Fort Lauderdale Personal Injury Lawyer

Types of Personal Injury Cases We Handle in Fort Lauderdale

Our personal injury law firm in Fort Lauderdale handles all kinds of personal injury cases where you were injured due to another’s negligence, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Rideshare accidents
• Bicycle accidents
• Pedestrian accidents
• Drunk driver injury cases
• Slip-and-fall injuries
• Dog bites
• Boating accidents
• Nursing home abuse cases
• Medical malpractice
• Catastrophic injuries
• Workplace injuries
• Premises liability cases
• Wrongful death claims
• Product liability cases

Whether you need help from one of our car accident lawyers in Fort Lauderdale or have questions after being injured while on another’s property, we are here to provide the support you need, review your case, and give you our honest, legal opinion and options to secure the compensation you deserve.

What Our Fort Lauderdale Attorneys Do for Injury Victims

When you retain our Fort Lauderdale personal injury law firm to represent you in your injury case, after your free consultation, we will:

• Investigate and gather evidence: We conduct our own thorough investigation to collect the necessary and substantial evidence to support your injury claim, such as medical records, witness statements, police reports, and video camera surveillance footage.
• Prepare and file your injury claim and lawsuit: We take care of all the paperwork required to file a personal injury claim with the insurance company and file your lawsuit with the appropriate court.
• Insurance company communications and demand for payment: We deal directly with the insurance company, so you don’t have to, and will avoid becoming a victim of their tactics. We will also demand maximum compensation from the insurance company on your behalf.
• Connect you with local medical providers: We can refer you to specialists, physical therapists, and other professionals through Broward Health Medical Center when you need help finding them.
• Handle all insurance claim negotiations: We will negotiate with the insurance company and adjuster. We are fully aware of all the tactics they employ to attempt to reduce, limit, or deny claims, and will aggressively pursue your case to maximize your settlement value.
• Litigation and trial, if needed: Should a suitable settlement not be reached, we are prepared to litigate your case at trial in front of a judge or jury.

It is worth mentioning that most personal injury cases are settled and never have to be litigated in court. Even when cases do proceed to trial, most of them settle before a final verdict is reached.

What To Do After a Personal Injury in Fort Lauderdale

The steps you take following a personal injury accident in Fort Lauderdale can have direct impacts on your injury claim later. To ensure you protect your legal rights and ability to seek maximum compensation, you should:

• Call the police to report the accident.
• Request immediate medical care at the accident scene for moderate to severe injuries.
• File a police report or an accident report.
• Do not admit fault after the accident.
• Document the accident by taking pictures, videos, and obtaining contact details for witnesses.
• For vehicle accidents, exchange insurance information and contact details with the other driver.
• Look for and note any security cameras and traffic cameras that could have valuable surveillance footage.
• Seek medical care for minor injuries as soon as possible after leaving the accident scene.
• Preserve all evidence, including your clothing, damaged personal items, medical bills, paid receipts, and lost wages records.
• Before speaking with the insurance company, consult with a Fort Lauderdale injury lawyer at Bernstein & Maryanoff immediately.
• Do not make any recorded statements with the insurance adjuster without your lawyer present.
• Do not post about the accident on social media.

Understanding Florida’s Personal Injury Laws

While your attorney is very knowledgeable about Florida personal injury laws, you also need to have a general understanding of these laws and how they could potentially impact your personal injury claim.

Statute of Limitations

As of March 24, 2023, the statute of limitations for personal injury claims in Florida were reduced from four years to two years from the date of the accident. It is vital to remember you only have two years to file your injury claim. If you do not initiate a claim within this time period, you will forfeit your right to seek compensation.

Vehicle No-Fault Insurance System and PIP

Florida has a no-fault insurance system that requires you to initially file your injury claim against your own insurance. All drivers are required to have mandatory personal injury protection (PIP) insurance and liability insurance of at least $10,000. To claim benefits under PIP, you must seek medical care within 14 days of the accident; otherwise, your claim can be denied.

Even though the state has a no-fault insurance system, you can still pursue compensation from the at-fault driver when you exceed your coverage limits. You can also sue them if you pass the serious injury threshold.

Comparative Negligence

In cases where you are partially at fault for the accident, you can still seek compensation under the state’s modified comparative negligence system. As long as you are not more than 50% at fault, you can file a claim against the other party.

Once a settlement is reached, your final compensation is reduced by the percentage you were considered at fault. For example, your settlement is $100,000, but you were 20% at fault. Your final compensation amount would be $80,000.

Compensation You May Be Entitled To

When you recover compensation after a personal injury accident in Florida, you can be entitled to economic and non-economic damages from the negligent party. Economic damages are those losses that have an actual financial amount attached to them, such as:

• Current and future medical bills
• Prescription costs
• Rehabilitation costs
• Medical device expenses
• Current and future lost wages
• Loss of earning capacity
• Damaged personal property replacement costs
• Loss of benefits

Non-economic damages in injury cases are non-quantifiable losses that do not have an actual dollar amount. They are calculated using your total economic losses and a multiplier that ranges from 1.5 to 5, based on the severity of the injuries.

They can include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment
• Loss of consortium
• Permanent scarring
• Disfigurement

A third type of compensation rarely awarded is punitive damages. These damages are awarded in cases where the defendant’s behavior and actions are deemed to have been grossly negligent, malicious, or intentional. They are meant to punish the defendant and deter others from behaving similarly.

Serious Injuries and Wrongful Death Representation

Sometimes personal injury accidents result in severe and catastrophic injuries or wrongful death in Fort Lauderdale. For these types of cases, assistance from our catastrophic injury lawyer is required to ensure you can obtain justice and secure proper financial compensation.

Common severe and catastrophic injuries include:

• Traumatic brain injuries (TBIs)
• Partial and full paralysis
• Herniated discs and spinal injuries
• Amputations
• Severe burns and scarring
• Loss of feeling and muscle control
• Partial or complete vision loss

While no amount of money will replace the untimely loss of a loved one after a catastrophic accident, surviving family members are entitled to compensation from the responsible party. In addition to the damages the decedent experienced, other wrongful death damages the surviving family can seek are:

• Funeral and burial costs
• Loss of financial support
• Loss of companionship
• Loss of guidance
• Prospective net future wealth accumulations

Wrongful death injury cases also have a two-year statute of limitations. Within the first year, the surviving spouse can file the lawsuit and include any surviving children. After the first year, if the surviving spouse has not filed, then the surviving children can file. In cases where there are no spouses or children, the decedent’s parents and siblings can file the claim.

We Fight Insurance Companies So You Don’t Have To

Insurance companies will take advantage of victims while they are vulnerable after an accident. Some of the tactics they will use when you do not have legal representation include:

• Disputing fault.
• Downplaying the seriousness of injuries.
• Dening claims for certain medical expenses, saying they were unnecessary or excessive.
• Offering quick “low-ball” injury settlements for a fraction of what you are actually entitled to.
• Denying claims, stating you had pre-existing conditions.
• Asking leading questions to get you to admit fault.
• Using recorded statements and social media posts against you.

When you obtain assistance from our Fort Lauderdale injury attorneys, we level the playing field to avoid these issues. We handle every aspect of your case and prepare it as if we were going to trial.

Taking this aggressive approach, along with our expertise and familiarity with local insurance providers and their adjusters, ensures you receive maximum compensation during our insurance claim negotiations.

Contingency Fee Legal Representation — No Upfront Costs Ever

We make it possible for anyone injured by another’s negligence to access affordable injury attorneys in Fort Lauderdale through our contingency-fee legal representation. What this means is that we provide you with a free case evaluation and consultation. If you retain us to represent your legal interests, you owe us no upfront retainer or legal fees.

It also means “no win no fee.” Until we secure a favorable settlement or verdict, we do not collect a single dime. Once we do resolve your case, we will deduct your legal fees from your settlement proceeds. Contingency fee rates average around 33.3% of the total settlement amount. Your lawyer will review the percentage with you during your initial, free consultation.

Even with our contingency fee, we ensure our clients receive maximum compensation, far more than they would have received if they attempted to settle their cases without legal representation.

Choose Bernstein & Maryanoff — Trusted Fort Lauderdale Legal Advocates

With offices across South Florida and over four decades of experience, we help personal injury victims recover the compensation they deserve. We are personal injury legal experts and are familiar with all current state laws, injury case trends, and Broward County courts and judges. Our injury law firm in Fort Lauderdale has secured settlements and verdicts ranging from $50,000 to $3 million for all types of injury cases. Our successful outcomes and positive client reviews demonstrate our commitment to our clients as their trusted lawyers.

Find out what your case could potentially be worth with a free case evaluation and consultation today. Even if you have already received a settlement offer from the insurance company, but have not accepted it, we invite you to get an honest, legal opinion before signing the offer.

Frequently Asked Questions