Fort Lauderdale personal injury lawyer

Determining fault in a Fort Lauderdale personal injury accident

Florida is a “no-fault” state, which generally means that victims must file a claim against their own policy regardless of who was at fault for the accident that caused their injury. This insurance covers personal injury but does not cover property damage.

However, the fault is still an issue for insurers. Insurance companies look to determine fault when your personal injury expenses extend beyond your policy’s coverage. The person at fault could be liable to pay a percentage of your damages based on the state’s comparative fault law.

Determining fault in an accident that resulted in an injury is essential if there was neglectful or impaired driving. In these cases, the fault lies with the person who was driving recklessly which could lead to them paying punitive damages.

The Fort Lauderdale personal injury lawyers at Lytal, Reiter, Smith, Ivey & Fronrath are here to help you determine fault in your accident and get the compensation you deserve.

The potential impact of comparative fault in Florida

Comparative fault allows victims to sue for damages even if they were partially at fault for the accident that caused their personal injury. This law awards victims based on the percentage that they were not at fault for the accident. In Florida, the “pure” comparative negligence standard can recover victims’ damages from 1% to 99% of their damages.

This law is meant to assist victims who may have played a role in the accident that resulted in their injury, rather than denying them any damages to help them cover their medical expenses.

Comparative fault is a common defense to reduce the amount of damages the defendant is owing. Insurance companies have been known to try to assign more blame to the victim to lower the amount they have to pay.

Without an attorney, it can be difficult to defend yourself against their accusations. Insurance companies focus on lowering compensation instead of caring for your well-being. Your attorney ensures that your personal rights are protected.

Contact an expert Fort Lauderdale personal injury attorney at Lytal, Reiter, Smith, Ivey & Fronrath to protect you against false ratios in a comparative fault case.

How personal injury cases differ from other legal cases

Personal injury cases are civil cases where you file against a specific party legally at fault for your injury. They can range from accidents to intentional acts to defective products to defamation. This variety of types of personal injury means that victims can be entitled to multiple types of damages.

If you had a physical injury as the result of an accident, you may be entitled to economic damages or financial compensation to recoup your expenses. However, if that accident caused permanent scarring, you could also be entitled to non-economic damages for the effect this injury will have on your life in the future. If the scars were the result of an impaired driver, you may also be owed punitive damages for their reckless driving.

The variety of circumstances, injuries, and damages make personal injury cases more complicated than other cases. It’s best to approach these cases with a Fort Lauderdale personal injury lawyer who can navigate local laws and knows how to get you the highest compensation possible.

With so many personal injury attorneys out there, it’s hard to know which one will best fulfill your needs. We know what we’re doing and have assembled an amazing and experienced team of personal injury lawyers who each work in a specialized practice area. You don’t just get one experienced lawyer on your team, you get an entire team with Lytal, Reiter, Smith, Ivey & Fronrath.

Reasons to choose Lytal, Reiter, Smith, Ivey & Fronrath as your personal injury attorneys

We only get paid if you win

Due to the nature of personal injury lawsuits, we understand that our clients aren’t in the position to put up tons of money to secure an excellent lawyer. That’s why our Fort Lauderdale personal injury attorneys work on contingency fees. The contingency is that we only get paid once we win your lawsuit, and then it’s only from the earnings, leaving you with peace of mind that the money you get will stay yours. 

We treat clients like family

Every client we help is treated with the respect and compassion that we would give to our own families. We know that healing from injuries can take a lot of energy and time, so we are patient in waiting to hear from clients. You will become like family to our firm, and we will aggressively represent you against those who harmed you. 

We prepare every case for trial

In a perfect world, insurance companies would pay fair amounts for the damages that their insured policyholders cause. But the bottom line to any insurance company is their profit. So, if they can offer a lower amount and get away with it, they will.

That’s why our personal injury attorneys prepare every case that comes through as though we were going to trial. Most of the time, a settlement can be reached, but we know that’s not always the case. By treating your case this way, we are ahead of the timeline instead of backtracking for facts. 

We earn maximum compensation for your personal injuries

We do not let insurance companies lowball or diminish your injury claims. They will try to deny your claims of injury to save themselves money, but we know all the tricks in the book. We know how to ensure you earn the maximum compensation due for your injuries, pain, and suffering. 

Personal injuries can result from a variety of accidents. Fort Lauderdale personal injury lawyers work with individuals who have been harmed in a variety of ways.

These are the common types of personal injuries that we assist our clients with:

1. Whiplash

Whiplash is a neck injury resulting from your head being whipped forward and back. It is a common injury from car accidents that strains the muscles in your neck. This injury can cause long-lasting damage if not treated properly. Whiplash causes headaches, tenderness, stiffness, and muscle issues in your shoulders.

2. Dog bites

Dog bites or dog attacks are self-explanatory, but the defense isn’t always as straightforward. Dog owners are typically liable for any personal injury caused by their dogs. 

However, sometimes a “one-bite” rule is used, where the owner is not liable unless their dog has previously shown aggressive tendencies. This issue could result in a victim not getting damages for their suffering. However, hiring a Fort Lauderdale personal injury lawyer can determine how to best proceed with your claim.

3. Concussions

Concussions are brain injuries typically caused by an impact on the skull. This can be the result of a slip and fall where someone hits their head on the ground or a car accident. Concussions are serious traumatic brain injuries that cause nausea, dizziness, sensitivity to light and noise, vomiting, and a change in behavior. 

Some victims miss out on weeks of work while recuperating or suffer life-long side effects from the injury if they don’t properly care for it. 

4. Traumatic brain injury (TBI)

Traumatic brain injury is an umbrella term for many brain injuries that can occur. Common symptoms vary depending on how severe the injury is. Mild symptoms include drowsiness, short loss of consciousness, vomiting, headaches, speech problems, and balance issues. 

Severe traumatic brain injuries can result in seizures, loss of coordination, long-term loss of consciousness, slurred speech, and even comas.

5. Contusions

Contusions are common personal injuries from slip-and-fall cases. They are colored portions of skin from burst blood vessels beneath the skin. Typically, bruising is a dark purple or blue. However, colors can range from green to yellow. Contusions are caused by hard impact, like falling on a sidewalk or bumping into a wall.

6. Internal damage

Internal damage is difficult to spot, which makes it difficult to identify. Victims of severe trauma can suffer internal bleeding, which can lead to blood loss, organ failure, and death if left untreated. 

Internal damage is one of the reasons that it is vital to go to the hospital after an accident occurs. You may feel fine in the moment, but you could be suffering from a severe injury.

7. Spinal injuries

Spinal injuries range from your neck to your back. These can permanently affect your life, causing long-term mobility issues that may prevent you from working. A mild spinal injury may heal quickly. Severe spinal injuries can result in paralysis, nerve damage, or permanent mobility restriction. 

These injuries can change your quality of life drastically and potentially threaten your employment. It’s important to get the proper treatment and to follow a doctor-prescribed recovery plan.

8. Fractures

Fractures or broken bones are obvious injuries that can be diagnosed quickly; however, they involve a long recovery period. Broken legs or arms may prevent you from working at your full capacity or may require bed rest for a period of time. These lost wages can significantly impact your life. 

Coupled with the cost of X-rays and follow-up appointments, fractures can be a surprisingly expensive personal injury.

9. Wrongful death

Wrongful death is when negligence causes an injury that leads to loss of life. This can occur in the moment, such as a fatal car accident, or be the result of injuries sustained during an accident. 

Of course, losing someone you love is traumatic. The last thing you need is insurance companies downplaying your loss and refusing to cover damages. Focus on healing from your grief and let a top Fort Lauderdale personal injury lawyer handle your case to ensure you get the damages you deserve.

10. Medical malpractice

Unfortunately, not all medical procedures go as planned. These cases can range from subpar care to active negligence on the part of the medical practitioner. If a doctor’s treatment leads to your injury, you may be the victim of medical malpractice. 

However, bad reactions or results from treatments do not necessarily qualify as medical malpractice. Contact a personal injury lawyer for a free consultation to see if your case qualifies.

11. Workplace injury

Workplace injuries vary greatly depending on your employment. These can range from unsafe working conditions in a factory that leads to a fracture or negligent safety practices causing long-term health problems. 

If you’re injured on the job, it can be difficult to pursue action against your employer. They are in a position of power over you as your source of income. Don’t let this prevent you from getting the compensation you need to recover with the popper treatment. Hire a lawyer to help support you.

After a serious personal injury, there are a variety of types of damages that you may claim. These are mainly broken into three categories: economic, non-economic, and punitive damages. It’s important to choose an attorney who will investigate not only your physical damage, but also your personal interests and emotional damage. Our lawyers know that injuries from serious accidents leave more than physical scars.

Economic damages

These damages have a paper trail. Any bill you’ve received that was directly related to the accident is recoverable in your lawsuit. This doesn’t just relate to medical costs either. Think of rental fees, car repairs, replacing broken items lost in the event, or even lost wages due to missing work.

Economic damages may include:

• Medical expenses
  • Ambulance fees
  • Emergency department fees
  • Follow-up visits
  • Physical therapy
  • Occupational therapy
  • Cognitive therapy
  • Counseling services
  • Diagnostic tests
  • Blood tests
  • Prescription and pharmaceutical costs
  • Travel costs
  • Mental health treatment
• Property costs
  • Car repair
  • Car replacement
  • Property loss
• Wage loss
  • Lost wages due to injury
  • Loss of potential income
  • Loss of earning potential

Non-economic damages

When something affects you negatively after a personal injury, compensation is still due. But since there is no dollar amount associated with the level of pain or emotional distress a personal injury can cause you, it’s crucial to have an excellent Fort Lauderdale personal injury attorney who knows how to demand compensation for the damages that aren’t apparent but no less life-altering.

Non-economic damages may include:

• Pain
• Suffering
• Emotional trauma
• Mental distress
• Humiliation
• Shock and grief
• Depression and anxiety
• Loss of consortium or affection

Understanding the weight of some of these non-economic damages can be difficult to imagine. Here are a few examples of how they could affect everyday life.

• Chronic pain due to nerve damage resulting from the injury
• Being unable to coach a child’s baseball team due to leg amputation
• Persistent and obsessive thoughts about the accident that affects day to day life
• Loss of a bread-winning spouse leaving young children and a loving family alone

Once again, these situations can be hard to quantify in compensation, but the pain and suffering you experience due to someone’s negligence should be compensated in your lawsuit.

Punitive damages

Punitive damages are damages awarded as a punishment to the defendant in civil cases rather than compensatory damages like the above. Punitive damages are awarded as a deterrent for the behavior that caused the personal injury to not happen again.

The state of Florida won’t routinely award compensation for punitive damages, but they may be awarded in especially heinous cases with recklessness involved.

The Florida Statute places a cap on punitive damages for victims of personal injury for three times the amount of compensatory damages (what we have listed above) or the max amount of $500,000.