Car Accident Lawyers Serving Fort Lauderdale and Nearby Areas of Florida
Hiring a Fort Lauderdale car accident lawyer is essential if you are seriously injured in a crash. Your Personal Injury Protection (PIP) insurance doesn’t cover all the costs associated with accident-related injuries. Bernheim Kelley Injury Lawyers can fight for Real Justice in your car accident case.
Car accidents can change your life in a flash. You’re driving down the road or stopped at a red light, and suddenly your car is violently hit, sending shock waves through your body. The physical, emotional, and financial impact on your life cannot be understated.
If you’ve been injured in a car accident, it’s likely to take a toll on your well-being. Recovering from such a traumatic event is challenging enough without having to worry about legal issues.
That’s why it’s so important to hire an experienced Fort Lauderdale car accident lawyer who can capably handle the legal matters to allow you to recover both physically and financially. You can count on Bernheim Kelley Injury Lawyers to “Keep It Real,” exploring all legal avenues and pursuing the maximum compensation you deserve.
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Why Choose Bernheim Kelley Injury Lawyers?
If you’ve been injured in a Fort Lauderdale car accident, the attorneys at Bernheim Kelley Injury Lawyers are ready to represent your interests. We offer a FREE consultation and operate on a contingency fee basis, so you owe us nothing until we secure a financial award on your behalf.
Clients of Bernheim Kelley Injury Lawyers can expect the following:
- Real Advocates: Our lawyers genuinely care about clients’ well-being, placing an emphasis on earning their trust and understanding their needs. This gives us the ability to provide better legal services and truly advocate for our clients’ best interests.
- Real Experience: We have in-depth knowledge of the complexities of personal injury law. This, combined with decades of experience preparing cases for trial and taking them to court, enables us to achieve favorable outcomes for our clients.
- Real Justice: Bernheim Kelley Injury Lawyers has recovered more than $1 billion in verdicts and settlements. Each victory is more than a testament to our skill; it represents peace of mind for someone who has been seriously injured or lost a loved one.
When we meet with you, we’ll review your case and lay out your legal options. Give our law firm a call at (954) 866-1111 and get the answers you need. Let us show you how our accident lawyers can help you after your car accident. We can accommodate phone meetings, video conferences, or in-hospital visits in the Fort Lauderdale area.
Everyone at our firm understands that personal injury cases are about much more than legal matters; they are about people’s lives. We pride ourselves on providing personalized attention and excellent legal guidance to our clients.
Don’t hesitate to contact us today. You owe it to yourself and your family to do everything you can to get the financial resources you need to effectively recover.
Do I Need a Lawyer After a Car Accident in Fort Lauderdale?
Yes, we strongly recommend that you consult a Fort Lauderdale car accident lawyer as soon as possible if you or someone you love has been involved in a crash. People in Florida often assume that Personal Injury Protection insurance will cover everything, but this isn’t always the case.
Top reasons to hire a car accident lawyer in Fort Lauderdale include:
- Insurance companies are NOT on your side: Even “your” PIP insurer is more concerned with the bottom line than your well-being, and the other driver’s insurance company is unlikely to be helpful. Hiring a car accident lawyer is crucial for protecting your rights.
- Minor collisions can have major repercussions: Downplaying the seriousness of a collision is a mistake. A seemingly “minor” fender-bender can lead to neck and back injuries with debilitating long-term effects. Seek medical attention to gain a full understanding of your injuries, then speak to a knowledgeable attorney.
- Proving fault: Establishing fault for the accident is critical, even in a “no-fault” state like Florida. If you were seriously injured or a family member lost their life, you will need to prove that someone else was at fault for the crash. Car accident lawyers will collect all available evidence, review the police report, and speak with experts on your behalf.
- Not settling for less than you deserve: Car accident settlement negotiations are tricky. Insurance companies often take advantage of claimants’ inexperience and desire to move on with their lives to offer less than their case is worth. A car accident attorney will know how to negotiate on your behalf and obtain a fair settlement offer.
- Filing a lawsuit and taking your case to trial: Ultimately, most car accident claims settle without the need for litigation. If this doesn’t happen in your case, you need an advocate who can explain when it may be necessary to sue, file a claim with the appropriate court, and get ready to present a strong case in court.
Bernheim Kelley Injury Lawyers has represented countless car accident victims in settlement negotiations and at trial. We provide the highest caliber of legal representation and support throughout the entirety of your case.
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Fort Lauderdale Car Accident Statistics
Whether you’re a full-time resident, part-time resident, or tourist who frequents Fort Lauderdale, you’ve spent time driving around our major roadways like US-1 or Broward Boulevard. You are aware of the remarkable traffic during rush hours.
Fort Lauderdale has approximately 185,000 residents. During the season between November and May, our traffic is commensurate with a much higher population—which unfortunately means a higher rate of accidents.
In 2022 alone, the State of Florida reported 397,620 traffic crashes. More than 10% of these accidents occurred in Broward County, resulting in 288 deaths and almost 25,000 injuries.
Fort Lauderdale has a very bad reputation for road safety. It is listed fourth in the top 25 most dangerous cities to drive in Florida. This is largely attributable to the high rate of fatal accidents in Fort Lauderdale, which is two and a half times higher than the national average.
What Are the Most Common Causes of Car Accidents in Fort Lauderdale?
The reasons car accidents happen are numerous and varied. Accidents in Fort Lauderdale happen for many of the same reasons as accidents across the country.
The causes we most often see are:
- Driving under the influence of drugs or alcohol (DUI)
- Speeding
- Aggressive lane changes
- Distracted driving
- Not maintaining a safe distance between cars (tailgating)
- New or inexperienced drivers
- Texting or using the phone while driving
- Reckless driving
- Drowsy or fatigued driving
- Multi-car collisions
- Insufficient vehicle maintenance
- Road construction and detours
- Weather conditions
At Bernheim Kelley Injury Lawyers, we’re familiar with the many causes of car accidents, and we know how to evaluate your case based on how it happened and who is liable. Don’t trust your case to just any law firm. Having the right legal team can be a game changer.
Complexities of No-Fault Insurance Laws
Florida operates under a no-fault insurance system, which generally removes the question of fault and requires drivers to turn to their own insurance to cover their injuries. This is true no matter who was liable for causing the accident.
Florida law requires that drivers carry insurance coverage that includes “Personal Injury Protection” or PIP. This protection includes a payout for economic damages—those that are financially quantifiable, such as medical expenses—but does not cover more subjective, non-economic losses such as emotional distress.
That said, there are exceptions to this rule.
If the injuries are especially severe and meet the legal threshold of what constitutes a serious injury, you can file a third-party claim against the other driver and sue for non-economic losses unavailable through PIP.
So, what is the threshold for serious injuries? The criteria are as follows:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
Furthermore, if the severity of your injuries does not meet this threshold but your overall expenses surpass the $10,000 minimum PIP coverage, you can sue the other driver to recover the difference. Damage to property is not required to be recovered through PIP either, so you can file against the other driver for vehicle damage as well.
To learn more, check out our blog post Is Florida An ‘At-Fault’ or ‘No-Fault’ State? And What Does That Mean?
Proving Liability for a Car Accident
If you have a viable third-party claim, you will need to prove negligence on the part of the other driver and/or another party. There are four key elements in any negligence claim:
- You were owed a duty of care. All drivers are required to obey the rules of the road and exercise sound judgment behind the wheel. This point should be fairly easy to prove.
- The duty of care was breached. The evidence must show that the driver failed to uphold the duty of care in some way. Actions such as speeding, texting and driving, running red lights, and illegal turns are all common examples of how motorists breach the duty they owe to other drivers.
- Negligence caused your injuries. A clear connection must be drawn between the negligent actions of the other driver and the accident that led to your injuries.
- You suffered damages due to the accident. Finally, you need to establish that you (a) suffered injuries in the crash and (b) incurred damages as a result. Compensable damages in a third-party car accident claim may be economic and non-economic in nature.
Most car accident claims are brought against the driver of the other vehicle, but that is not the only potential defendant in your case. A Fort Lauderdale car accident lawyer will investigate thoroughly and identify any additional at-fault parties. These may include:
- The owner of the vehicle: If the driver did not own the vehicle involved in the accident, it is important to determine any negligence on the part of the owner. For example, vehicle owners may be held liable for entrusting their vehicle to an unsuitable person.
- A company or corporation: Employers may be held liable for negligence on the part of an employee who was driving for work, as well as their own negligent actions (such as improper hiring practices, failure to supervise drivers, etc.). These issues are common in accidents involving commercial trucks, buses, taxis, rideshare vehicles, etc.
- Vehicle manufacturers: Any vehicle involved in an accident should be inspected for design safety issues, defective components, etc. You may have a product liability claim against the manufacturer if a vehicle defect contributed to your injuries.
- Mechanics and maintenance companies: Negligent maintenance and repairs can make a vehicle unsafe to operate—sometimes without the driver’s knowledge. Service and repair records should be scrutinized for negligence on the part of a mechanic, service center, or other third party.
- Government entities: Unsafe road conditions can increase the risk of accidents. Generally, local and state government agencies are responsible for road safety. Claims may be brought against these entities if an investigation of the accident shows that negligence was a contributing factor.
At Bernheim Kelley Injury Lawyers, we leverage our vast experience in personal injury law to provide superior advocacy for clients after a car accident. We look at the unique circumstances involved to build the strongest claim possible against those responsible and seek maximum compensation from all liable parties.
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Types of Car Accident Injuries That Allow You to Collect Compensation
Our Fort Lauderdale car accident attorneys will fight to get you compensation for all your accident-related injuries. At Bernheim Kelley Injury Lawyers, we’ve seen all kinds of car accident injuries over the years. The most common are:
- Traumatic brain injuries
- Spinal cord injuries
- Whiplash
- Soft tissue trauma, including damage to the muscles, tendons, and ligaments
- Broken bones
- Chest and abdominal injuries
- Bruising/contusions
- Herniations and ruptured discs
- Closed head injuries
- Injuries to the extremities, particularly the wrists, arms, knees, and ankles
- Burns
- Scrapes and cut from shrapnel and other projectiles
- Amputation/loss of limb injuries
Medical expenses for these injuries could be significant, depending on their severity. We understand the financial burden this brings, and we know it puts you under a great deal of stress. Rest assured, a Fort Lauderdale car accident lawyer at Bernheim Kelley Injury Lawyers will do everything possible to maximize your financial award.
What Is the Average Settlement for a Car Accident in Fort Lauderdale?
While every case is different, the average settlement after a car accident in Fort Lauderdale ranges from $10,000 to $60,000. Depending on your injuries and the circumstances surrounding the accident, that amount could be much greater. Another factor that comes into play is whether you have an aggressive, experienced lawyer who won’t back down or accept a lowball settlement offer.
If the insurance company denies your claim or won’t play fair, our personal injury attorneys aren’t afraid to take them to court and let a jury award your compensation. It’s possible going to court could result in an even larger award. Insurance companies know this and often don’t want to take that risk. Insurance companies are more willing to settle out of court when they know you are being represented by a tough law firm like Bernheim Kelley Injury Lawyers.
Calculating the Value of Your Car Accident Settlement
Multiple factors go into assessing the settlement number after a car accident. Key considerations when determining how much compensation you may be due include:
- Your age and overall health prior to the accident
- Lifestyle factors (e.g., marriage, children, etc.)
- Employment status and the job you had before the accident
- The severity of your injury or injuries—especially if long-term or permanent disability is a factor
- Financial losses you have incurred to date, such as medical bills, lost wages, etc.
- The length of time you have missed from work
- Whether you will be able to return to work or be re-trained for a different profession
- Any ongoing financial losses or damages you will face in the future
- Issues of pain, suffering, mental anguish, and inconvenience (broadly known as non-economic damages)
- The economic and non-economic impact on your family (e.g., loss of relationship with a spouse, inability to contribute to the household, parenting difficulties, etc.)
Bernheim Kelley Injury Lawyers will closely examine all these factors so we can accurately calculate the monetary value of damages. Insurance companies often offer far less than you deserve—at first—but that is why you need to hire a car accident lawyer in Fort Lauderdale.
We always advocate for your best interest in settlement negotiations. In many cases, our firm can settle a case for much more than the insurer’s initial offer without having to go to trial.
What If You Are Hit by an Uninsured or Underinsured Driver?
If the other driver is uninsured, you may have to file a lawsuit to get the compensation you deserve. In some cases, the other driver may not be in a financial position to pay. A personal injury attorney can help you negotiate a viable payment plan to get you the money you need.
If the defendant doesn’t pay according to the payment agreement, there are other options you can pursue, including:
- Garnishing wages
- Garnishing their bank account
- Liens and levies against property
You can also seek to have the state suspend the other driver’s license until the settlement is paid off.
What Does a Car Accident Lawyer Do on Your Behalf?
When you’ve been in a car accident, do not try to navigate the legal system alone. Personal injury law is complex and can often be confusing if you don’t have years of legal education and experience. It’s critical to have a Fort Lauderdale car accident attorney in your corner to give you the best advantage.
At Bernheim Kelley Injury Lawyers, we’ll put the full weight of our knowledge, experience, and skill to work for you. Here are just a few ways we can help:
- Conduct an investigation into the accident
- Gather and review evidence, including crash reports, medical documents, photos, surveillance footage, and witness statements
- Consult with experts, such as medical professionals and accident reconstructionists
- Negotiate with insurance companies to maximize your settlement offer
- If necessary, file a lawsuit and take your case to trial
Call Bernheim Kelley Injury Lawyers at (954) 866-1111 today to speak with a Fort Lauderdale car accident lawyer. We know how difficult it can be to relay the specifics surrounding a traumatic event. Trust us to provide a reassuring environment as we treat you with compassion and dignity and provide real answers to any questions or concerns you may have.
What Am I Entitled to After a Car Accident in Fort Lauderdale?
Compensatory damages are intended to make you whole and allow you to return to your life as it was prior to the accident (to the greatest extent possible). In most personal injury cases, compensatory damages fall into two categories: economic damages and non-economic damages.
What Are Economic Damages?
Economic damages relate to losses that have measurable dollar values. They’re the kind of losses that leave a paper trail like bills, receipts, and invoices. For car accident victims, these damages could include:
- Medical costs
- Therapy, both physical and emotional
- Lost income
- Loss of future earning potential
- Job training
- Medical assistance equipment such as wheelchairs
- Household services
- Transportation during recovery
- In-home nursing care
What Are Non-Economic Damages?
Non-economic damages are for personal losses that are more difficult to calculate and are not easily assigned a dollar figure:
- Loss of a limb
- Emotional distress
- Limitation in mobility
- Disfigurement
- Loss of consortium/companionship
- Visible scarring
- Loss of one or more senses
- Mental distress
- Embarrassment
- Pain and suffering
- Cognitive impairment
What Are Punitive Damages?
In addition to the above compensatory damages, in rare cases, punitive damages may also be awarded. Punitive damages go beyond seeking compensation and are designed to punish the defendant for malicious or extremely reckless actions.
What If My Loved One Was Killed in a Car Accident?
Fatal car accidents are tragically commonplace in Fort Lauderdale. If a member of your family died in an accident due to someone else’s negligence, it is vital to hold the other driver accountable. You and your loved ones may be able to bring a wrongful death claim.
No financial compensation can make up for the loss of someone you love. However, recovering damages can help ease the burdens you face in the aftermath of a deadly accident:
- Lost support and services
- Medical expenses
- The cost of a funeral and burial or cremation
- Lost earnings and income
- Mental and emotional distress
- Loss of companionship
Our car accident lawyers at Bernheim Kelley Injury Lawyers know what damages we can seek on your behalf based on the specifics of your case. We’ll consider all possible sources of compensation and leave no money on the table.
How Long After a Car Accident Can You Sue in Fort Lauderdale?
Florida state law limits the amount of time you have in which to file a claim after a car accident. This time frame is known as the statute of limitations.
For personal injury cases such as car accidents, Florida generally mandates that you bring your case within two years of the date of the accident or the date you first realized you were injured. If the accident resulted in the wrongful death of a loved one, the statute allows two years from the date of death.
While this time may seem long enough, getting started as soon as possible gives you the best chance at maximum compensation. Car accident cases have so many factors that must be considered and building a case can become complex. Gathering and reviewing evidence, drafting documents, contacting witnesses—all these things take time.
There are additional considerations if your accident occurred during your job. In that situation, your accident may qualify for workers’ compensation.
Workers’ compensation is an insurance system subscribed to by employers to cover employee injuries while on the job. The process has its own rules and requirements, which means you could incur delays in a payout if you wait too long.
The sooner you contact an attorney and get started, the more likely it is that you’ll have a strong case you can use as leverage in settlement negotiations. Insurance companies are more likely to offer a fair settlement if they know you have a solid case and are ready to take them to court if necessary. Most insurance companies will do whatever they can to avoid the risk of losing in court and being assessed a large verdict.
What Are the Different Car Accident Types?
According to the Florida Department of Highway Safety and Motor Vehicles, there have been a total of 32,602 accidents in Broward County so far in 2024. These crashes have resulted in 183 deaths and 19,713 injuries.
While high-speed collisions tend to be associated with severe injuries, even a small rear-end collision in a parking lot can lead to a moderate but painful case of whiplash that can require months or years of recovery to heal properly.
Our firm has handled a wide variety of accident claims on behalf of people injured in and around Fort Lauderdale. The most common types of accidents our attorneys see include:
Rear-End Collisions
Whether your vehicle is stopped at a traffic light, a stop sign, or in a line of cars leaving the mall or grocery store, rear-end collisions are by far the most prolific type of crashes in Fort Lauderdale. They are also a leading cause of whiplash, a common injury that often occurs at low speeds.
Sideswipe Collisions
A sideswipe collision happens when two vehicles are heading in the same direction and one moves into the other’s lane, crashing into the side of the other car. This type of Fort Lauderdale auto accident occurs most commonly when a driver changes lanes without using the turn signal or ensuring it’s clear to proceed. Drivers distractedly veering into another lane can also cause sideswipe collisions. Because both vehicles are moving, it can cause one or more drivers to lose control of their cars, causing severe injuries.
T-Bone Collision
These accidents usually occur at intersections when a driver fails to yield the right of way. The results can be devastating to the occupants of both vehicles. T-bone crashes can happen when a driver makes a left turn in front of oncoming traffic or because a driver ignores a stop sign or red light and drove into the intersection without stopping.
Some intersections in Fort Lauderdale and other areas of Broward County have traffic cameras that can help prove fault in a car accident, but this footage is only saved for a short period. Contact a car accident lawyer in Fort Lauderdale as soon as possible to obtain access to time-sensitive evidence that can help support your case.
Head-On Collisions
When two vehicles strike each other head-on, the speed at impact is the sum of the speed of the cars. That means if both cars are driving 35 mph, the impact is the same as a vehicle traveling 70 mph hitting a brick wall. Drivers and passengers can be ejected from the vehicle or suffer injuries from forceful airbag deployments.
Head-on collisions are often fatal. Fortunately, they aren’t as common as other types of accidents in and around Fort Lauderdale, FL.
Motorcycle Accidents
Motorcycles offer no exterior protection for the rider. Almost all motorcycle accidents involve injury to the rider, even at low speeds that would be considered a minor inconvenience between two cars. Even if you’re wearing your helmet and protective gear, it is still possible to be severely injured.
Commercial Truck Accidents
Semi-trucks and 18-wheelers are called “big rigs” for a reason. Their sheer size means accidents where big rigs are involved can result in injuries far more severe than in accidents between two cars.
Commercial vehicles and their drivers are regulated by both the Department of Transportation and the State of Florida. They’re held to specific standards that go beyond expectations for someone operating a passenger motor vehicle.
Truck accident lawyers in Fort Lauderdale are familiar with the requirements for commercial drivers and can determine driver compliance at the time of the crash. Furthermore, they can assess the liability of other parties (such as the trucking company, the company that loaded the cargo, etc.) and pursue legal action against them.
Pedestrian Accidents
People walking or riding a bicycle or e-scooter are at a distinct disadvantage when they come in contact with a car. As is the case with motorcycle accidents, the victim has no outer protection. Consequently, this type of accident is often quite severe and may even result in death.
What Should You Do After a Car Accident in Fort Lauderdale?
The immediate aftermath of a car accident can be confusing and disorienting. However, maintain your composure and take the following steps to preserve evidence in the event you decide to pursue legal action.
All auto collisions are different; therefore, not all of these steps will be applicable. Use your discretion, and make sure that your top priority is the health and safety of you and your passengers.
1. Make Sure You’re in a Safe Location
This could mean staying in your car or getting out and moving to the side of the road. Before exiting your vehicle, make sure that you aren’t putting yourself in harm’s way or creating a hazard for other drivers.
2. Call 911
Call 911 before exiting your vehicle to ensure that police, fire, and EMTs are immediately dispatched to the scene. Making the call before you speak to the other driver will also help you avoid feeling any pressure if the other driver prefers to handle the collision without involving the police. In some cases where there’s severe injury or damage, you could be punished for not contacting the police.
3. Take Photos and Videos at the Scene
If you can do so from a safe vantage point, take photos and videos with as much detail as possible. Try to include damage to the vehicles, injuries to yourself and other parties, debris on the roadway, geographic indicators, and anything else that you believe could help depict the accident.
If possible, provide narration over the video that explains any necessary details. Do not edit or alter your video content and be sure to tell your lawyer that you have it.
4. Exchange Contact Information
Make sure you get contact information and insurance details from the other driver. If the police haven’t arrived at the scene, speak to possible witnesses. Ask anyone who has stopped or was nearby if they saw anything.
If they need to leave the site, ask for their contact information. Witnesses will often leave as soon as they confirm that injuries aren’t life-threatening.
5. Seek Medical Attention
Even if you think you aren’t injured, make sure you get checked out. Some injuries may appear gradually, so obtaining medical records shortly after the accident can help prove the origin and cause of your injuries.
Not seeking care or refusing to let the EMTs at the scene examine you may be used by the insurance adjuster to downplay the extent of your injuries in hopes of reducing the payout.
6. Call Your Insurance Carrier
Be sure to call your insurance company to notify them of the accident. Depending on the terms of your insurance agreement, failing to notify may give them leverage to deny your claim. However, don’t sign anything and do your best to stick to general information regarding the accident. Don’t discuss fault or other details until you’ve talked to an attorney.
7. Talk to a Fort Lauderdale Accident Attorney
At Bernheim Kelley Injury Lawyers, we’re happy to take your call and discuss your case. During our initial consultation, we’ll go through the details of your situation and give you a clear sense of how we can help you get the money you deserve. Hiring us is the best thing you can do for yourself after a car accident in Fort Lauderdale.
Contact Bernheim Kelley Injury Lawyers for FREE Today
What Not to Do After an Accident
Just as there are steps you should take following a car accident, there are also a number of things you should not do if you want to be successful in your accident claim.
If you’ve been in a car accident, DO NOT do the following:
Leave the Scene
Leaving the scene of an accident could be a crime, resulting in a misdemeanor or felony charge. Stop and stay at the scene even if you believe no harm has been done.
Admit Fault
It’s natural after an accident to feel the need to apologize if you think you did something wrong. This is a mistake.
First, you don’t have all the facts yet, so it’s possible the accident wasn’t entirely your fault. Second, any declaration of fault you make can be used by the other driver or by the insurance companies. Always consult an attorney before discussing the accident in any detail or speculating on liability.
Speak to the Other Driver’s Insurance Company
Not all insurance companies act in good faith, so don’t try to handle discussions and negotiations with the other driver’s insurance company without consulting your car accident lawyer. A lawyer can help you determine what to say to the insurance company or even speak to the insurance company on your behalf.
What Evidence Do I Need in a Car Accident Claim?
The evidence in your car accident case needs to establish the basic facts surrounding the crash, who is at fault, the nature and extent of any injuries, and the damages you are entitled to. When you are injured or grieving the loss of a loved one, the thought of gathering all this information might seem overwhelming. Thankfully, a Fort Lauderdale car accident lawyer can handle these challenges for you.
Key pieces of evidence our team will collect on your behalf include:
- Photos of the accident scene, damage to the vehicles, etc.
- Any video footage of the crash
- Statements from eyewitnesses
- Copies of accident reports from the Fort Lauderdale Police Department, Broward Sheriff’s Office, etc.
- Medical records and testimony from doctors, physical therapists, and other professionals
- Documentation of expenses, including medical bills, receipts for medications and equipment, invoices for household services, etc.
- Pay stubs, tax returns, and other documentation of your income prior to the accident
- Testimony from expert witnesses
- Reports on the safety of the vehicle and any defects or negligent maintenance issues
Bernheim Kelley Injury Lawyers takes a hands-on approach to every case. We work with you closely to understand the specific circumstances of the accident. Then, we work with experts across a variety of disciplines to strengthen your case through expert testimony, professional reconstruction of the accident, and more.
The choice of expert witnesses is often critical to the success of an accident claim, especially if the matter goes to trial. With our experience and acumen when it comes to personal injury cases, we have a team of investigative experts to address questions of fault, establish the severity of injuries (including their prognosis), calculate the value of ongoing and future damages, etc. This enables us to overcome the challenges our clients may face and obtain the outcome they deserve.
FAQs about Car Accidents in Fort Lauderdale
The following are answers to “Frequently Asked Questions” (FAQs) from our clients and potential clients. Please keep in mind this is general information. The best way to get a specific answer regarding your unique situation is by contacting Bernheim Kelley Injury Lawyers and speaking with a car accident attorney today.
If you’re injured in an accident, the insurance company will be more than happy to settle with you directly. The adjuster may show up at the accident scene or in the hospital and offer to cut you a check for your medical expenses, lost wages, vehicle damage, and a little extra for your inconvenience.
You will, however, be required to sign a waiver of liability absolving them of further responsibility. Unfortunately, that means once the money runs out, you can’t come back for more—even if more evidence comes to light in your case.
It’s difficult to answer this question given the complications that could arise during negotiations. Settlement negotiations could go on for months or even years. Keep in mind the deadline to file a lawsuit is typically two years; after that, the claim is barred forever. On the other hand, in the case of a lawsuit, you’ll need to follow the guidance and schedule of the courts.
While it’s true that most personal injury claims are resolved without a lawsuit, and even more are resolved before the case goes to trial, this doesn’t guarantee that your case won’t be put through a full trial.
There are many steps between initiating a claim with an insurance company and reaching an out-of-court settlement or final award at trial.
For many years, Florida used the theory of pure comparative fault to assign fault in a personal injury claim. Under this rule, you were entitled to seek compensation even if you partially—or even principally—contributed to the accident. Your final award was simply reduced according to your percentage of fault.
This all changed in 2023, when the Florida Legislature passed several major reforms to the state’s personal injury laws. One of the most significant was the move to a modified comparative fault standard in most personal injury matters.
Under the modified comparative fault rule, you can still pursue compensation for an accident for which you are partly at fault provided you are found to be no more than 50% at fault. Anybody who is found to be 51% at fault or more is now entirely barred from recovering compensation.
Here are a couple of examples to illustrate:
- You were driving over the speed limit when someone failed to yield, resulting in an accident. If your damages equal $100,000 and the decision is that you were 10% responsible, your recovery would be reduced by 10% and you’d walk away with only $90,000.
- Another driver slams his brakes as the light changes to red at an intersection, and you are unable to avoid a collision. It is determined that you were following the driver in front too closely, and therefore 51% at fault. With the new comparative negligence standard, you would not be entitled to any compensation for your injuries, leaving you with $0.
Personal injury attorneys typically work on a contingency fee basis, which means they’re paid from the proceeds of your settlement or award. The fee is calculated as a percentage of the recovered sum.
Attorney fees in Fort Lauderdale are governed by the Florida State Bar Association, which sets the guidelines for contingency fees in personal injury cases. The maximum percentage to which your lawyer is entitled depends on the stage at which the case is resolved and the amount recovered. You should always review the law firm’s fee schedule in advance of hiring them.
Contact Bernheim Kelley Injury Lawyers for a Free Consultation Today
For decades, our Fort Lauderdale car accident lawyers at Bernheim Kelley Injury Lawyers have been providing injured clients with exceptional legal representation. Our efforts have garnered hundreds of millions of dollars for our clients. We have extensive experience in Broward County courtrooms, so you can trust that we know our way around the courts and legal community. The insurance companies know they’ll have a tough time when they go up against Bernheim Kelley Injury Lawyers.
We know that the success of an accident case is measured not only in dollars but in the satisfaction and sense of relief our clients feel. You can count on our car accident lawyers to be accessible, approachable, and 100% transparent in communications. Our team works with you closely to make sure you’re seen, heard, and the case is resolved according to your best interest.
If you’ve been injured in an accident, don’t settle for a lesser firm. Give our law offices a call at (954) 866-1111 today to schedule your FREE consultation. The sooner we get started, the sooner you’ll have the financial resources you need to get your life back.