Attorneys for Motor Vehicle Accident Injuries
Being involved in an accident can be one of the most traumatic experiences of your life, but it doesn’t usually end with the visit to the emergency room.
In addition to the follow-up appointments, physical therapy, and other medical treatments, you may be out of work for months when you won’t receive a paycheck. Additionally, you may be in physical pain. You deserve compensation for all of the above damages and more. Weinstein Legal represents accident victims all over Florida and has offices in Orange, Broward, and Palm Beach counties. We work on a contingency basis, meaning you don’t have to pay out of pocket for our professional legal services. We also offer a free, no-commitment initial consultation, so if you’re a car accident victim, call today.
How a Motor Vehicle Accident Attorney Can Help
Getting a full and fair settlement from an insurance company requires legal expertise and knowledge. If you try to negotiate with the insurance adjuster without an attorney, the odds are not in your favor. Insurance adjusters are professionals who are accountable to their employers. They have a vested interest in minimizing your claim. Among other things, an attorney can review the insurance settlement offer and determine whether or not it is commensurate with your damages.
- Collecting all medical reports related to your accident from the hospital, your doctors, specialists, etc.
- Reviewing the police crash report
- Subpoenaing and deposing accident witnesses
- Reviewing all physical evidence
- Recommending medical specialists to the victim
- Negotiating with healthcare providers to bring down the overall cost of recovery
- Approaching the insurance company with a counter-offer to their settlement
- Negotiating with the insurance company
- Litigating the case should it become necessary
With offices in Orlando, Fort Lauderdale, and West Palm Beach, Weinstein Legal represents clients throughout south and central Florida. If you are not located near our offices, but you’ve been injured in an accident, look for a “personal injury attorney near me” and start making some calls. You won’t regret having representation during this trying time.
How to Strengthen Your Motor Vehicle Accident Claim
Motor vehicle accidents can be complicated, and the defendant’s insurance company will use any lack of evidence as an excuse to reduce their settlement offer. There are, however, steps you can take to bolster your claim. The following checklist can help your physical and financial recovery.
- Move to a position of safety – If you’re not safe where you’re located for any reason, move your vehicle to a place where you’re safe. Otherwise, leave your car in the position of final rest after the accident.
- Call 911 – The dispatcher will want to know the location and direction of travel, description of vehicles, including their license plates, types of injuries, etc. Try to remain calm and answer the information you can.
- Get witness information – Witnesses sometimes only stop to ensure that the police have been called and then leave. Try to get the witnesses to remain on scene or get their information. The police can contact them later for statements.
- Take pictures or a video – From a position of safety, take pictures of the vehicles, street signs or location markers, vehicle damage, and physical injuries.
- Allow the EMTs to examine you – Make sure the EMTs check you, even if you feel like your injuries are minor. If they recommend taking you to the ER, allow them to. Follow up with your doctor at your earliest convenience.
- Contact a motor vehicle accident attorney – Before you file a claim with your insurance company, discussing your accident with a lawyer is a good idea. Your attorney can file a claim on your behalf. Do not accept an insurance settlement offer before you discuss it with your attorney. Once you sign a waiver or release, you won’t be able to ask for more money if the settlement is insufficient.
Even if you didn’t follow all of the above-listed recommendations, you might still have a case. Get in touch with a personal injury lawyer as soon as possible.
Statute of Limitations for Motor Vehicle Accidents
There are many reasons you should contact an attorney as soon as possible after a car accident, but the clock on the statute of limitations starts the day of the accident. In Florida, you must file suit within four years of the date of the accident. For a wrongful death case, you only have two years from the date of the decedent’s death. This may sound like a significant amount of time, but your attorney will need time to build their case. If the statute of limitations lapses, you will not be able to sue should become necessary.
Motor Vehicle Accident Law
Car accident cases can involve civil, criminal, and traffic laws. Here is how each can affect your case.
Civil Tort Law
In order to seek damages, your attorney must be able to…
- The defendant had a duty of care to other drivers on the road. All drivers have a duty of care for other drivers, pedestrians, and cyclists.
- The defendant breached that duty of care.
- The accident was the result of that breach.
- The accident caused damages.
Under Florida’s pure comparative negligence law, a plaintiff’s damages can be reduced if they were partially negligent. For example, if the court determines that your accident was 25% your fault, your award can be reduced by that portion.
Most accidents result from one or more violations of Florida’s traffic laws.
- Failure to yield the right of way
- Running stop signs or red lights
- Improper lane change
- Following too closely
- Distracted driving
- Reckless driving
If the police issue a traffic citation to the defendant, it can support your case. It’s important to understand that the defendant’s liability will have to be established separately, but it is definitely an indication of fault. Your attorney can later depose the officer to determine why they issued the citation.
Some accidents involve criminal activity or result from such severe negligence that they can result in criminal charges.
- Vehicular manslaughter
- Fleeing and eluding the police
- Driving while under the influence of alcohol or drugs
Weinstein Legal’s attorneys are knowledgeable in all intersecting areas of the law pertaining to motor vehicle accidents. They can review your case and work on formulating a legal strategy that will ensure the maximum settlement amount.
When to Hire a Lawyer After an Accident
Insurance adjusters will often tell accident victims that they don’t need an attorney. They will contact you as early as possible — even showing up at the emergency room in some cases — and will make you an offer to cover all of your medical expenses. They’ll argue that if you hire a personal injury lawyer, you’ll have to split your settlement with them. While this may sound like a logical argument, the truth is that most plaintiffs due far better when they hire a motor vehicle accident lawyer to handle their claim. Even after the fees are deducted, the plaintiff settlement or jury award tends to be larger. Don’t hesitate to contact an attorney. Weinstein Legal will begin working on your case the minute you reach them, so call today.
Frequently Asked Questions about Motor Vehicle Accidents
Weinstein Legal has extensive experience handling car accidents, truck accidents, motorcycle accidents, and more. Here are some of the most common questions our attorneys hear from plaintiffs.
Why Shouldn’t I Accept the Insurance Company’s Initial Offer?
Most insurance adjusters calculate only economic damages and frequently fail to include all of those items. You are also entitled to reimbursement for pain and suffering, loss of capacity, etc. A car accident lawyer can provide a comprehensive list of damages.
Can I Talk to the Police After an Accident?
Yes, and you will need to answer some basic questions for them to complete their investigation. You should not admit guilt or accept partial responsibility before you speak to your attorney.
Contact Our Florida Motor Vehicle Accident Lawyers Today
Weinstein Legal has represented hundreds of clients in Orange, Palm Beach, and Broward counties. They have a proven track record of success and are revered in the Florida courtrooms where they practice. Contact Weinstein Legal for a free case evaluation today.