Personal Injury Lawyers Fort Lauderdale, FL

If you have been injured in an accident in Fort Lauderdale, you may be entitled to compensation for your damages. Broward County personal injury law firms work on a contingency basis, which means that you don’t have to pay out of pocket for their professional legal representation. But how do you know which attorney is right for your personal injury case?

1-800-Injured is an attorney and medical referral service that connects clients with experienced, aggressive personal injury attorneys in Fort Lauderdale, FL, and the surrounding areas. Within minutes, you’ll be speaking to a Fort Lauderdale personal Injury lawyer who has specific knowledge about your type of injury case. Call now to speak to a lawyer about your legal claim. 

Elements of a Personal Injury Case

One of the first things a personal injury lawyer will discuss with you is the four elements of a personal injury claim. In order to have a viable case, all four elements must be met.

1. Duty of Care

Whether it’s a driver operating a vehicle, the proprietor of a store, or a doctor providing medical advice, all parties have a duty of care to the people they encounter. What this means is that they have to try to prevent injury to others to the extent of their legal responsibility. 

For example, Florida law requires that drivers pay attention to their surroundings and not allow themselves to be distracted by their phones. This is part of their larger duty of care to the other drivers. 

2. Breach of Duty

The next element that personal injury lawyers look for is the plaintiff’s breach of duty. Just because the owner of a restaurant is required to keep their floors clear of slippery substances does not mean that they somehow breached that duty. However, if they mopped the floor and failed to alert patrons to the slipperier surface, this would be a clear breach of their duty of care.  

3. Causation

A personal injury attorney will then examine the evidence to determine whether the potential defendant’s breach of duty caused the accident. Under Florida law, the plaintiff doesn’t have to prove that the defendant was 100% responsible for the accident, so the attorney will be trying to determine whether or not some portion of the accident was the defendant’s fault. 

For example, if a truck driver is operating their vehicle at high enough speed that their trailer jackknifes and strikes another vehicle, it’s reasonable to say that the driver’s breach of duty caused the accident. 

4. Damages

Damages are the fourth and final element of an accident claim. In order for the plaintiff’s attorney to have a case, they must be able to show that their client suffered a loss. 

While this may seem like a lot for a personal injury lawyer to prove, most accidents have these four elements present. It’s the job of a Broward County personal injury law firm to prove it in court or to establish these elements in such a way that the responsible party is compelled to settle. 

Common Personal Injury Practice Areas

According to the CDC, unintentional injury was the number one cause of death in 2020.

There are attorneys in the 1-800-Injured network who have extensive experience in nearly every area of the law. Here are some of the most common types of Fort Lauderdale accidents. 

Car Accidents 

Car vs. car accidents are prolific in Broward County. According to Florida Highway Safety and Motor Vehicles (FHSMV), in 2021 — the most recent year we have full statistics for — there were 41,381 crashes in Fort Lauderdale and the surrounding cities, 23,071 injuries, and 280 deaths. These numbers do include other types of vehicle collisions, but car accidents tend to be the most prominent type of motor vehicle accidents. The most common types of car accidents include:

• Rear-end Collisions
• Intersection Accidents 
• Sideswipes
• Head-on Collisions
• Single-Car Accidents

If you’ve been injured in a car accident, contact 1-800-Injured right away!

Commercial Truck Accidents 

Because of their massive size and the additional skills that it requires to operate a large commercial vehicle, these types of trucks are subject to enhanced regulations. For instance, the maximum gross weight of a semi-truck is 80,000 lbs, including the load. This still makes them about 20 times the mass of a passenger vehicle. Even at slow speeds, a semi-truck can cause unexpected injuries to the occupants of personal vehicles.

Between Port Everglades and the Florida 595 Truck Stop, Fort Lauderdale is a hub for large commercial trucks. If you’ve been injured in a truck accident, contact 1-800-Injured to discuss your case with a Fort Lauderdale personal injury attorney. 

Motorcycle Accidents 

According to the FHSMV, there are over 40,000 registered motorcycles in Broward, but the actual number on any given day may be much higher. Because motorcycles travel at high speeds and offer very little protection to the rider, motorcycle accidents are much more likely to cause severe injury. 

Pedestrian Accidents 

This category can also include bicycle accidents, motor scooter accidents, skateboarding accidents, etc. When a pedestrian or a rider of one of these types of personal transportation is struck by a vehicle, the results can be catastrophic. Pedestrian accidents almost always lead to serious injuries. 

Ride-share Accidents 

Uber and Lyft may offer a convenient service, but the passengers of these ride-share services are just as vulnerable as other vehicle occupants on the road. If you’ve been injured in a ride-share accident call 1-800-Injured now.  

Boating Accidents 

Fort Lauderdale is also known as the Venice of the Americas due to its complex series of inlets and ocean access canals. Additionally, the entire landscape is dotted with lakes. Port Everglades is also the third largest cruise ship port in the world. With the thousands of ships, boats, and small personal watercraft, like jet skis and waverunners, in our waters, accidents are abundant. Contact 1-800-Injured if you or a loved one has been injured in a boat accident.  

Premises Liability (Slip and Fall)

The owner or proprietor of a premise has the legal obligation to ensure that their facility is safe for visitors and employees. When they somehow fail to maintain a safe premise, and someone is hurt, it may be grounds for an insurance claim. Because slip, trip, and fall accidents are responsible for so many premises liability accident claims, this area of the law is often called “slip and fall.” 

Medical Malpractice

Healthcare providers have a duty to provide competent, professional medical care to their patients in a manner that’s consistent with standard accepted practices. While no one can guarantee that a patient will make a full recovery, doctors and other medical professionals are supposed to apprise patients’ of the likely outcome of their treatments. However, physicians, medical facilities, and staff often fall short in their responsibilities, making the conditions of their patients worse, offering inappropriate procedures, or leaving surgical implements inside of them. Any of these negligent acts can lead to catastrophic injuries.

Because medical malpractice cases can be extremely complex, many Fort Lauderdale injury law firms avoid handling them. 1-800-Injured, however, has attorneys in its network who are experienced in tackling these difficult cases. 

Workers’ Compensation

Workplace injuries include accidents on the job site and when traveling in the course of work duties. Florida requires most businesses with employees to carry workers’ comp insurance. If you are injured in a workplace accident, you are entitled to make a workers’ compensation claim, even if you were 100% responsible. Workers’ compensation insurance is supposed to cover a portion of your wages and your medical expenses. You will have to use a doctor within their workers’ comp insurance network. If you have difficulty making a claim or your accident was caused by managerial negligence, you may require an attorney to receive maximum compensation. 

Dog Bites 

In Broward County, dog owners are required to have their dogs on a leash, chained to a fixed object, or confined within a fence. However, dog owners often overestimate the control that they have over their canines, which sometimes leads to an attack. Dog bites can lead to serious injuries and even death. Dog bite injury victims have the right to make a personal injury claim against the owner’s property insurance. 

Product Liability

The manufacturers of products have the legal obligation to design safe products, perform quality controls to ensure that defective products aren’t sold, and warn users of any potential dangers. Product liability cases can involve single-plaintiff accidents where a single unit was defective and caused an injury, or they can involve multiple parties who have been injured by a defective design.

As is the case with medical malpractice, not all personal injury lawyers will take product liability cases, but 1-800-Injured is connected to the Fort Lauderdale attorneys who handle this type of case.

Nursing Home Abuse

There are 17 nursing homes in Fort Lauderdale and the surrounding areas, and most offer their residents a high degree of care. Entrusting the well-being of an elderly or disabled loved one to a nursing home can be daunting, and you can only hope that you’ve chosen the right place. However, if you’ve been subjected to negligence, abuse, or humiliation, or you discover that your loved one has, you may be entitled to damages. In addition to nursing home abuse and negligence being crimes, they are civil torts. Contact 1-800-Injured to put an immediate stop to nursing home abuse in Fort Lauderdale. 

Wrongful Death

Few things are quite as painful as losing a loved one due to the negligence of another. In addition to their loss of life, their survivors lose their financial and emotional support. Wrongful death cases have a shorter statute of limitations than other types of personal injury cases, and because these types of claims can be complicated, it’s essential that you speak to a Fort Lauderdale personal injury lawyer at your earliest convenience. 

Types of Damages in Fort Lauderdale Personal Injury Cases

As you can see, there are many different types of personal injury cases, but the state of Florida categorizes damages in three general ways. Here is a breakdown of each damage type.

Punitive damages aren’t automatic, and they are capped in the state of Florida.

Important Legal Concepts for Personal Injury Claims

Florida’s Modified Comparative Negligence Law 

As of March 24, 2023, Florida has implemented a new modified comparative negligence law, which changes how compensation is determined in personal injury cases.

Key Points of the New Law

• 51% Bar Rule: Under the newly modified comparative negligence system, if you are found to be more than 50% at fault for an accident that caused your injuries, you will not be able to recover any compensation. This rule applies to most personal injury claims but does not cover cases involving medical malpractice.
• Partial Compensation for Less Fault: If you are 50% or less responsible for the accident, you can still receive compensation, but it will be reduced according to your level of fault. For instance, if a jury finds that you were 20% responsible for the accident, your compensation will be reduced by 20%.

Example

• Suppose you suffer traumatic brain injuries in a car accident, and the total damages amount to $1.5 million for your injuries sustained. If you are found to be 20% at fault, your compensation will be reduced by 20%. This means instead of receiving a total of $1.5 million, you would get $1.2 million.

This new law highlights the importance of understanding your level of fault in an accident, as it directly impacts the amount of economic and non-economic damages (including all out-of-pocket expenses) you can recover. In complex personal injury or wrongful death cases, where the insurance provider disputes liability, the modified comparative negligence rule may come into play during the legal process.

Florida Personal Injury Statute of Limitations 

As of March 2023, the time limit for filing personal injury claims based on general negligence in Florida has changed.

Key Changes

• New Time Limit:
  • The statute of limitations for personal injury claims has been reduced from 4 years to 2 years. This means that if you are injured in an accident occurring on or after March 24, 2023, you have only 2 years from the date of the accident to file your claim.
  • If you do not file within these 2 years, you will lose your right to seek compensation for your injuries.
• Understanding Negligence:
  • Most personal injury claims are based on the idea of negligence. Negligence happens when a person, company, or organization fails to act according to a reasonable standard of care, resulting in harm to someone else.
  • However, not all claims fall under negligence; some severe injury claims may involve strict liability (like defective product claims) or intentional wrongdoing.

Exceptions to the New Statute of Limitations

The 2-year countdown to file a claim may be paused in certain situations, including:

• Discovery Rule: If you were unaware of your injury right away, the time limit may start when you discover your injury.
• Minor Status: If the injured person was a minor (under 18 years old) at the time of the accident, the time limit may be extended until they reach adulthood.
• Incapacity: If the injured person was unable to make decisions or file a claim due to a medical condition at the time of the accident, the time limit may be paused.
• Defendant Leaving the State: If the person who caused the injury leaves Florida before you can file your claim, the time limit may be extended.
• Concealment: If the responsible party takes steps to hide themselves or their actions to prevent you from filing a claim, the statute of limitations may not apply.

Need for Early Legal Representation

You should be aware of these changes and exceptions to the law to ensure that you take the proper steps within the appropriate time frame if you are injured in an accident. When it comes to personal injury litigation or settlement negotiations in Fort Lauderdale, your personal injury attorney should be able to present compelling evidence that proves at least 51% fault of the other party in order to recover fair compensation. 

If you get early legal representation, your South Florida attorney will move fast to gather and preserve evidence that establishes the maximum or total liability of the defendant. Therefore, timely legal representation matters not just from the perspective of meeting the statute of limitations deadline to claim proper compensation but also to secure evidence before it disappears or gets diluted or destroyed. 

Caps on Punitive Damages in Florida

In Florida, the law regarding punitive damages is outlined in Chapter 768 Section 73. Punitive damages are meant to punish a wrongdoer and deter similar behavior in the future. Here’s a simple breakdown of the critical points of this law:

• Limits on Punitive Damages:
  • Generally, punitive damages cannot be more than:
    • Three-Times Compensatory Damages: This means that the punitive damages awarded can be up to three times the amount of compensatory damages (the money awarded for actual losses) given to the injured person.
    • $500,000: Alternatively, punitive damages can also be capped at $500,000.
• Higher Damages for Serious Wrongdoing:
  • If the wrongful conduct was driven solely by a desire for unreasonable financial gain and the responsible person (like a company executive) knew that their actions were dangerous and likely to cause harm, then punitive damages can be higher:
    • Four-Times Compensatory Damages: In this case, punitive damages can be up to four times the amount of compensatory damages awarded.
    • $2 Million Cap: Or they can be capped at $2 million.
• No Cap for Intentional Harm:
  • If it is found that the defendant intended to harm the claimant and their actions did cause harm, there is no limit on the amount of punitive damages that can be awarded.
• Court’s Role in Reviewing Damages:
  • The law allows a court to review and decide if an award for punitive damages that is less than three times the compensatory damages is reasonable. This means a judge can adjust the amount if it seems unfair or excessive.

This law is designed to ensure that punitive damages are appropriate and proportional to the wrongdoing while also allowing for flexibility in severe cases of harm.

What to Do After an Accident in Fort Lauderdale

While every type of accident is different, there are some commonalities that can affect your physical and financial recovery. The following steps should not be construed as legal advice. For actual legal advice about your case, contact 1-800-Injured to be connected with a network attorney. 

Assess the Situation, Get to a Place of Safety

There is never a justification for remaining in harm’s way. If you’re in danger where you are at, move. In many motor vehicle accident cases, the injured party believes they need to remain in their vehicle, but that’s only the case if it’s safe. If you can safely exit or move to a safer location, you should.

Call 911

Fort Lauderdale, FL is a city that puts large numbers of active-duty police officers on the streets. This helps shorten response times. Make sure you remain calm when speaking with the dispatcher, and advise them of your location, a description of the vehicles, and the types of injuries you’ve sustained. If you are inside premises, make sure you give them your internal location within the building. 

Talk to Witnesses 

Many valuable eyewitnesses will only remain with you long enough to ensure that you’re relatively okay. Ask them to remain on the scene or ask for their contact information. Many personal injury cases are quickly settled once the insurance adjusters learn that there are eyewitnesses to the incident. 

Take Pictures or Video

The scene will change rapidly in the minutes after an accident has occurred, so try to document it in its pristine state. You should only photograph from a position of safety. Try to capture the area of the accident, property damage, visible wounds on injury victims, etc.

If it’s an auto accident, try to capture geographic location indicators. For a slip and fall, take pictures of any visible causes of your fall. 

Seek Medical Attention

Whether you require immediate medical attention or not, you should allow the EMTs to examine you on the scene. Accident victims are often concerned about how this will affect their case, but an experienced trial attorney can use this cursory examination as a baseline for your injuries. 

Do Not Accept an Initial Settlement

You may be contacted by the insurance company even if you haven’t filed a claim. That’s because they know if they can get you to settle quickly, statistically, it will save them money in the long run. The adjuster may point out that a protracted settlement negotiation will be a drain on your financial resources and that they can cut you a check for your medical bills and lost wages immediately. However, you won’t know the extent of your injuries, and they will require you to sign a waiver, which will prohibit you from seeking additional compensation. 

Fort Lauderdale personal injury lawyers are usually able to negotiate a much better settlement if you allow them the opportunity to. Before you accept a settlement, contact a Fort Lauderdale personal injury trial lawyer through 1-800-Injured. All of the personal injury lawyers in our network work on a contingency basis, so call today.

How a Fort Lauderdale Personal Injury Attorney Can Help

In addition to acting as a legal liaison between you and the insurance company of the negligent party, Fort Lauderdale personal injury attorneys can provide the following services:

• Review your medical records with expert witnesses.
• Calculate all compensatory damages.
• Subpoena and depose witnesses
• Review all discovery evidence provided by the defendant’s legal team
• Defray medical costs by issuing letters of protection to medical providers
• Present a demand letter for damages to the insurance company
• Negotiate with the insurance company
• File a lawsuit on your behalf
• Litigate the case should it become necessary

If you have sustained an unexpected injury due to an accident, you have the right to seek compensation. 1-800-injured will refer you to a Fort Lauderdale law firm that handles your type of claim. Call today. 

Frequently Asked Questions About Personal Injury Cases in Florida

The following are the types of questions that the Fort Lauderdale personal injury lawyers in our network hear on a regular basis. For a free consultation with one of the attorneys from our legal and medical referral service, call today!