If you’ve recently been in a Fort Lauderdale car accident, you may be wondering whether this ordeal will eventually wind up in a courtroom trial.
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.
There are hundreds of thousands of Americans who are living their lives with the aftermath of some sort of injury. The U.S. Centers for Disease Control & Prevention reports about 50 million people are treated for unintentional injuries annually. Many of us heal eventually, but some will have some sort of lasting impact. When someone who has a pre-existing injury is injured again, it can complicate any subsequent legal claim. But as longtime Fort Lauderdale injury lawyers can explain, it won’t kill your case – as long as you’re working with a good attorney.
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:
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. Continue reading
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
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.
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.
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:
A woman who suffered a serious injury fall from a boat dock at a Florida beach club condominium had already won her premises liability lawsuit against the condo owners, the boat dock repair company and the condominium complex. But the case was again recently before Florida’s Third District Court of Appeals to determine whether the condo company could be held jointly and severally liable (legally responsible) to pay for the other defendants’ share of the damages. 
In short, the 3rd DCA held yes, they could – or at least part of it.
It comes down to whether the duties a defendant owed to the plaintiff were non-delegable, meaning they can’t be pawned off on another person or entity by contract. Continue reading
The New York Court of Appeals recently considered a case wherein plaintiff alleged injuries sustained as a result of a poorly-maintained, diseased tree was the responsibility of both the property owner and the state. According to court records, plaintiff suffered serious personal injuries when a large branch broke off that tree, which abutted the road, and fell onto her Jeep. The impact caused her to suffer traumatic brain injuries. 
Plaintiff and her spouse sued both the property owner and the state. Against the property owner, plaintiffs alleged there was negligence in the failure to inspect, trim and remove the dead/ diseased tree. As far as the state, plaintiff alleged negligence by Department of Transportation workers for a failure to properly maintain trees along that road or warn drivers of the dangerous along that highway.
Defendant property owner asked to be allowed to introduce trial evidence of the state’s alleged negligence, and also requested a jury instruction on the apportionment of liability for damages between property owner and the state. Plaintiff indicated that while there was nothing preventing the jury from hearing trial evidence tending to show the state was possibly liable for her injuries, but she objected insofar as the jury should not be allowed to apportion fault against the state. (The state could not be ultimately joined in this action because sovereign immunity laws prevented her from prevailing in such action.) Continue reading
Japanese auto parts maker Takata recently pleaded guilty to fraud for concealing defects in millions of airbags sold to consumers throughout the U.S. and across the globe. The Justice Department announced the company will pay $1 billion for this deception, which affected 19 automakers and some 100 million vehicles worldwide. 
Although that sounds like a lot, it’s actually peanuts, given the scope of the fraud in comparison to what other companies have paid for similar offenses. For example, Volkswagon was required to pay $21 billion over an emissions-cheating scandal. Although penalties will include $125 million to consumers, the judge could have imposed as much as $1.5 billion. However, doing so likely would have put the auto maker out of business.
Still, that might yet be on the horizon. In Miami, a U.S. District Judge said the settlement means the pending multi-district litigation can move forward, most likely via settlements before trial. Continue reading
Recently, the North Carolina Supreme Court took on the issue of whether an arbitration agreement can be enforced in a medical contract. In a 4-2 decision, the court ruled plaintiff patient and his wife don’t need to go to private arbitration with the doctor and surgical practice for permanent injuries plaintiff suffered when defendant doctor performed surgery on him eight years ago. 
Plaintiff went to the doctor for repair of a hernia. When he made his first appointment with the surgeon, he was handed a huge stack of paperwork to sign, which defendant doctor’s office routinely presents to new patients, along with other documents, prior to the first time the doctor meets with the patient. Included in that stack of papers was a legal document, known as an arbitration agreement, in which plaintiff signed away his right to have any future disputes with the doctor – including those pertaining to medical malpractice – resolved by a court of law. Instead, any disputes would be handled through a private arbitration firm.
This practice has become increasingly common, and the Florida Supreme Court encountered this very issue with regard to medical malpractice claims in a 2013 case – and reached a very similar conclusion. Continue reading
Work is a dangerous place for many in South Florida, and there are numerous opportunities to get hurt, depending on the field. Falls are typically the most common, but motor vehicles accidents are a significant source of workers’ compensation claims too. Workers’ compensation benefits are typically the only source of money one can get from an employer for a work-related injury. The good news is employees don’t have to prove the company was negligent, but they are usually only entitled to coverage of medical bills and a portion of lost wages. 
Injuries caused by co-workers – even negligent co-workers – usually fall under this exclusive remedy umbrella.
However, if a worker is injured by a co-worker who was not acting in the course and scope of employment, then the injured worker may be able to pursue a claim directly against that co-worker.
This was the situation in Entila v. Cook, recently weighed by the Washington Supreme Court. Although the ruling doesn’t have a direct bearing on cases in Florida, it’s known that state high courts will often look to the rulings set by other state supreme courts in deciding similar cases. Continue reading
Traffic engineers have decided that despite a fatal crash in late September, a Delray Beach intersection won’t be getting a new traffic light after all. However, engineers did recommend moving forward with a number of improvements that were already planned. 
The Sun Sentinel reports the crossing at Federal Highway and Northeast First Street will be updated over the next several months to include:
Broward Injury Lawyer Blog