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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:
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.
Florida Auto Accident Claim Information & Checklist
Schedule a free consultation today by filling out a form on our contact page or calling us now at 954-509-1900.
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:
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.
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.
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.
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:
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.
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 954-509-1900.
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.
Symptoms resulting from whiplash injuries include:
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.
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!
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:
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.
An auto accident is a stressful and often painful experience for everyone involved. Even the most minor accident brings with it a great deal of stress and inconvenience. While it is understandable that it is sometimes difficult to use your best judgment in such a situation, there are several things to remember—and put into practice—if you should find yourself in a car accident.
First, do not talk to anyone other than the police about how the accident happened. Due to the stress and suddenness of any accident, it is difficult for anyone to really know what happened. You might also feel a certain amount of guilt—even if you aren’t responsible for the incident.
If you speak to the other party, you can set yourself up for greater difficulties; for example, they could argue that you agreed the accident was your fault, or that you said you would not be pursuing a claim. Particularly important is to not apologize or say anything that could be taken as an admission of fault.
Unless you are injured and unable to provide your information, do not leave the scene of the auto accident until all insurance, license, and registration information has been exchanged. In several states, including Florida, it is actually against the law outright to leave the scene of an accident without providing information—and it can upgrade any tickets or other penalties accordingly.
Another important thing to remember is to seek medical attention if you feel even slightly injured. Because of the shock of the situation and the adrenaline in your system, you may not notice the extent of your injuries until much later; unfortunately, insurance companies can use this to their advantage in a case by arguing that your injuries were not that severe—or else you would have sought immediate medical attention.
On the topic of insurance companies, do not give a recorded or written statement to an insurance adjuster. Your statement may be used to minimize your injuries or to point out inconsistencies in other statements. While all insurance companies want to be seen as the “good guys,” it is part of their business model to do what they can to maintain their profits—and any claim that they can reject or fight is more profitable than one that they must pay.
By the same token, do not try to settle your case on your own. There are some cases in which the extent of injuries or harm is not immediately apparent, and many post-injury issues, such as disc herniation or spine problems can take months to be diagnosed. If you settle early, you’re closing yourself out of the possibility of receiving compensation for the ongoing expense of long-term medical problems.
While every driver has been advised to wear his or her seat belt every time they are in a moving vehicle and laws have been enacted in all but one of the United States, there are individuals who still choose not to wear their seat belt. There is, however, a powerful reason beyond your own safety that you should wear a seatbelt every time; not doing so may impact your ability to receive compensation if you are injured in an accident.
Although the “seat belt defense” is limited to 16 states, the impact of not wearing a seatbelt can affect compensation in many more. In some jurisdictions, the “seat belt defense” is a controversial topic; some see it as harsh, while others point out that the law requires wearing a seatbelt, and therefore those who violate the law should face some consequence to their actions. The defense does not only apply to drivers who seek damages; it applies equally to passengers who are injured in collisions and seek compensation for their injuries.
In general, the seat belt defense is related to the ways in which a particular jurisdiction’s liability laws work. Liability analysis seeks to ascertain who is at fault for causing a particular injury or damage—so for instance, if a car is involved in a rear-end collision, the driver will try to establish liability for the head trauma he suffered belongs to the striking car’s driver. However, if the injured driver was not wearing a seatbelt, the insurance company or its attorney may argue that some or all of the fault belongs to the injured party. That factor can be taken into account by the judge, the claims adjuster, or the jury when making a determination of damages—with the end result being reduced compensation.
Of course, the majority of US states do not have this defense as a possibility. However, even if you are not living in one of the states that allows this defense to be used, most states use the principle of comparative or contributory negligence to determine how to apportion damages among liable parties. Some states do not allow the information to even be brought up as evidence in the trial. This is not foolproof however, as there are other ways in which a driver’s contribution of negligence—in this case, by not obeying a law designed to protect individuals in accidents—can impact the amount of compensation they receive. In some states where the defense is allowed, the percent to which the damages can be reduced is a maximum of 15%.
When people think of car accidents, they typically consider the worst case scenario—a high speed impact, a rollover, things that are commonly seen in action movies and on the news. However, a large proportion of the auto accidents that happen are typically at speeds of 10 miles per hour or slower. While the property damage of a low-impact accident may be minimal, there are many victims who go on to experience injuries.
The same forces that are involved in a high-speed accident come into play even when speeds are reduced. A typical automobile weighs in at approximately 2,000 pounds, so a collision at 10 mph can result in an impact force of 3.7 tons on average. A larger vehicle can create an impact force of about 5.6 tons, which may result in a significant blow to the car—and therefore a significant risk of injury to the occupant’s neck and back. Additionally, victims who are involved in rear-end collisions are at greater risk of injury than those of head-on collisions; the principle of “magnification of acceleration” demonstrates that the occupants of the car will accelerate much faster than the car being impacted. This means that they will absorb more of the force involved in the crash.
While high-impact accidents cause obvious injuries—including lacerations, burns, and broken bones—low impact car accidents can still affect soft tissues, such as the ligaments, tendons, and muscles of the neck and back. Some groups are more prone to these types of injuries, for example the elderly and those who are in poor physical condition. A soft tissue injury is generally a sprain or strain, meaning that the soft tissue is partially or completely torn. The extent of an injury in any accident depends on factors including the occupant’s position in the vehicle, the use of head restraints, and whether the head is rotated or in a forward position at the time the impact occurs. In the case of a rear impact, the vehicle occupant’s neck and back are thrown first backward and then forward. This causes the body to stretch unnaturally, which results in the strain on muscles and other soft tissues; the effects can last for months and in some cases even years.
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:
In order for Florida residents to be fully protected, both bodily injury liability insurance and uninsured motorist insurance should be obtained.
Contact us online or call 954-509-1900 to learn more during a free, confidential consultation.
If you or someone you love has been harmed by the negligent or wrongful conduct of another, our South Florida personal injury attorneys are here to help you understand your legal options and fight for the fair recovery you deserve. In every instance, we work to recover the maximum compensation our clients are owed for their medical expenses, lost income, pain and suffering, and other losses. Throughout the process, we will remain consistently accessible to you—we even provide clients with our personal contacts so that they can always reach us with questions or concerns.
There is absolutely no cost and no obligation in speaking to a member of our team about your case. We also offer our legal services on a contingency fee basis, which means you do not owe any upfront costs when you hire our team. Instead, we only collect legal fees if we successfully secure a settlement or verdict for you.
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (954) 289-5070.
