Broward County Car Accident Lawyer
Thousands of car accidents happen every year in Florida. In fact, in the year 2013, there were 316,943 traffic accidents reported in the state, resulting in 2,224 fatalities and 210,887 injuries. In Broward County, there were 32,595 crashes. When a car accidents happens, victims who have sustained injuries should seek legal counsel from a Broward County car accident lawyer as soon as possible to recover damages.
Injuries from a Car Accident
Injuries from a car accident can be devastating. The most common injury types include:
- Head injuries and traumatic brain injuries
- Broken bone injuries
- Spinal cord injuries
- Back and neck injuries
- Internal injuries
- External injuries
- Sprains and strains
The severity of injury depends upon a number of factors, including the speed at which both vehicles were traveling, angle of collision, and the use of seatbelts. While some injuries—such as broken bone injuries—will often heal fully with time, other injuries—like traumatic brain injuries—can take months or even years to remedy, if ever. Some injury types, such as spinal cord injuries, cause life-long impairment. Other injuries may result in death.
Understanding Florida’s Insurance Laws
Following a car accident where injuries are sustained, victims have the right to seek damages. However, Florida is a partial no-fault car insurance state. This means that typically, each driver is required to turn to his or her own auto insurance policy in order to recover compensation for certain medical expenses and lost wages through their own PIP coverage.
However, Florida law does allow drivers to step outside of the no-fault system following a car accident in the event that their injuries meet the serious injury threshold. In Florida, a ‘serious injury’ is an injury that is permanent, causes permanent disfigurement or scarring, or/and results in a permanent loss of bodily function or death. If a victim has suffered a serious injury, then they can file a personal injury lawsuit against the at-fault driver.
Proving Fault and Negligence
In order to file a lawsuit against an at-fault driver, the victim will have to prove negligence, causation, and damage. Negligence refers to an act of wrongdoing that is outside of the reasonable person standard. Examples of negligence in reference to car accidents include speeding, drinking while driving, driving aggressively, using a cellphone, or otherwise performing an illegal or unsafe maneuver.
If negligence can be established, then the victim (plaintiff) will also have to prove that his or her injuries would not have occurred but for the negligent behavior; this is known as causation. Finally, proof of damages suffered—i.e., loss of function, lost wages, medical expenses, etc.—must be provided.
Types of Damages Recoverable
An injured victim who seeks damages from the at-fault party and/or from an insurance company after a car accident may be able to recover a variety of damages types, depending upon the severity of the accident. Types of damages recoverable in a personal injury action include economic losses (medical expenses, lost wages, property damage expenses) and noneconomic losses (damages for pain and suffering, disfigurement, etc.). A car accident attorney in Broward County can help you to understand what types of damages you may be entitled to.
Call a Broward County Car Accident Lawyer Today
If you’ve been injured in a car accident, don’t wait any longer to take action. In Florida, the statute of limitations for filing a personal injury claim is four years – if you don’t file a claim within this timeframe, you forfeit your right to damages. At Blakeley Law Firm, P.A., our personal injury and car accident attorney Jarrett Blakeley located in Broward County can help you understand the insurance system, filing a personal injury claim, proving negligence, and more. And, you will never be charged a fee unless your case is successful. For a free case consultation with car accident lawyer Jarrett Blakeley, call today at 954-253-9445.