By working with a car accident lawyer, you have a better chance of resolving your car accident claim in your favor and obtaining the best possible settlement or court award.
You are not on a level playing field when dealing with insurance companies after a collision. The insurance adjusters know the law better than you and they know how to minimize the value of your car accident claim, or deny it altogether.
Insurance companies do not have your best interests at heart. They create a lot of red tape that is the last thing you want to deal with after a serious wreck. When you work with our Fort Lauderdale car accident attorney, you have someone with your best interests in mind. We will protect and advance your rights.
Who caused the accident? What were the conditions that led to the wreck? These are questions that our accident attorneys will investigate in order to help us determine the value of your case.
Our team at Law Offices of David I. Fuchs is experienced in investigating car accidents. We gather all the evidence available, including photos, videos, police report, and witness statements. When necessary, we will hire an accident reconstruction expert. This expert uses science and mathematical formulas to calculate various aspects of the crash, such as how fast each car was moving and at what angle the vehicles collided. An accident reconstructionist can uncover important details of the accident.
Once we identify who directly caused the crash, we also look for other liable parties. In some circumstances, the at-fault driver is not the only person responsible for compensating you for your injuries. If the negligent driver was in a borrowed vehicle, you might be able to make a claim against the vehicle owner’s insurance. Or, if the careless driver was working at the time, then you might be able to file a claim against their employer.
Following most car accidents, you will pursue compensation through an insurance claim. Florida is a no-fault state, which means you will first turn to your own insurance company for help. But, if you suffered a serious injury, the law might entitle you to pursue a claim against the negligent driver and demand additional compensation.
Without the help of an experienced auto accident attorney, you might not understand the true value of your car accident claim. You should not rely on online resources or personal injury calculators. An experienced lawyer should calculate the value of your injuries, which are known as damages.
Damages are divided between two major categories: economic and non-economic injuries. Your economic injuries can be calculated based on hard figures and include your:
If you are dealing with long-term complications or limitations, you also can pursue compensation for your future medical expenses and lost income. We will work with you, your medical providers, and if necessary, economic and medical experts to calculate the full value of your economic injuries.
Determining the value of non-economic injuries can be more challenging. Your non-economic damages include:
Pain and suffering might be a significant portion of your damages if you were badly injured. We suggest you keep a daily journal. At least once a day, write about your experience. Take note of your physical pain and discomfort, the difficulties you have caring for yourself, the limitations you face in spending time with friends and family, your inability to work, and the mental distress you experience. Your own words can be essential in proving what you have gone through.
We will help you pursue the maximum coverage under your own PIP (Personal Injury Protection) and other auto insurance policies. We also will represent you in a third-party claim against the at-fault driver’s PDL coverage.
Law Offices of David I. Fuchs will answer the adjuster’s questions after a motor vehicle accident. We will review and respond to any letters or paperwork you receive. We will provide the insurer with proof of the other driver’s fault, when necessary. Last but not least, we will fight for you to receive full coverage for your bodily injuries and property damage.
If you suffered serious injuries that cost you more than your PIP and the other driver’s PDL coverage can pay for, then a personal injury lawsuit may be needed to seek additional compensation.
You also might be entitled to punitive damages if the other driver’s actions were reckless, egregious, or malicious.
You do not have to figure out Florida’s civil court process yourself. We will write and file the legal documents. We will make sure the at-fault driver and any other relevant party is properly served with the complaint. Then, we will appear in court on your behalf.
During a personal injury lawsuit, we will go through discovery. This phase is when we can use depositions, interrogatories, and demands for documents to gather more evidence. This can be important in complex and contentious claims. It also is very important if the at-fault driver was a working employee at the time of the crash. We might need discovery to gain access to important business records.
Once discovery is complete, and both sides have traded information, we might enter settlement negotiations or prepare for trial. Most personal injury claims result in a settlement offer. We will help you review the fairness of the offer and provide guidance. It is up to you whether you accept, or we negotiate for more. We are highly experienced in negotiating with insurance companies and fighting for the best insurance payout possible.
If a settlement is not possible, then we will prepare for trial. We are not afraid to go to court, establish the defendant’s liability, and ask the judge or jury to award you maximum compensation.
In Florida, you have four years from the date of the accident to file a personal injury lawsuit.
Never did I imagine myself getting into an accident.
"It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I'm blessed, thankful and behind it all DAVID FUCHS who made it happen for me." - Sade Peguero
Mr. Fuchs is one of the hardest working attorneys that I know.
"Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won't be disappointed!!" - Libby Eddy
Not only did I get the medical attention I needed but I was compensated handsomely.
"It's been a long bumpy road to recovery but with David and his office's help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could've been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!" - Giovanni Genao
Many accident victims are first-time victims and are unsure what to expect from their lawyer, the insurance company, and medical professionals. Your car accident lawyer should:
You can expect your insurance company to want copies of your medical records and bills related to the car accident. The insurer might send you a waiver that would give them access to your entire medical record. You should not sign such a waiver. Talk with your accident attorney about making sure your insurance company has the information they need about your accident-related injuries and medical bills.
Your insurance company might try to limit how much they pay you. The insurer might claim you suffered only non-emergency injuries. Under Florida law, non-emergency injuries are entitled to only $2,500. If your insurer claims you suffered non-emergency injuries when you believe you sustained an emergency medical condition in the crash, call a car accident lawyer immediately.
You also might begin a claim with the other driver’s insurance company. This is where things can become contentious. The other driver’s PDL insurance is meant to cover your property damage only if the other driver was at fault. The insurance company might claim their insured driver was not at fault or that you were primarily responsible for the crash.
In Florida, an insurance company has up to 60 days to investigate your claim. Then, it must pay out within 30 days.
You must begin to receive treatment for car accident injuries within 14 days of the crash. If you wait any longer, the insurance company could deny your claim.
Your doctor can be an ally during a claim, and your doctor and lawyer together help build your case for compensation. You should talk with your doctor about clearly marking whether you suffered an emergency medical condition in your chart. This is something you should discuss as soon as possible. A doctor must make this determination within 14 days of the crash.
If you are unable to work, you must obtain verification from your doctor regarding your disability.
You must seek treatment for injuries from the car accident within 14 days of the crash. Once you see a doctor, you must follow the treatment plan. Ignoring the doctor’s advice will complicate your claim. You should keep your lawyer up to date on your medical care and expenses throughout your case.
You must notify your insurance company as soon as possible of the accident and your injuries and be forthcoming with your accident-related medical records and bills. You also must get a Wage and Salary verification from your employer. Your insurance company will use this document to determine how much compensation you are entitled to for lost wages.
Our legal team will help you compile the documentation you need to prove your medical expenses and lost income for your PIP insurance claim.
Many factors are considered when valuing a motor vehicle accident claim. The type of accident, cause of the accident, and nature of injuries are all very important details of your case.
The type of wreck you were in tells part of the story. For example, the location of impact shows the direction that the other driving was heading when they struck your car. Our firm is familiar with all kinds of accidents, including:
Auto collisions can happen for a variety of reasons and each reason contributes to the story of your specific accident. For example, drunk driving and speeding are both common causes of accidents yet they each tell a very different story of liability and possible compensation. Our firm has experience handling accidents caused by the following:
Your injuries directly impact your medical bills, thus impacting how much your car accident claim is worth. Car wrecks often cause serious injuries, including;
Following a car wreck in Fort Lauderdale, FL, you should:
It is important to call 911 to ensure the Fort Lauderdale Police Department or the Broward County Sheriff’s Office and emergency services respond as quickly as possible. You and others involved in the crash might need emergency medical attention and to be transported to a local hospital, like Holy Cross Hospital or Broward Health Medical Center. The police will control traffic, talk to those involved in the wreck, talk with witnesses, and file a crash report.
Exchange Information with the Other Driver
Ask for the other driver’s name, license number, and insurance information. However, never put yourself in harm’s way. If the other driver is argumentative or belligerent, you do not have to talk with them. If you do speak with the other driver, never apologize or accept fault.
Get Medical Help Right Away
You should see a doctor as soon as possible after a crash. Florida requires you to begin getting medical care within 14 days of the crash if you are making a claim. If it has been a few days since the crash and you have yet to go to the emergency room or see a doctor, we recommend you go as soon as you can. You should have a full exam. Your doctor can look for hidden injuries that you might not know to look for.
Document the Accident
We understand you might have been seriously hurt and unable to take photos of the crash. Even if you could not document the scene, it helps to write down everything you can remember. Write down the time and date of the crash, the road you were driving on, and which direction, the lane you were in, the action you were taking leading up to the collision. Note the road, traffic, and weather conditions. Write down everything you can think of.
Ask for Witness Statements
If there was a witness to the crash or multiple, ask for their names and contact information. Witnesses who were not involved in the crash can provide objective third-party testimony that can support your case or clarify disputed issues. Your lawyer will contact witnesses to set up a time to obtain written or recorded oral statements.
Document Your Injuries
We recommend you take photos of your injuries and write a journal entry daily to document your experience and pain and suffering. Also, keep all your medical records, medical bills, car repair or replacement bills, transportation receipts, and any other documentation of expenses or losses.
Find the Right Car Accident Attorney for You
Looking for an auto accident attorney can be challenging. We recommend you look for a lawyer in Fort Lauderdale who has years of experience handling cases like yours. Look for a law firm that has a track record of success. Schedule a free consultation and ask for results of cases like yours.
Some locations are more dangerous than others. According to the primary roads listed on collision reports, the following 30 roads are the most dangerous in and around Fort Lauderdale:
A majority of states in the U.S. are at-fault states. After a crash in an at-fault insurance state, you would focus on obtaining compensation from the negligent driver’s insurance through a third-party claim.
Florida, however, is a no-fault state. You are required to carry PIP insurance to cover your medical expenses after an accident no matter who caused the crash. Unfortunately, PIP only covers your medical expenses and lost income—not your pain and suffering.
Florida drivers must carry:
If you are dealing with a serious injury after a car accident in Broward County, you need to talk with an attorney about the third-party insurance claim process.
Florida’s no-fault insurance requirements can be tricky. You must receive medical care within 14 days. Then, the amount of compensation you can receive depends on whether you suffered emergency or non-emergency injuries.
For non-emergency injuries, you can only get up to $2,500. Only emergency injuries are entitled to the full policy limit. Emergency injuries are those that cause serious jeopardy to your health, serious impairment of a bodily function, or serious dysfunction of any part or organ of the body.
Because Florida is a no-fault insurance state, you might not be entitled to file a third-party insurance claim or personal injury lawsuit against the other driver. If you suffered only minor or moderate injuries, then you will recover compensation only through your PIP insurance.
To have the right to demand compensation from the at-fault driver, Florida requires you to have suffered a serious injury. This is known as the serious injury threshold.
A serious injury in Florida is:
Pursuing compensation for serious injuries after a crash in Florida can be complicated. Because it is a no-fault state, the other driver might not have bodily injury liability coverage. They might not have a policy that applies to your injuries. Because of this, you would need to file a personal injury lawsuit with the help of an experienced accident attorney.
Florida follows a pure comparative fault rule. If the other driver claims you were also negligent, then the insurer or court will assign each driver a percentage of fault. Your compensation will be reduced by the amount of fault you were assigned, whether that amount is more or less than 50%. If you were 10% at fault, then you will receive 90% of your compensation. Or, if you were 75% responsible, you will receive 25% of your compensation.