South Florida Car Accident Attorneys

We’ve Recovered Over $300 Million for Clients Throughout Florida

It is a sad fact of life that automobile accidents are much more frequent than anyone would like to believe or admit. According to the National Highway Traffic Safety Administration, millions of people are injured in auto accidents each year. 

If you are one of these people, you are likely facing the burden of how to pay medical bills and how to deal with:

  • Car repairs
  • Lost wages
  • And medical treatment

The financial burden adds stress to what is already a difficult experience; particularly if your injuries are severe, the pain and the distress of a car accident combined with the difficulties of knowing how you will pay for all of your needs can create a crisis in your life. 

When you are experiencing the kind of emotional and physical trauma that comes along with an accident, you should look to work with a Florida car accident lawyer with experience and expertise in the handling of complicated cases.

Schedule a free consultation today by filling out a form on our contact pageor calling us now at (954) 504-6577.

Do I Need a Lawyer for a Car Accident in Florida?

It is not necessary to work with an attorney for an auto accident claim. However, hiring a Florida car accident attorney can be advantageous for a number of reasons:

  • An attorney has handled numerous claims and knows what it takes to win.
  • An attorney is well-versed in local and state accident laws and can ensure your rights are protected.
  • An attorney knows what your case is worth and can fight for maximum compensation.
  • An attorney can take your case to court if the other side refuses to offer a fair settlement.

If you work with just any auto accident attorney in South Florida, you could be putting your case at risk. By working with the experienced legal team at Zimmerman & Frachtman, P.A., you can maximize your chances to get the compensation you deserve. With offices in Naples, Boca Raton, Hollywood, and Coral Springs, we serve clients throughout Southern Florida.

Why Choose Zimmerman & Frachtman, P.A. for Your Accident Claim?

While car crash cases are too often considered routine, at Zimmerman & Frachtman, P.A., there is no such thing as routine. We pursue all cases with the same zeal we apply to even the most complex lawsuit.

How can Zimmerman & Frachtman, P.A. help after an accident?

While every case is different, we have had several notable cases that demonstrate our capability to help our clients pursue both settlements and trials. For example, the case of Jonna Mays V Richard J. Lucibella, which ended in a settlement just prior to trial in the amount of $1,750,000. Another notable case is that of Aida Pelaez V. GEICO Insurance, where our client was able to receive the maximum insurance amount of $1,000,000 in settlement. 

When to Get an Attorney for a Car Accident in Florida?

If you've been involved in a car accident in Florida, it's important to understand when to get an attorney involved. While some cases can be handled satisfactorily without an attorney, there are some situations where having an attorney represent your best interests can make a huge difference in the outcome, such as:

  • Serious Injuries or Fatalities: If you or anyone involved in the accident has sustained serious injuries or if there has been a fatality, it is highly advisable to seek legal representation. Serious injuries may lead to substantial medical expenses, long-term care needs, and lost income, and an attorney can help you pursue compensation for these damages.
  • Disputed Liability: If the question of who is at fault for the accident is being disputed, it's crucial to consult with an attorney. Florida follows a "no-fault" insurance system, but if the injuries are severe or if fault is contested, you may need to pursue a claim against the at-fault party.
  • Insurance Claims Problems: If you encounter difficulties with your insurance company, such as a lowball settlement offer, delayed payments, or denial of your claim, an attorney can help you negotiate with the insurance company and protect your rights.
  • Uninsured or Underinsured Motorists: If the at-fault party is uninsured or underinsured, it can complicate the process of obtaining compensation. An attorney can help you explore options such as uninsured/underinsured motorist coverage and other avenues for compensation.

If you are experiencing any of the above issues with your accident claim, contact Zimmerman & Frachtman, P.A. today. Our personal injury firm has handled a wide range of car accident claims and help you fight for the compensation you deserve.

What Are the Most Common Causes of Automobile Accidents in Florida?

  • Distracted driving- Distracted driving can involve texting, eating, applying makeup, or simply daydreaming. Regardless of the type of distraction, these drivers must be held liable for the harm they cause to others.
  • Driver fatigue - According to the National Highway Traffic Safety Administration, there is substantial evidence that fatigued drivers are just as unsafe on the road as a driver under the influence of drugs or alcohol. Every year there are approximately 100,000 collisions that involve a motorist that is too tired to be driving.
  • Drunk driving- Not only is drunk driving very dangerous, it is also illegal. Drunk driving accidents aren’t as common as other types of collisions, but they generally result in much more serious injuries. 
  • Hit-and-runs- Leaving the scene of an accident is illegal and incredibly unfair to the person who was injured. The team at Zimmerman & Frachtman, P.A. can help you recover compensation whether the at-fault driver can be located or not.
  • Rear-end collisions- Rear-end accidents are some of the most common types of collisions. While the driver who rear-ended you is generally considered to be at fault, there may be other liable parties that our firm can help you uncover.
  • High-speed collisions- Accidents that occur at high speeds usually result in much more serious injuries than those occurring at lower speeds. Victims of high-speed accidents deserve maximum compensation for their injuries.
  • Accidents involving teenagers- Teenagers are one of the most at-risk demographics for car accidents in America. Approximately 227,000 teenagers suffered injuries in motor vehicle accidents in 2020.
  • Intersection accidents - According to the Federal Highway Administration, half of traffic-related injuries occur at intersections. These accidents may occur because of inattentiveness or lack of vision. 
  • Rollovers - Some of the most dangerous accidents in America are SUV and pickup truck rollover accidents. Because of the high center of gravity in these vehicles, they have a tendency to roll over during an accident, causing serious injury or even death. More than 230,000 incidents of rollover accidents were reported in 2009 and 8000 of them ended up being fatal.
  • Backovers - A backover accident occurs when a vehicle reverses over a person. These common accidents can occur whether the victim is on foot or bicycle, and are most likely to happen in driveways or parking lots. 
  • Truck accidents- Due to the massive size and weight of semi-trucks and tractor-trailers, these types of collisions have some of the highest rates of injury and death.
  • Road construction zones- In a road construction zone, even the most careful driver can be surprised when another driver suddenly slams on their brakes or swerves to avoid road debris.
  • Automobile defects- Defective vehicle parts, such as seatbelts, tires, and brakes, can not only cause accidents but also make injuries worse.
  • Ambulance accidents- While rushing to respond to an emergency, ambulances can become involved in an accident with other vehicles at intersection crossings, by losing control, or by rear-ending another vehicle.

And also locations where many accidents occur, such as I-95 and the Turnpike, as well as defective roads that contributed to an accident.

Schedule a free consultation today by filling out a form on our contact page or calling us now at (954) 504-6577.

What Are the Most Common Injuries in Car Accidents?

Common Accident Injuries: Whiplash

Whiplash is the common terminology for a neck strain and/or neck sprain and usually addresses a cervical spine injury in the soft tissue surrounding the neck and back. Typically, a whiplash injury does not constitute a fracture of the intervertebral disks. Fractures of the intervertebral disks are classified as spinal cord fractures.

In whiplash injuries, the body experiences an impact with such force in a whip-like cessation of the head, neck, shoulders, and back. The results of this sudden jerk can be debilitating depending on the severity of the accident because the sudden impact of force stretches and/or tears the muscles and fascia of the neck. 

Additionally, because whiplash injuries affect the muscles and fascia, or soft tissue of the head, neck, shoulders, and back, the associated pain and symptoms with a whiplash injury may not develop until days or weeks after the accident.

What Are the Symptoms of Whiplash?

Symptoms resulting from whiplash injuries include:

  • Neck and jaw pain
  • Muscle tightness or muscles spasms in the neck, shoulders, and back
  • Lower back pain
  • Neck muscles that are tender to the touch
  • Decrease in the neck muscles’ range of motion
  • Blurry vision, dizziness, headaches and vertigo or a feeling of off-balance
  • Swelling, bruising around the throat, neck, shoulders, and down the back
  • Arm and leg weakness
  • Loss of bladder and bowel control

Treatment for Whiplash Injuries

Depending on the severity of whiplash injury, some treatments include prescription painkillers, massage, or physical therapy. If you believe you have a whiplash injury, seeking sound medical advice is key in medical treatment for whiplash injuries. Injuries for whiplash vary depending on the type of accident and patients can heal at different rates.

Damages for Whiplash Claims

Because whiplash injuries have a statute of limitations and due to their fraudulent past, filing a whiplash injury claim can be difficult. However, this doesn’t mean you should not submit your claim if you have experienced a whiplash injury. 

Documentation is key for submitting a whiplash injury claim. Damages received for whiplash injuries typically cover out of pocket expenses, medical expenses, lost wages, and pain and suffering. Contact our experienced personal injury attorneys to help file a whiplash injury claim!

What Is Causation in Car Accidents?

Causation is generally defined as the relationship between cause and effect. In legal matters, causation is used to establish negligence in civil and criminal liability cases by determining the causes of an injury claim. Causation defines four major requirements that must be met to determine negligence in liability cases.

In regards to a car accident, the plaintiff has the burden of proving causation by fulfilling the four requirements and demonstrating that the at-fault driver was negligent and caused the accident. Proving causation can be difficult in car accident claims, and therefore is crucial to retain a qualified causation car accident attorney to act in your best interest. 

The attorneys at Zimmerman & Frachtman, P.A. have the skills to represent your claim and the experienced investigators and other specialists that can recreate your accident to successfully prove causation.

The four main requirements of legal causation are:

  • Duty of care
  • Breach of the duty of care
  • The causation
  • Damages

Proving Causation in Car Accidents

  • Duty of Care – When demonstrating causation in auto accident cases, the plaintiff needs to demonstrate why the at-fault driver was negligent. In car accidents, duty of care is assumed after obtaining a driver’s license. Upon obtaining a driver’s license, licensee’s agree to the “duty of care” to operate vehicles in a safe fashion as to not purposely harm others while operating their vehicles on the road.
  • Breach of the Duty of Care – To determine breach of duty of care in car accidents, the plaintiff needs to defining the specific actions the at-fault driver took to no longer operate their vehicle in a safe way. Negligent behavior could be slight, socially-acceptable law-breaking actions such as speeding, not signaling a lane change that can lead to an accident. While most drivers on the road do sometimes break these traffic rules, when accidents happen, they are considered negligent. There are gross negligent behaviors that lead to serious injuries or even death. These behaviors can again be slight or atrocious, like texting while driving or drunk driving.
  • Causation – Proving causation is tying the injuries sustained to the misconduct or breach of duty of care. The plaintiff must be able to demonstrate that injures are a direct correlation to the other driver’s negligent actions.
  • Damages – Finally, damages are explaining the extent of the injuries sustained by the car accident.

It is unfortunate that the burden of proving all four requirements of causation falls upon the plaintiff. In cases involving car accident causation, this can be especially hard because evidence from the car accident can be lost if not addressed on the accident scene. Having an experienced car accident lawyer in Florida on your side can make a difference in how your claim is handled and your settlement amount.

Bodily Injury Liability & Uninsured Motorist Coverage in Florida

Many people in the state of Florida are confused about the purpose of bodily injury insurance. It is not unusual for people to question why they need this insurance when they already have health insurance. 

Others do not question the inclusion of bodily injury insurance with their car insurance policy believing that it is to cover their injuries in the case of an accident since health insurance will not cover this type of claim. However, in both cases people would be incorrect in what they assume is the reason that personal injury insurance is included with car insurance policies.

In reality, bodily injury liability covers people when they are responsible for causing an accident in which another person is injured. It protects them from having to pay out of pocket for any harm resulting from the accident for which they are found to be legally responsible. 

It also will cover the costs of legal assistance should someone sue them claiming damages above those covered by the insurance. Additionally, bodily injury insurance covers any individual who has an accident for which they are at fault while driving the covered parties’ car providing they have borrowed the car with the covered parties’ permission.

Uninsured motorist insurance is less confusing to most people. This type of insurance covers accidents caused by someone else when the person at fault has no insurance or limited insurance coverage and limited or no bodily injury insurance to cover the costs of any injuries another person may sustain. 

When the person at fault does have bodily injury insurance uninsured motorist insurance covers expenses that are in excess of their bodily injury insurance and is not covered by their insurance. Uninsured motorist insurance will cover the expenses of the other driver expenses and the damages done to their vehicle under three conditions. 

These include cases such as:

  • When the person who caused the accident has no car insurance
  • When the person who caused the accident has only minimal insurance which is insufficient to pay all costs of the other driver
  • In the case of a hit and run accident, when someone has no ability to identify the individual who hit them.

In order for Florida residents to be fully protected, both bodily injury liability insurance and uninsured motorist insurance should be obtained.

Contact us onlineor call (954) 504-6577 to learn more during a free, confidential consultation.

Florida Car Accident Resources

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Auto Accident FAQs

    • What if the at-fault driver has inadequate insurance to cover all your damages?
      Auto insurance is not the only type of insurance policy that can pay for damages related to a car accident. Experienced attorneys can sometimes negotiate with insurance companies to allow unpaid damages to be covered by other policies held by the liable party, like a homeowners’ insurance policy. Another option to seek unpaid damages is to use an underinsured motorist (UIM) policy that you purchased.
    • What damages can you recover after a car accident in Florida?
      If you can sue another driver for your injuries, then you will be able to demand compensation for any damages that have not been covered by your PIP insurance. For example, you can sue for unpaid medical treatment costs, missing wages, and pain and suffering.
    • Can you sue after any car accident in Florida?
      No, Florida required drivers to carry personal injury protection (PIP) insurance. This unique type of insurance will provide coverage to the policyholder for their damages, up to a cap. The law also prevents filing a claim against another motorist unless the claimant has been seriously injured, which is usually described as an injury that causes a lasting debilitation, a permanent disability, or a life-threatening situation.
    • What should you do after an accident?
      The first thing you should do after being in a car accident is check that everyone is okay. If someone has been hurt, you should call for emergency assistance. Use 911 if the injury is severe. Next, you need to get the contact and insurance information of all parties involved. Don’t forget to take photographs of the entire scene, too. Lastly, you should see a medical professional, regardless of your injury’s severity, within the next few hours at the latest.
    • What is the main cause of these accidents?
      One of the main reasons accidents like this happen is due to the nature of the situation. Most drivers are on duty. They ate working. They could be stressed and overworked. They could be in the midst of meeting a deadline. Either way, the driver is going to be preoccupied with his job. Though there are laws put in place to prevent this type of issue, it still does happen. The truck could have a malfunction of sorts. Sometimes vehicles with improper maintenance are sent out on the road. Some companies figure as long as it passes inspection, it's okay. It's not easy to say this, but the driver could also be intoxicated. When drivers are out on the open road, their bosses are trusting them to do the job. They are not looking over their shoulder. Some drivers, depending on their personality, do take advantage of this. This negligence is what causes devastating consequences for everyone involved.
    • Where are the most common accidents in Florida?
      Vehicle accidents are everywhere. The larger vehicles, vehicles like trucks and semi-trucks, are the ones which can cause the most damage. When an accident does occur, a lot of innocent people are hurt, even hospitalized. More seriously, these people are left to clean up the wreck themselves. Sometimes the vehicles will just carry on, not even aware of the damage they have caused. This happens a lot with the trucks and the semi-trucks. This is why victims of accidents need to hire a lawyer right away. They need someone on their side. It's not good to leave this type of thing to chance.
    • Can I still file a personal injury claim after a hit-and-run accident?
      Hit and runs are almost always difficult and frustrating for drivers to navigate. While the police are tracking down the driver who hit you using camera footage, witness accounts, etc. you can file a personal claim against your own PIP policy. Later on, after the perpetrator has been identified, the fact that her or she fled with scene with no regard for human life can be used to solidify your case.
    • What if the other driver has an insurance policy, but it is not sufficient to cover my costs?
      You may still have a chance at recovering the funds that you need by winning a judgment against the other driver in a court of law. This may be achieved via a property lien or a wage garnishment, depending on the judge’s decree. However, all other avenues- including your own personal injury protection insurance, the other driver’s liability insurance, and your own uninsured motorist policy- should be exhausted first.
    • What is uninsured motorist coverage, anyway? I don’t think I have any.
      This type of coverage ensures that you won’t be left uncompensated in the event that an uninsured motorist harms you or a loved one. Florida law requires that drivers be offered uninsured motorist coverage with the purchase of their liability insurance policies. Unless you specifically stated you did not want uninsured motorist coverage, chances are that you have it.
    • An uninsured motorist caused my accident. What can I do?
      According to the Insurance Research Council, Florida has one of the highest instances of drivers without insurance in the country. Only about ¾ of motorists in the state have insurance, but filing a claim against your own uninsured motorist coverage is a viable way to recover the compensation you need.
    • I’ve never heard of personal injury protection. What is it?
      Personal injury protection insurance – also known as PIP – is a special type of coverage that many states in the U.S. require drivers to purchase. Some also call it ‘no-fault’ insurance. It is quite useful to have, as it pays no matter whose fault an accident is. It does have one very serious con, though. Personal injury protection is usually very limited. Many drivers’ policies are only for $10,000 for bodily injury. This is helpful, but won’t always fully satisfy a personal injury claim.
    • I’ve never heard of personal injury protection. What is it?
      Personal injury protection insurance – also known as PIP – is a special type of coverage that many states in the U.S. require drivers to purchase. Some also call it ‘no-fault’ insurance. It is quite useful to have, as it pays no matter whose fault an accident is. It does have one very serious con, though. Personal injury protection is usually very limited. Many drivers’ policies are only for $10,000 for bodily injury. This is helpful, but won’t always fully satisfy a personal injury claim.
    • In Florida, is it illegal to text and drive?
      According to Florida State Law, texting and driving is illegal. However, the law that addresses the matter is of secondary enforcement, which means that a driver must be pulled over and ticketed for a primary enforcement violation in order to be ticketed for texting. Unfortunately, this loophole encourages many drivers to take the risk- not only of getting a ticket, but also of taking another life. If the individual that is to blame for your accident was texting when or directly before it happened, their behavior may serve as evidence of negligence as we handle your personal injury claim.
    • Will a personal injury claim be worth filing?
      Ninety percent of all car accidents are the fault of one of the drivers involved, rather than an outside source, according to the International Organization for Road Accident Prevention. This makes filing a personal injury claim quite reasonable, as there is a chance that the other driver engaged in negligent, reckless, or careless behavior that led to your injuries.
    • What is comparative negligence?
      Comparative negligence compares the negligence or determines the responsibility of everyone involved in an accident. When a jury hears the case, the jury members decide what percentage of the total fault goes to each person involved. The amount of compensation awarded to a person will be reduced by his or her share, or percentage, of the total fault.
    • What information should I obtain after an auto accident?
      First you should seek immediate medical attention if you are seriously injured in an automobile accident. After everyone is out of danger and police help has been requested, obtain the following information: Contact information (name, address, phone) for anyone who was there, including other drivers, passengers, witnesses, and the tow company if your car was towed Police report information Information about all vehicles involved: Year, make, and model License plate number Insurance carrier Insurance policy number
    • If I have health insurance coverage, do I also need auto insurance coverage?
      By law, you must carry a minimum of $10,000 in personal injury protection (PIP) coverage and $10,000 in property damage liability coverage.
    • What is the difference between uninsured motorist coverage and underinsured motorist coverage?
      Uninsured motorist coverage is coverage on your policy that pays you for your injuries when someone who has no coverage injures you. Underinsured motorist coverage pays you for your injuries when the at-fault driver has insurance coverage, but the liability limit is not high enough to fully compensate you for all you have suffered
    • What type of automobile insurance coverage is required for a person causing a crash?
      The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have full liability insurance coverage in effect at the time of the crash. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection (PIP) limits of $10,000 per person per crash.
    • What Do You Need From Me?
      The Florida Financial Responsibility Law requires that any person at fault in a crash resulting in bodily injury and property damage to others must have full liability insurance coverage in effect at the time of the crash. This coverage includes minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash, $10,000 property damage liability per crash, and personal injury protection (PIP) limits of $10,000 per person per crash.Communication between attorney and client is key. It is important to show that you are willing to corporate and assist where needed to ensure you receive the best results possible. You will most likely be required to submit documentation and other materials to to assist the case as it moves through the court system.
    • Is There A Time Limit On Legal Action?
      In the state of Florida, the statute of limitations for personal injury lawsuit is four years but it is advised that you seek legal counsel as soon as possible as the court process can take months and even years before there is a resolution.
    • How Much Compensation Can I Expect?
      The figure a filer should expect to receive varies from case to case. The goal of any personal injury claim is for the party that is not at fault to receive compensation that is fair when all of the losses suffered are considered. These loses could include medical expenses-both present and future, wages, pain, suffering, and emotional distress. To find out what your accident claim could be worth, please call Zimmerman & Frachtman, P.A. for a free consultation today.
    • Will I Receive Compensation for My Injuries?
      When you are involved in an auto accident that was not your fault, you may believe that you are entitled to compensation. However, it can be difficult to know for sure, and it can be even more difficult to know when the other party involved is denying that they caused the accident. Our Florida auto accident lawyers will review all aspects of your specific case to determine whether the other party involved is responsible for any damages or losses.
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