Broward Injury Lawyer Blog

January 10, 2023

Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations

If you’re exploring whether you need to hire a Broward injury lawyer after a car accident or medical malpractice or slip-and-fall or some other injury caused by another, you may have seen the bookend on Florida injury lawyer advertisements offering “a free initial consultation.” But what does that mean, exactly? What should you bring? What sort of questions are they likely to ask? What should you be asking them? How much should you tell the attorney if you haven’t actually hired them? Broward injury lawyer

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?

December 11, 2022

Broward Pedestrian Accident Lawyers Detail Legal Options for Injuries, Wrongful Death

By Ansara Law Personal Injury Attorneys

Pedestrian accident deaths are a national scourge in the United States. Where other countries have managed to cut pedestrian deaths in recent years, the U.S. has experienced a 46 percent increase over the last decade – rising by 5 percent in just 2020 alone. Last year, Florida ranked No. 2 for pedestrian deaths in the U.S., tallying 899 in 2021 preliminary estimates – a 25 percent increase from the year before and 12 percent of the national total. Broward pedestrian accident lawyer

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. Continue reading

November 18, 2022

How Florida Motorcycle Accident Lawsuits Differ From Other Types of Crash Cases

By Ansara Law Personal Injury Attorneys

Florida is a biker’s dream – long, flat roads, sunny skyways and blissful sea breezes. Not only do a lot of Floridians own motorcycles (about 550,000), but riders from all over the country flock to our roads regularly. (The Insurance Highway Safety Institute reports California and Florida have the largest number of registered motorcycles in the U.S. – and by a large margin.) Broward motorcycle accident lawyer

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: Continue reading

October 8, 2022

4 Most Common Types of Fort Lauderdale Personal Injury Lawsuits

By Ansara Law Personal Injury Attorneys

When we talk about Fort Lauderdale personal injury lawsuits, we’re referring to cases that fall under the umbrella of legal “torts.” As our Broward personal injury lawyers can explain, a tort is an act – or omission – that results in injury or harm to another for which courts can impose legal liability.

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

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

1. South Florida Car Accidents

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

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

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

September 1, 2022

When a Fort Lauderdale Car Accident is Caused by Brake-Checking

By Ansara Law Personal Injury Attorneys

Rear-end collisions are one of the most common types of Fort Lauderdale car accidents, and such circumstances create a rebuttable presumption that the driver in the rear was at-fault. But brake-checking – when a driver purposely slams on their brakes in order to scare or intimidate another driver – can be the basis to refute such claims. Fort Lauderdale rear end collsion

As our Fort Lauderdale car accident lawyers can explain, brake checking is essentially a form of road rage. It can be done in response to someone following the brake-checker too closely, a practice called tailgating. Or it can simply be an aggressive driving tactic intended to annoy or scare the driver behind them for other reasons. The intention is rarely to cause a crash, but that’s a very real risk with brake-checking.

Brake checking is illegal. The Florida law on tailgating, F.S. 316.0895, explains that drivers can’t follow other motorists more closely than is reasonable and prudent. They must also have regard for the speed of traffic and road conditions. Sudden braking is a known potential on any road as hazards can quickly arise or conditions can abruptly change. That’s why the law requires drivers to maintain a reasonable distance from the car in front of them. However, if the driver in the lead intentionally or improperly slams on the brakes or stops, this can be used as evidence to effectively rebut the presumption of rear driver negligence in the event of a crash.

In the 2019 case of Fonger v. Nall, the Florida’s 5th District Court of Appeal noted that if left unrebutted, the presumption in rear-end collisions is that the rear-driver was negligent and at-fault. Rebutting the presumption requires proof of one of the following:

A mechanical failure affecting the rear driver’s vehicle.
A sudden stop by the lead driver.
A sudden lane change by the lead driver.
An illegal or improper stop by the lead driver.

Brake-checking would fall under the second or fourth point here. Continue reading

August 1, 2022

Florida Wrongful Death Lawsuits Bring Closure, and a Safer Future

By Ansara Law Personal Injury Attorneys

Florida wrongful death lawsuits can help families obtain a measure of accountability from those whose wrongdoing took their loved ones from them. But beyond that, they can make the future safer by compelling changes that may prevent someone else from being harmed in the same way. Through all this, it is our hope as Broward wrongful death attorneys, that surviving family members find some measure of peace and closure. Florida wrongful death lawsuits Broward wrongful death attorney

An example of this was seen recently in the $8.2 million Florida wrongful death lawsuit against a bridge operation company facing allegations of negligence in the death of a 79-year-old West Palm Beach bicyclist who died after plummeting from a bridge that was abruptly raised while she was in the midst of crossing it. She’d been just 10 feet away from the edge of the bridge when she fell to her death in the gap. The bridge tender at the time of the incident has been arrested and faces a single count of manslaughter by culpable negligence. (She told investigators she had gone outside to visually check that the bridge was clear before raising it, but video evidence and other testimony have thus far contradicted this, according to local news sources.)

Meanwhile, the decedent’s family filed a Florida wrongful death lawsuit against the bridge tender’s employer, a company called Florida Drawbridges, Inc. Plaintiffs in this case not only sought monetary damages for their lawsuit, but also industry-accepted safety changes to ensure something like this doesn’t happen again to another Florida family. In their filing, the family specifically stated they wanted an outcome that resulted in “change to preclude this preventable tragedy from occurring in the future.”

Ultimately, that’s what they got in addition to the $8.2 million settlement. Among the procedural changes that the defendant drawbridge company agreed to undergo:

Subjecting all bridge tender applicants to successfully pass criminal background checks.
To schedule recertification training with all current bridge tenders.
To facilitate periodic audits of operations with out-of-area supervisors.
To require all bridge tenders to watch a 23-minute video on the decedent’s life, driving home the profound price one family paid because one of its bridgetenders allegedly failed to use due caution.

The family reportedly donated a significant portion of the settlement proceeds – including the creation of an annual $30,000 scholarship that will carry on for the next three decades. As the family’s wrongful death attorney was quoted as saying, the family wanted fundamental changes to be central to this settlement agreement. “At the end of the day, we got those changes. Hopefully at the end of the day, this never happens to another family.”

Damages in Florida Wrongful Death Lawsuits

Proving wrongful death in Florida (as codified in F.S. 786.16 – 786.26) requires evidence that: Continue reading

July 1, 2022

Examining Florida Truck Crash Underride Protections

By Ansara Law Personal Injury Attorneys

Large trucks pose an outsized safety risk on Florida roads, mainly because of the size disparity compared to other vehicles and the fact they frequently travel at such high speeds. But there’s another – often overlooked safety issue that truck crashes present: The risk of underride. truck underride accident

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

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

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

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

June 1, 2022

How Not Wearing a Seat Belt May Ding Your Broward Car Accident Claim

By Ansara Law Personal Injury Attorneys

Florida is a no-fault state when it comes to car accident claims. However, that doesn’t mean you can’t pursue monetary damages from negligent drivers. It also doesn’t mean you can’t be held responsible (at least partly) for your own injuries. The seat belt defense is a good example of the latter, as our Broward car accident lawyers can explain.

Let’s start with the fact that with very few exceptions, seat belts are required by Florida law for all drivers and passengers in motor vehicles.

Florida’s no-fault car insurance law holds that all vehicle owners must carry personal injury protection (PIP) coverage that provides up to $10,000 in compensation for any insureds injured in a crash with that vehicle – regardless of who was at-fault in causing the crash. An injured person can step outside the state’s no-fault PIP system and pursue a claim for additional monetary damages against any at-fault parties IF their injuries meet the serious injury threshold. As set forth in F.S. 627.737, they must prove their injuries – caused by the crash for which the defendant is responsible – resulted in significant/permanent loss of a bodily function, permanent injury within a reasonable degree of medical probability, significant/permanent scarring/disfigurement or death.

It’s worth noting that Florida is recognized as a pure comparative fault state when it comes to negligence claims. Per F.S. 768.81, that means each person/entity can only be held legally responsible to pay for the damages they caused. So for example, if one suffers $100,000 in damages and Defendant A is responsible for 40 percent and Defendant B is responsible for 60 percent, Defendant A will be ordered to pay $40,000 and Defendant B will be ordered to pay $60,000.

But what if one of the people responsible for a plaintiff’s injuries is the plaintiff themself? That is what we call contributory negligence. By way of their own negligence, they contributed to their own injuries. So if you suffered $100,000 in damages – but are 20 percent responsible for your own injuries – the most you can expect to be awarded is $80,000.

That brings us to the seat belt defense. Continue reading

May 15, 2022

Will PIP Cover All My Damages in a Fort Lauderdale Car Accident?

By Ansara Law Personal Injury Attorneys

If you’re injured in a Fort Lauderdale car accident, you may be aware that your first avenue to collect damages is personal injury protection (or “PIP”) coverage. This is state-mandated auto insurance that you pay for that will cover a portion of your medical bills and lost wages if you are injured in a Florida car accident – regardless of who is at-fault. However, as our Fort Lauderdale car accident lawyers can explain, PIP is not likely to cover all of your damages – particularly if it was a serious wreck. That is why if someone else caused the crash (or exacerbated your injuries from it), you will want to explore stepping outside of that no-fault system and filing a claim against the at-fault driver. Fort Lauderdale car accident lawyer

What PIP Does NOT Cover

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

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

April 15, 2022

Pursuing Florida Motorcycle Accident Damages

By Ansara Law Personal Injury Attorneys

A spate of deadly Florida motorcycle accident reports during Bike Week 2022 throws into sharp relief the danger many two-wheeled riders face when taking to the streets of the Sunshine State. The Daytona News-Journal reports there were six motorcycle deaths during the annual motorcycle enthusiast gathering in Daytona Beach this year. Two of those deaths (plus two injuries) occurred in a single crash when a car driver drove into an opposing lane of traffic where a group of motorcyclists were traveling. Fort Lauderdale motorcycle accident lawyer

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

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

What Makes Florida Motorcycle Crashes Different From Others?

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

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

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