyer Blog

Recently, the Florida Supreme Court was asked to weigh in on whether a claimant could pursue claims of dangerous instrumentality against two parties – both parents of the driver, one the title holder and the other the “bailee.” The “bailee” is one who gains possession/control of property but does not actually own it. Here, the father of the negligent, 21-year-old driver was the title-holder. The mother was the bailee; she was the primary driver of the car, but both parents frequently permitted their son to drive it as well.

According to court records in Emerson v. Lambert et al., the young man was driving home from dinner when he struck a motorcyclist, who is the plaintiff in this case. The crash was catastrophic, leaving the motorcyclist a quadriplegic.

In the subsequent Florida injury lawsuit, plaintiff named the driver and his parents as defendants, the latter two allegedly vicariously liable under the dangerous instrumentality doctrine.more

Jurors would later hear testimony that while the mother was the primary driver of the car, it was considered a “family car,” and anyone of driving age was free to take the extra key and use the car as needed. On the day of the crash, the young driver said he understood he had both his parents’ general permission to use the car. He was unsure if he’d spoken to his father that day, but he did expressly ask his mother for permission to take the car before leaving. She granted it.

As the trial wound to a close, the mother sought a directed verdict, arguing she couldn’t be liable under the dangerous instrumentality doctrine because the doctrine didn’t support holding family members liable as bailees. The trial court denied this motion, citing the 2000 Florida Supreme Court decision in Aurbach v. Gallina, a prior state supreme court ruling that left open the chance that a family member with identifiable property interest in a vehicle could be held vicariously liable, even if they didn’t personally own the vehicle.

The question of the mother’s liability as the bailee of the vehicle was put to the jury. The instruction was that if the greater weight of the evidence showed that she, as the vehicle bailee, gave her express or implied consent for her son to drive the car, then she should be held liable for his negligence.

The jury decided that as far as the crash itself, the driver was 75 percent liable and the motorcyclist 25 percent liable. It also found that the driver’s father as the car title owner and mother as bailee could be held vicariously liable for his negligence. Total damages were set at $27.4 million. After weighing fault apportionment and medical/social security disability setoffs, that meant a net judgment in favor of the plaintiff at $18.9 million. That amount was reduced to the statutory maximum of $600,000, pursuant to 324.021(9)(b)3, which limits financial damages owed due to a vehicle owner’s vicarious liability.

The mother again sought a directed verdict, as well as a new trial. Both requests were denied, and the case went to the Florida 2nd District Court of Appeal. The appellate court denied the request for a new trial, but reversed the trial court’s ruling on the issue of the mother’s vicarious liability. The court ruled that if a title owner of a car entrusts that vehicle to a family member who in turn inflicts injury on others with the car, the title owner can be vicariously liable. If a non-title-holding family member has a property interest in a car (as a bailee or otherwise) and then entrusts that car to another who causes injury, the bailee can only be liable if the title owner denies liability for that entrustment. That wasn’t the case here, the 2nd DCA ruled. The father/title owner should be vicariously liable for the entrustment.

The case was remanded to the trial court, but the 2nd DCA certified the question to the Florida Supreme Court, which in a split-ruling determined the appellate court ruled correctly. Vicarious liability under dangerous instrumentality doctrine would extend her to the father as the title owner, but not also the mother as the bailee.

Florida is the only state at this point that recognizes the dangerous instrumentality when it comes to vehicle owner liability for driver negligence. But as this case shows, its application isn’t unlimited.

If you’re injured in a Fort Lauderdale car accident, a Broward injury lawyer can explore every possible avenue and fight for maximum compensation.

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

Additional Resources:

Emerson v. Lambert et al., Nov. 16, 2023, Florida Supreme Court

More Blog Entries:

4 Ways Broward Truck Accidents Differ From Other Types of Crash Claims, Sept. 7, 2023, Broward 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

While every case is different, the most probable answer is: No.

That’s not to say it’s impossible. But the truth is, most Fort Lauderdale car accident cases never even become lawsuits – let alone make it all the way to trial.

Why is this? A few reasons include:

• The crash wasn’t that serious. Florida is a no-fault state when it comes to car accidents. All drivers are legally required to carry $10,000 in personal injury protection insurance coverage that will pay for a portion of medical bills and lost wages – regardless of who was at-fault. The whole point of this system is to reduce the number of car accident lawsuits, which have the potential to significantly clog up the courts. That doesn’t mean you can’t sue someone for negligence if you’re hurt in a Florida car accident. However, F.S. 627.737 requires plaintiffs to meet the serious injury threshold in order to do so. That means the crash resulted in one of the following: Significant and permanent loss of an important bodily function; Permanent injury within a reasonable degree of medical probability; Significant and permanent scarring or disfigurement; Death. But even without the serious injury threshold, it’s unlikely that many minor Florida car accident cases would go to trial because it wouldn’t be cost effective. Unless the financial compensation at stake is fairly high, going to the expense and trouble of a trial would make little sense.
• There may not be much in dispute. With many car accidents, it’s often clear who was primarily at-fault. Not always, of course, but if someone runs a red light or rear-ends another car or makes an abrupt lane change, liability for that crash is fairly easy to determine. Lawsuits – and trials – are more of a last resort. Claimants start by filing the insurance claim. You only sue when key issues – such as liability or the amount of damages – are disputed (usually by way of the insurance company refusing to pay what the claimant says they’re owed). Even if one party was clearly in the wrong, the defending insurer may argue the plaintiff was still partially responsible. This is called comparative fault. In Florida, F.S. 768.81 was recently amended to establish a system of modified comparative fault with a 51 percent bar. That means if you’re injured and you were partly at-fault for the crash, you can still collect damages from the other at-fault party – but only proportionate to their own liability. It’s a means of reducing the amount of money the insurer has to pay. If you’re more than 50 percent responsible for the crash, you can’t collect anything at all. If the question of comparative fault is fiercely contested, that can be one reason for litigation. Sometimes cases go to trial solely to determine how much money the plaintiff should receive. But often, an experienced injury lawyer can negotiate a fair payout without needing to resort to a lawsuit.
• Litigation – and especially trial – is expensive. Lawsuits – and especially trials – are costly. Many courts are backlogged, sometimes years. Pretty much every party involved wants to avoid trial if they can. The longer the case drags on, the more the bills pile up – medical invoices, attorney’s fees, expert witnesses, court fees, etc. Plus, both sides lose a degree of power by handing the case over to the discretion of the judge. Sometimes there’s no avoiding that – and it can turn out well for the plaintiff. But usually, both parties can reach a more mutually agreeable, cost-effective resolution if they can negotiate a fair settlement on their own – out-of-court. Ensuring that you DO get a fair settlement, though, requires the assistance of a Fort Lauderdale injury lawyer. The more serious the injuries you sustained, the more imperative it is to hire a lawyer to protect your rights and best interests. If that means a trial – so be it, and you should hire a lawyer who’s prepared for that possibility. However, if they can successfully negotiate a fair settlement without litigation, that’s often to your benefit.
• There’s no case for punitive damages. For the most part, damages awarded in Florida crash cases are compensatory. That means the person injured by another’s negligence is being compensated for the harm caused. Crash victims can claim compensatory damages for things like property loss, medical bills, lost wages, pain and suffering, emotional trauma, loss of consortium, etc. It’s only in rare situations that a plaintiff can sue punitive damages. Such damages compensate the claimant – but the intention is actually to punish the defendant for particularly egregious behavior, such as gross negligence or intentional misconduct. As noted in F.S. 768.72, you cannot pursue punitive damages in a Florida injury lawsuit without permission from the judge. The only time this really comes up in crash cases is when the other driver was impaired. The Florida Supreme Court particularly singled out DUI cases as uniquely qualified for punitive damages in the 1976 case of Ingram v. Pettit.

If you have been injured in a Fort Lauderdale car accident and aren’t sure whether you need a lawyer, we can help answer your questions in a free initial consultation. We’ll offer a frank assessment of the viability and value of a potential case based on the initial facts, and provide you with insight to help you make an informed decision 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:

Ingram v. Pettit, Dec. 9, 1976, Florida Supreme Court

More Blog Entries:

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

For starters, cyclist injuries tend to be far more serious than what you’d typically see in a car crash. No matter who was at-fault, in a bicycle-car crash, it’s always going to be the bicyclist who suffers the most. As noted in the medical journal American Family Physician, the most common bike accident injuries are to the arms and legs (soft tissue injuries like road rash, bruises, and cuts, as well as strains, fractures, and dislocations). However, traumatic head and neck injuries – including skull fractures, intracranial hemorrhaging, and concussions – are cited in most serious bicycle accident cases.

Why does this matter for claims/litigation purposes? Because it raises the stakes. If you are pressured by an insurance adjuster into signing off on a claim settlement right away, you might do so before realizing your claim is worth a whole lot more. This is why it’s really important to talk to a Fort Lauderdale bicycle accident attorney before you sign anything. Even if you think you were at-fault, getting a professional opinion is important when so much is at stake.

Secondly, the laws governing bicycles is slightly different than the laws governing motor vehicles. True, bicyclists have many of the same rights and responsibilities as motor vehicle drivers, but not exactly the same. Bicycles aren’t allowed to be operated on certain roadways. Drivers passing bicyclists on the road must do so only when it’s safe and give them at least three feet of distance.

Another issue that can complicate bicycle accident claims is that cyclists aren’t required to carry insurance the way drivers are. Florida is a no-fault state for car insurance. That means that no matter who is at-fault, both parties are supposed to filer a claim with their own personal injury protection (PIP) insurer. This covers a portion of medical bills and lost wages, up to $10,000. One must sustain serious/permanent injuries to file a claim for bodily injury liability coverage against the other driver. If you are injured in a bicycle accident with a car and you have PIP coverage for the car you normally drive, you can likely file a PIP claim with your own insurer. Even though you weren’t driving, you were still in an auto accident. However, cyclists aren’t required to carry insurance, so not all have PIP. In that case, they can file a PIP claim with the other driver’s insurance company. Insurance filing deadlines for no-fault coverage tend to be short, so you need to take action immediately. An attorney can help you file all the correct paperwork – completely and on time.

If the other driver was at-fault (or at least, more at-fault than you) AND you suffered serious injuries, you can file an injury claim and/or lawsuit against them. If they do not have insurance, you may be able to collect damages from your own uninsured/underinsured motorist coverage carrier.

As an aside, if you are injured in a bicycle accident that did NOT involve a motor vehicle – you might still be entitled to collect damages. If there was a condition of the road, sidewalk, commercial property, or private home that caused/contributed to the severity of the crash, you might be able to file a claim with:

• The local/state government agency responsible for road maintenance.
• The commercial property owner/manager.
• The homeowner/homeowners’ insurance.

Florida Bicycle Accident Statistics

more

There were more than 6,400 reported Florida bicycle accidents in a single recent year, resulting in nearly 200 deaths, 740 incapacitating injuries, and 5,200+ total injuries. That’s according to the Florida Department of Highway Safety & Motor Vehicles. Other reliable sources, like the National Highway Traffic Safety Administration (NHTSA) have been reporting for years that Florida continues to have one of the highest rates of deadly and injurious bicycle accidents. Cyclist deaths account for 5.1% of the total number of traffic fatalities in Florida – a higher percentage than anywhere else in the U.S. The total number of bicyclist deaths is also higher here than anywhere else – by far – which is especially troubling when considering that Florida has fewer people than some of these other states. Florida has nearly half the population of California, and still reported 50 more bicycle deaths in 2020.

Why is this such a problem in Florida?

Some factors that may contribute:

• Tens of millions of people visit Florida every year – many from different states and other countries. Many of them rent cars and drive on our roads, despite not really knowing exactly where they’re going – let alone fully grasping our traffic safety laws. That can lead to more interactions between cyclists and cars.
• Florida has an outsized number of both older and younger drivers. Young drivers, as we all know, are dangerous on the road because of immaturity and recklessness. Older adults tend to be much more careful, but they may have diminished vision, depth perception, and reaction time – all of which can increase crash risk.
• People love biking in Florida thanks to the weather, but as Floridians know well, that can drop on a dime. Afternoon downpours can leave roads slick and dangerous, particularly for cyclists sharing the roadway.

Do’s and Don’ts of Fort Lauderdale Bicycle Accident Claims

If you are injured in a bicycle accident:

• Don’t give a recorded statement to the other party’s insurance agent.
• Do talk to an attorney before signing any insurance company papers, medical releases, or documents.
• Don’t wait more than a week after an accident to see a doctor. In fact, go immediately after if at all possible.
• Don’t exaggerate – or minimize – your injuries to anyone.
• Do provide your doctor with any pertinent information, including any pre-existing conditions you may have.
• Do be honest and upfront with your attorney.
• Don’t discuss your accident or injuries with friends, co-workers, or neighbors – and don’t post anything on social media either.

If you are injured in a Fort Lauderdale bicycle accident, contact an injury attorney whose track record of success in similar cases speaks for itself.

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

Additional Resources:

Traffic Crash Facts, Annual Report 2021, FLHSMV.gov

More Blog Entries:

Will a Pre-Existing Injury Kill Your Fort Lauderdale Injury Claim? June 10, 2023, Fort Lauderdale Bicycle 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

Alarming as these figures are, they aren’t a total shocker. Florida has consistently ranked among the most dangerous places in the United States to travel on foot – and the U.S. is among the most dangerous countries in the world for pedestrians. As noted in the Dangerous By Design 2022 analysis by Smart Growth America, more than 6,500 people were struck and killed while walking in America in 2020 – about 18 daily. In 2021, the total was 7,485 – more than 20 every single day. Four of the top 10 most dangerous metro areas in America for pedestrians are in Florida. We have 7 metro areas in the top 20, with No. 14 being Miami-Fort Lauderdale-Pompano Beach. No. 1 is Daytona Beach.

Contributing factors include:

• Poor road designs. This is especially true for non-interstate arterial highways that prioritize large cars moving at very high speeds at the expense of other types of travelers (particularly in poorer income areas). These account for 15 percent of our country’s roads, but 70 percent of all pedestrian deaths.
• Larger vehicles. SUVs and crossovers account for about 50 percent of the market share for all passenger vehicles sold in the U.S. Average car size is increasing across the board, but Americans have much fewer options for smaller cars compared to their European, South American, and Asian counterparts. Our most popular vehicles increased in average car size by 21 percent from 1982 to 2017.
• Distracted, careless drivers. This has always been an issue, of course, but smartphones and in-vehicle technology have never before been so immersive. Workers, parents, loved ones – we’re all expected to be engaged and in touch at all times, even at the expense of other key tasks – like driving.
• An aging population. Older people in some communities are more likely to walk than drive. They’re more vulnerable to accidents because they move slower and their vision, hearing, and reflexes are not what they once were. And when they are involved in pedestrian accidents, they’re at higher risk of serious and fatal injuries.

Florida, along with California, Georgia, Texas, and Arizona, account for nearly half of all pedestrian accident deaths in the country.

Legal Options in Florida Pedestrian Accident Aftermath

Surviving loved ones of those who have been killed in South Florida pedestrian accidents may face several challenges in pursuing justice – both in the civil and criminal justice system.more

Our dedicated Broward County injury lawyers can provide answers to help you make informed decisions about your next steps.

Every case is different, but some of the potential avenues we will help pedestrian accident victims or surviving loved ones explore are:

• Personal Injury Protection. PIP coverage is a requirement for any motorist in Florida, per F.S. 627.736. It provides up to $10,000 to the insured and their passengers regardless of fault. However, in pedestrian accident cases, a driver’s PIP coverage can also be used to compensate an injured pedestrian – even if they were at-fault. It applies to pedestrians whose body made physical contact with the vehicle. (If you jumped out of the way, it might not apply.) PIP covers a portion of medical bills and lost wages. Unfortunately, about a quarter of drivers in Florida aren’t properly insured. In that case, if the pedestrian has their own PIP coverage, they can probably still use it – even if they weren’t behind the wheel of the car, so long as they were struck by a motor vehicle.
• Serious injury claims for bodily injury liability. Injuries sustained by pedestrians are often quite serious, meeting or exceeding the serious injury threshold required under Florida law to sidestep the state’s no-fault insurance rule and pursue a claim for damages against the at-fault driver for bodily injury liability coverage. The owner of the vehicle (if someone other than the driver) may be held vicariously liable for the driver’s negligent actions.
• Third-party liability claims. Sometimes, it’s not just the driver who is at-fault. If the driver was drunk and underage, you may have grounds for a dram shop liability lawsuit against the person or bar who served alcohol to that driver. You may have a claim against the company that employed the driver, if he/she was working at the time of the crash. Sometimes government agencies can be sued for failure to address a dangerous intersection that had a number of serious safety flaws that had led to prior accidents.
• Uninsured/Underinsured Motorist Coverage. UM/UIM coverage may be paid to a pedestrian if that individual is covered under a UM/UIM policy – even though they weren’t driving at the time of the accident. UM/UIM kicks in when a pedestrian is injured or killed by a driver who does not have insurance, does not have enough insurance to fully compensate for the losses sustained, or who is not identified because it was a hit-and-run (a very troubling – yet common – issue in Florida pedestrian accident cases).’

There may be other potential means of compensation as well, depending on the specific facts of the case. Some types of claims have tight deadlines for filing/making a case. It’s important to discuss the details with an injury/wrongful death lawyer as soon as possible.

If you or a loved one has been seriously injured in a Broward County pedestrian accident, we can help.

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

Additional Resources:

Bad Road Design Is Stoking the U.S. Pedestrian Death Crisis: Report, July 12, 2022, By Eve Kessler, StreetsBlog USA

More Blog Entries:

Why Are There So Many Bicycle Accidents in South Florida? Feb. 15, 2022, Broward Injury Lawyer Blog

The sheer volume of motorcycles in the Sunshine State is part of why the Florida motorcycle accident rate is so high. It consistently ranks at the top of the charts for motorcycle crashes, serious injuries, and deaths. According to the National Highway Traffic Safety Administration, Florida outranks every other state – even California, which has nearly double the population – for the highest number of motorcycle fatalities. There were 600 motorcycle accident deaths reported in Florida just in 2020 alone. California ranked No. 2 with 539. The lack of motorcycle awareness by other motorists as well as Florida’s high speed limits don’t help matters.

But there are several ways in which suing after a Florida motorcycle accident is different compared to other types of crash cases.

Here, our Broward motorcycle injury lawyers explain.

What Sets Motorcycle Accidents Apart From Other Crashes?

There are several unique factors with motorcycle accidents that alter the way personal injury lawyers and wrongful death attorneys approach these cases. A few of those include:more

• Greater injury severity. Right off the bat, motorcycle accidents are inherently more serious. NHTSA reports motorcyclists are 26 times more likely to die and 5 times more likely to be seriously injured in a traffic crash compared to occupants of passenger vehicles. The reason is pretty simple: People on motorcycles lack the physical protective barrier of an enclosed vehicle. What might be a fender bender between two cars becomes a direct hit to someone’s body when one is on a motorcycle. Motorcycle operators and their passengers are more likely by far to suffer catastrophic brain injuries and spinal cord injuries. The severity of the case in turn means the stakes in litigation are much higher. That may incline insurance companies to invest more time and resources into resisting a full and fair payout. Such cases usually require a fair amount of investigation (to learn the full extent of the impact/loss) and lengthy – sometimes tense – negotiations with insurers. When insurers take a hard line, it also means the case is more likely to go to trial. (The majority are ultimately settled before trial, but ideally a fair settlement can be reached before you ever get to the stage of needing to file a lawsuit.)
• Florida motorcyclists do not have personal injury protection (PIP) coverage. F.S. 627.736 requires motorists to carry no-fault PIP coverage, which provides up to $10,000 to the insured after a crash – regardless of who was at-fault. Crash victims are required to tap into this resource first. It’s only if/when they suffer from severe injuries, as defined in F.S. 627.737, that they can step outside that no-fault system and pursue damages against the at-fault driver. Motorcyclists, however, are excluded from PIP coverage requirements. Instead, they are required by F.S. 324.021 to carry insurance or proof of financial responsibility in minimum amounts of $10,000 for property damages, $10,000 for bodily injury/death of one person, and $20,000 for multiple people. If the claim is filed by a motorcycle passenger as a result of the operator’s negligence, this is likely the coverage they’d be making a claim on (as well as their own uninsured motorist/underinsured motorist coverage, if they have any). But if the Florida motorcycle accident injuries were the result of another driver’s negligence, the motorcyclist and/or passenger could directly pursue a claim against that other driver without having to first claim coverage through PIP. If the at-fault driver is uninsured or lacks enough coverage to sufficiently compensate the motorcyclist or passenger for their losses, they may file a claim with their own UM/UIM insurance carrier.
• Road conditions and vehicle maintenance. Poor road conditions like fog/brushfire smoke, heavy rain, fierce winds, debris, dust, etc. often play a role in Florida car accidents. However, motorcyclists are particularly vulnerable because of their smaller size and direct exposure to the environment. Of course, no one controls the weather, but if there is evidence the motorcycle was not properly maintained or equipped, there may be a finding of comparative fault. As stated in F.S. 768.81, one can be held partially responsible for their own personal injuries if they shared part of the blame for what happened. If the motorcycle was not in excellent working order and that played a role in causing the crash or exacerbating the plaintiff’s injuries, the plaintiff could be found comparatively at-fault. Fortunately in Florida, this doesn’t mean you’ve lost your case. It does, however, mean that your damage award will be proportionately reduced. (So if the person injured was 20% responsible, their monetary compensation will be reduced by 20%.) Keeping records to show you’ve made reasonable efforts to maintain your motorcycle may be important in this context.
• Failure to wear protective gear may be factored. Another potential issue with respect to comparative fault is failure to wear protective gear, such as helmets and protective eyewear. Helmets aren’t required for Florida motorcyclists over the age of 21 who carry at least $10,000 in medical benefits. But failure to do so could be used as a basis for a finding of comparative fault if one’s injuries were exacerbated by the decision not to wear one. (Similar outcomes are possible for people in cars who don’t wear seatbelts, which are required for all motor vehicle occupants.) That could mean a substantial reduction in the final damage award.
• Anti-biker bias. This is a subtle issue and not always a significant one, but certainly something we’ve had to contend with on occasion. Negative cultural stereotypes of motorcyclists as reckless and hot-tempered may influence witness statements to police. And while it’s rare for a case to go to trial, if it does, that same bias can be present among jurors. It’s important to have an advocate on your side who will fight to ensure you receive the compensation you rightly deserve.

If you are injured in a Broward motorcycle accident, our dedicated team of motorcycle accident lawyers can help you examine the value and viability of your case to seek financial compensation for the resulting losses.

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

Additional Resources:

F.S. 316.211, Equipment for motorcycle and moped riders