A car crash can change your life in an instant, leaving you with injuries that require extensive medical care and limit your ability to earn a living. At Frankl & Kominsky, our West Palm Beach car accident attorneys provide meticulous legal representation to victims of these collisions in South Florida. We will fight to seek the compensation you deserve for your injuries. Our attorneys never settle for less than what our clients need to move forward after a catastrophic accident.Car Crashes Happen Often in Florida
Thousands of Florida residents are injured each year in car accidents. In 2011, over 334,000 car drivers were involved in traffic crashes here, according to data from the Department of Highway Safety and Motor Vehicles. These incidents led to over 181,600 injuries and 2,400 deaths. Alcohol was a suspected or confirmed factor in at least 17,000 crashes.
All Florida drivers must have no-fault car insurance to cover expenses related to crash injuries. The state, however, only requires drivers to purchase $10,000 in coverage. This amount hardly covers the medical expenses and lost wages of an accident victim with devastating injuries. A victim can, however, initiate a personal injury claim against the driver responsible for the accident.Hold Careless Drivers Accountable
If you are a victim in a car crash, you can file a personal injury claim against whoever caused the crash. In most cases, that is another driver. You can hold the driver accountable if you can successfully prove that the driver is liable under a theory of negligence or negligence per se.
Negligence is a person’s failure to exercise reasonable care under the circumstances. To prove that a driver is negligent, you must show:
- Duty of care – All Florida drivers are required to exercise care. They must follow traffic regulations, have the proper license, and refrain from dangerous activities while driving.
- Breach of the duty of care – This occurs when a person fails to conform to the applicable standard of care. For example, a driver may violate the duty of care by failing to yield the right of way or breaking another traffic rule or law.
- Causation – You must show that the driver’s breach resulted in your injuries.
- Damages – You must have incurred actual damages as a result of your injuries.
In some cases, you may use negligence per se as a smoother route to getting compensation. This theory is available when a person violates a statute intended to protect a certain class of persons from a particular type of harm. The most common example of when you may use negligence per se is in a drunk-driving or drugged-driving accident. Florida law makes it a crime to drive under the influence of drugs or alcohol. If the driver in your case is convicted of a DUI, the driver is negligent as a matter of law, or negligent per se. This means that you can proceed directly to the causation element of your claim.Pursuing Compensation After a Collision
You can recover damages for your injuries, including compensation for medical expenses, property damage, lost wages and any loss of earning capacity, pain and suffering, and more. If you lost a family member in a fatal car accident, you might be able to recover damages by filing a wrongful death claim. Florida requires that you file a personal injury claim within four years from the accident, or two years for a wrongful death claim.
The defendant may argue that you were partly or mostly at fault for the accident. While some states bar recovery if a person is 50 percent or more at fault, Florida follows a pure comparative fault standard. This means that a court will determine each party’s degree of fault. You can then recover damages to the extent that you did not cause your injuries. For example, if a court finds you 70 percent at fault and the defendant is 30 percent at fault, you can still recover 30 percent of your damages.Attorneys Representing Victims of Miami Car Accidents
The injury lawyers at Frankl & Kominsky offer experienced and aggressive representation in car accident cases in and around West Palm Beach and throughout South Florida. We are seasoned litigators who will stand up for your right to fair compensation for your injuries. We can negotiate with insurers for a fair settlement on your behalf, and we will not hesitate to advocate for your rights at trial. Having worked for insurers in the past, we have gained insights that allow us to anticipate and counter the other side’s strategies. We serve clients throughout Broward County, including in Hollywood and Pembroke Pines. For a free initial consultation, call us at (855) 800-8000 or contact us online today. We speak Spanish and Creole.
- Fatal Car Accidents
- DUI Accidents
- Distracted Driving Accidents
- Failure to Yield Accidents
- Hit and Run Accidents
- Pedestrian Accidents
- Common Car Accident Injuries
- Side Impact Accidents
- Head-On Collisions
- Rear-End Collisions
- Mechanical Malfunctions
- Road Hazards
- Rollover Accidents
- Tire Blowouts
- Cell Phone Use While Driving