No one ever wants to be involved in a car accident, much less be injured in that accident. If you were in an injury accident and you wish to recover damages above the amount allowed by your personal injury protection (PIP), it is essential to establish that the at-fault driver in your accident caused your injuries. This can be difficult if there is no police report or the other driver contests liability.
A Fort Lauderdale accident reconstruction lawyer can examine the facts of your accident and seek fair compensation from a liable party. The Law Offices of Anidjar & Levine has an accident reconstruction team that can help you prove your case. Our personal injury attorneys have over 100 years of combined experience fighting for accident victims all over Florida, including Ft. Lauderdale.
How Do Accident Reconstruction Lawyers Work?
Accident reconstruction lawyers conduct detailed examinations of the evidence in a car accident case to establish the chain of events that led to the collision. They start with the crash itself and then analyze the available evidence to work backward and discover who (or what) caused the accident. Examples of the evidence an accident reconstructionist might use in a case may include the following:
- The damage to the vehicles involved in the accident
- The driving conditions (e.g., weather, time of day, road conditions) at the time of the accident
- The nature and severity of any injuries sustained by anyone involved in the accident
- The police report
- Any available video evidence, such as public traffic cameras or footage from dashcams belonging to law enforcement or the parties involved
- Eyewitness reports from the vehicle occupants and any bystanders
They may also visit the scene of the accident and conduct a visual examination to see if any other factors not in evidence contributed to the accident. There may be skid marks or other evidence of vehicle impact. By using all this evidence, the accident reconstructionist may be able to ascertain which driver was at fault and whether they committed vehicle code violations such as distracted driving or speeding in the lead-up to the accident.
For a free legal consultation with a accident reconstruction lawyer serving Fort Lauderdale, 800-747-3733
Can You Demand Damages After A Fort Lauderdale Car Accident?
Whether you can demand damages from the at-fault driver after a Fort Lauderdale car accident depends on the extent of the damages you suffered. Florida Statutes §627.737 has a no-fault provision that requires all motorists to carry a minimum personal injury protection (PIP) policy that covers them for up to $10,000 in damages after a car accident.
If you wish to file a claim against the at-fault driver in your accident, the total damages must exceed the $10,000 threshold of your own PIP policy. The physical injuries you’re demanding damages for must meet what is commonly known as the “significant bodily injury” standard. Specifically, Florida’s legal standard states your injuries must fall into one of the following four categories:
(a) Significant and permanent loss of an important bodily function
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
(c) Significant and permanent scarring or disfigurement
If your injuries exceed the $10,000 threshold and meet one, or more, of the above-listed standards, you can file what is known as a personal injury case against the person who caused your accident.
What Are Economic Damages In A Fort Lauderdale Car Accident?
Your economic damages refer to compensation you can demand for certain expenses you incurred because of your accident. Some common economic damages in car accidents include:
- Medical bills
- Post-accident care, such as nursing or physical therapy
- Lost income
- Miscellaneous expenses, such as transportation to the hospital after the accident
- Repair cost or replacement value of your vehicle if the repair costs exceed its fair market value
Can You Demand Non-Economic Damages After An Accident?
Florida law does recognize that accident victims may experience pain and suffering during their recovery. If you wish to claim pain and suffering as non-economic damages, you must be able to demonstrate fault. You must also prove that your physical injuries are severe as defined by Florida law.
An accident reconstruction lawyer from our firm may be able to help you prove fault in your case. Once we’ve done that, we may have legal grounds to demand both economic and non-economic damages on your behalf (assuming your injuries meet the legal threshold for severity).
Fort LauderdaleAccident Reconstruction Lawyer Near Me 800-747-3733
How Much Time Do You Have To Demand Damages?
Fault-based car accident cases fall under Florida’s personal injury laws. Florida Statutes § 95.11(3)(a) generally give you no more than four years after the date of your Fort Lauderdale accident to file a personal injury lawsuit.
If you lost a loved one in the accident and you want to demand damages for wrongful death, the statute of limitations is two years from the date your loved one passed away, according to Florida Statutes § 95.11(4)(d).
If you don’t make your demand before the expiration of the statute of limitations, you may lose your right to do so in the future. If one of our Fort Lauderdale car accident lawyers or accident reconstructionist lawyers is assisting you with your case, we’ll see to it that your case is filed within the time allowed.
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Work With A Fort Lauderdale Accident Reconstruction Lawyer
If you are considering filing a demand for damages after a car accident, it helps to make an informed decision. This is especially true in cases where the party you are seeking damages from is denying liability or the fault in your case wasn’t clearly established in an official document like a police report. The Law Offices of Anidjar & Levine want to help you make the best decision possible.
That’s why we offer free consultations to anyone who wants to talk to one of our car accident reconstruction lawyers. We will give you our opinion on whether you have a case, how much your case may be worth, or any other questions you might have. Call us today. We’re here to help you, and if you need us, we’re here to fight for you.
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