Broward car accident lawyer

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

December 8, 2023

Broward Injury Lawyer on Car Accident Dangerous Instrumentality Doctrine

By Ansara Law Personal Injury Attorneys

One of the more unique elements of Florida injury law is the dangerous instrumentality doctrine. It essentially allows the owner of a vehicle to be held legally responsible for damages inflicted by negligent operation of that vehicle, even if it wasn’t the owner who was driving. As a Broward injury lawyer can explain, it’s an important path to compensation when a negligent driver is young, poorly insured, and/or lacking in personal assets.

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. Continue reading

January 10, 2023

Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations

By Ansara Law Personal Injury Attorneys

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?

May 1, 2021

Florida No-Fault Car Accident Law Veers Toward Exit

By Ansara Law Personal Injury Attorneys

Florida lawmakers are looking to ditch the decades-old no-fault car insurance law that has dictated personal injury recovery from crashes since the 1970s. As our Fort Lauderdale car accident lawyers can explain, the new law, if signed by Gov. Ron DeSantis, will do away with requirements to purchase no-fault personal injury protection (PIP) coverage and instead require bodily injury liability coverage. Ultimately, this will fundamentally change the way we pursue damages in Florida car accident cases. Florida car accident lawsuit

Both the Florida House and Senate signed off on SB 54, a bill subject to substantial back-and-forth to close out the end of this legislative session.

Current law requires all vehicle owners to purchase PIP that covers $10,000 for their own medical, disability and funeral expenses if they’re hurt in a crash – regardless of fault. But as any Florida car accident attorney will tell you, $10,000 isn’t nearly enough to cover healthcare costs after most accidents. (The amount hasn’t changed since 1979.) Besides that, only $2,500 is available if injuries don’t require emergency treatment. Furthermore, PIP isn’t always as easy to obtain as it should be, and many injured motorists need assistance from an attorney to ensure they’re fairly compensated. The only way to step outside the no-fault system and pursue compensation from the at-fault driver is if one’s injuries meet or exceed the serious injury threshold, as outlined in F.S. 626.737. Continue reading

November 1, 2019

Florida Wrongful Death Lawsuits Focus on Alleged Tesla Design Flaws

By Ansara Law Personal Injury Attorneys

Motor vehicle manufacturing and design defects can’t be overlooked as possible catalysts in fatal or injurious Florida car accidents. The National Highway Traffic Safety Administration reports there were 30 million vehicles recalled last year, down just slightly from the 29 million the year before, though a significant drop from the record-high 50 million recalled in 2016. A quarter of the cars recalled haven’t been repaired, and these figures don’t include the vehicles with defects not yet identified/admitted by manufacturers. Fort Lauderdale car accident lawyers

Fort Lauderdale car accident lawyers can explain that when a vehicle defect or defective vehicle part plays a role in a crash or exacerbation of injuries, product liability claims may be filed against the auto maker.

Tesla is among the latest to come under intense scrutiny after a number of serious injuries and fatalities resulting from a range of alleged defects that plaintiffs in numerous injury and wrongful death lawsuits say rendered their electric cars unreasonably dangerous. Continue reading

December 20, 2018

Police Reports Can Impact a Florida Car Accident Injury Claim, But Aren’t The Last Word

By Ansara Law Personal Injury Attorneys

Police and other law enforcement investigators play an integral role in your Florida car accident injury claim. As Fort Lauderdale injury lawyers can explain, a traffic crash investigator provides a credible, unbiased and third-party documented observation of details like the date, time and location of an accident, names and contact information of everyone involved, description of injuries documented at the scene, descriptions of vehicles – down to the license plate and VINs. Investigators also provide details about any potential crash causes they may note, statements from witnesses and, if possible, those involved, road and weather conditions noted at the time of the collision and the nature and extent of any damages to personal or public property. They may even take photos or clips of video footage and sometimes in serious crashes or those involved in a DUI or other criminal investigation will continue to gather evidence even after they have left the scene. Fort Lauderdale car accident injury lawyer

Sometimes, citations for traffic violations will be issued, with conclusions drawn about who was at-fault for the Florida car accident.

But while police reports can be very persuasive and valuable in a crash case, they aren’t the only evidence considered, nor are they generally deemed the last word in any crash case. (In fact, the crash report itself is generally considered “hearsay,” and can’t be presented as evidence at trial absent the testimony of the officer who wrote it.) Continue reading