Broward car accident attorney

January 8, 2024

Why Broward Car Accident Lawyers Are Reluctant to Represent Both a Driver & Passenger

As Broward car accident lawyers, we may be able to represent more than one person involved in the same car accident – but only when there is no conflict of interest between them. The problem, however, is that not all conflicts of interest are immediately apparent.

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

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

August 12, 2018

Florida Bad Faith Insurance Verdict Against Auto Insurer Affirmed

By Ansara Law Personal Injury Attorneys

A $3 million Florida bad faith insurance claim was affirmed recently by the U.S. Court of Appeals for the 11th Circuit, which found the auto insurer refused to tender its $250,000 policy limits to a plaintiff, even though it was well-established her injuries were clearly in excess of that. Broward car accident attorney

As our Broward car accident attorneys can explain, bad faith insurance, as outlined in F.S. 624.155, occurs when an insurer either unreasonably refuses to pay or properly investigate a claim (first-party) or when an insurer unreasonably fails to defend, indemnify or settle a claim within policy limits or investigate for a different party (third-party). As outlined in the 1995 Florida Supreme Court case of State Farm Mut. Auto. Ins. Co. v. Laforet, an insurer’s duty of good faith involves the duty to refrain from acting solely on the basis of their own interests in settlement.

Claims for bad faith are separate and apart from the original negligence claim that is filed for crash liability, and can result in plaintiffs being awarded triple their actual damages. Continue reading