Articles Posted in Motor Vehicle Accident

Car crashes are responsible for the majority of injuries reported in the city of Stuart and throughout the state of Florida. Injury victims are often overwhelmed with hefty medical bills, vehicle repair costs, and lost wages from missing work. Inquiring with a legal professional could help protect your rights to seek the funds needed for a healthy recovery.

If you or someone you know was injured in a motor vehicle accident, you can contact an experienced car accident lawyer at Frankl & Kominsky for a no-cost evaluation of your claim. You could be legally eligible for financial compensation to pay for your damages and losses. 

Our firm has over 40 years of combined legal experience while helping our clients recover more than $100,000,000 in successful verdicts and settlements. With more than four decades of combined experience covering car accident cases, we have seen a wide variety of crashes and many of them are avoidable. While you may already practice most of the safety precautions needed to be a safe driver, there may be some additional measures you may not be aware of or may have forgotten. 

Unfortunately, serious car accidents happen every day throughout Florida. Sadly, many of them are fatal. Dealing with a car accident fatality can have lasting effects on loved ones and entire families, especially when the deceased victim was financially supporting the family. If you or someone you know lost a loved one in a serious car crash, we recommend seeking legal assistance immediately. 

The compassionate lawyers at Frankl & Kominsky understand the struggles individuals and families face after losing someone you love. Our licensed car accident lawyers are available to discuss your accident claim during a no-cost consultation. We have handled more than 6,000 cases throughout Florida, including in the Boca Raton area. If your claim is valid, surviving family members of the deceased could be eligible for financial compensation.

Below, we explore the most common reasons why some car crashes end up becoming fatal. It is important to learn about these reasons and the ways to avoid them. Perhaps, you will want to share this page with someone you care about as well.  

While no two auto accidents are exactly alike, there are some common types of crashes that can result in serious damages. Having a licensed lawyer on your side could help you seek compensation to recover damages such as medical bills, lost wages from time off at work, property damage, pain and suffering, and other costs associated with the crash.

If you are in need of a Pompano Beach car accident lawyer, contact Frankl & Kominsky to set up a complimentary evaluation of your claim. Our lawyers have over 40 years of combined legal experience handling motor vehicle accident claims of all types. 

Read on to learn more about the types of car accident cases we handle and how we may be able to help build a strong case to pursue the compensation you may need for a healthy, stress-free recovery.

Although you may think having the police involved with a car accident may not always be necessary, not reporting the incident could end up hurting the value of your claim. Learn how having a police report may help improve your chances of recovering the fair amount of compensation you may need to cover medical expenses, lost wages, property damage, and other financial losses.

Whether you or a loved one was injured in a collision, consulting with a licensed attorney is highly recommended. A good attorney can help you obtain important documentation such as police reports and other valuable evidence to help strengthen your claim. When you hire reputable legal representation, your legal rights are protected so you can pursue fair compensation to cover your damages.

If you need legal advice about your situation, you can contact a dependable car accident lawyer at Frankl & Kominsky today. Our experienced team of legal professionals has handled cases throughout the state of Florida, including the Miami area (by appointment only). We offer a free initial evaluation of your claim during your first no-obligation consultation. Our goal is to help you seek the compensation you need for a healthy recovery.

Florida motor vehicle accidents that occur because of a negligent driver can leave motorists, passengers, and pedestrians in a precarious physical, financial, and emotional position. Although accidents can range in severity, head-on collisions tend to result in some of the most perilous situations for those involved. While Florida head-on collisions do not occur as often as other types of accidents, these tend to result in more catastrophic injuries.

The severity of these accidents depends on the vehicle’s force, or energy when it hits another vehicle or object. In typical driving situations, slow stopping will allow the vehicle’s brakes to absorb some of the energy. However, all of a vehicle’s kinetic energy must dissipate for the car to come to a complete stop. As such, when a fast-moving car comes to a sudden stop, all of the energy must dispel immediately. Thus the force and severity of an accident depend on how much energy the car has at the moment of the collision. Scientifically speaking, when two cars are moving towards each other, the kinetic energy will result in a more severe accident. For example, two cars traveling at 50 mph that slam into each other will be similar to the vehicles hitting a concrete wall.

In most cases, a driver can do something to minimize the force of the collision even when an accident seems inevitable. Drivers can reduce their speed, hit something softer, or try and hit the oncoming vehicle from the side rather than head-on. In any event, these accidents often result in serious and life-threatening injuries. For example, a recent report described a Florida head-on accident that took the life of a 26-year-old man. Police records indicate that a 72-year-old man was driving northbound when he veered to the right and struck a cable box. The vehicle then traveled back into the northbound lane, across a median, and struck the young man’s vehicle. Sadly, the young man died upon impact, and the 72-year old was taken to a hospital.

If you or a loved one was involved in a car accident, you have a limited amount of time to file an injury or damages claim to recover financial compensation. Each state has its own laws which grant accident victims a certain period of time in which a claim must be filed. Although most personal injury cases in Florida allow for victims to file suit within four years from the date of the accident, there are some instances when you may need to submit your claim sooner.

It is a good idea to speak with a licensed lawyer to verify the correct due date for your claim. You can schedule a complimentary initial consultation to find out if your claim is valid and when it must be submitted with the skilled attorneys at Frankl & Kominsky. If you or someone you love is in need of a reputable car accident lawyer, give us a call today at (954) 866-9160. Our licensed attorneys have handled cases throughout Florida, including the Fort Lauderdale area.  

If you are unsure about the due date for your car crash claim, it is recommended to contact an attorney as soon as possible. If you wait until it is too late, you run the risk of having your case dismissed by the court and disqualified from filing a lawsuit to pursue compensation for your injuries and other losses. 

After a Florida car accident, injury victims often incur significant damages, including expenses related to their medical bills, lost wages and benefits, and pain and suffering. Depending on the accident’s circumstances, victims who wish to recoup these damages have several options, including filing a lawsuit against the responsible party. Despite a popular misconception, an overwhelming number of personal injury lawsuits do not make it to trial. In some cases, the court will dismiss a plaintiff’s case because of a substantive or procedural issue. In other situations, the parties will reach a settlement agreement that negates the need for a lengthy trial.

A settlement agreement is a legally binding contract that the parties reach voluntarily. The plaintiff and defendant or insurance company negotiate the terms of the contract. In return, the plaintiff agrees to cease any further legal action related to the incident. These agreements usually do not require the defendant to admit guilt; instead, it lays out that the defendant is resolving the issue for an agreed-upon amount. In some cases, the payment occurs in one lump sum, and in other cases, the parties may agree to stagger the payments. These agreements can occur at any time during the proceedings; however, they must occur before the jury reaches a verdict.

There are many advantages and disadvantages to signing a settlement agreement; however, an attorney is one of the most indispensable resources during this process. When accident victims attempt to negotiate the terms of a settlement without an experienced attorney, they may find themselves in a detrimental situation. For instance, injury victims may settle for an inadequate amount, the terms may not be beneficial, or the settlement may not be legally binding.

Summary judgment is a crucial procedural tool that has many implications for Florida car accident plaintiffs. The summary judgment stage occurs before trial, during which time either party can ask the court to rule in their favor. Either party can use all of the evidence they obtained during the discovery phase to support their motion. A ruling is only appropriate if the moving party shows there is no genuine issue of material fact.

At the end of 2020, The Florida Supreme Court decided to modify its Civil Procedure Rules. The ruling will go into effect on May 1st, 2021, and will amend Florida’s rules to comport with the federal summary judgment standard. The changes are critically important in Florida accident cases, and plaintiffs must understand how the rules will impact their lawsuits. The Court reasoned that the change would “improve the fairness and efficiency” of the state’s civil justice system.

The court’s opinion arose from a fatal rear-end Florida car accident. The decedent filed a lawsuit against the front-truck driver and his employer. During the trial, the defendant-company, presented video evidence from a dashcam, establishing that its driver did not cause the accident. The defendant moved for summary judgment based on the video, arguing that the video served as undeniable evidence that the driver was not negligent. The trial court granted the defendant’s motion, but the appellate court reversed the trial court’s ruling, based on Florida’s prevailing summary judgment standards.

Head-on collisions are one of the most frightening and dangerous types of Florida traffic accidents. Although any accident can lead to severe injuries, head-on collisions often have catastrophic consequences. These accidents are inherently more dangerous because of the direct impact involved when the cars collide, as well as the fact that head-on collisions often involve vehicles traveling at high speeds.

According to statistics released by the Florida government, the state sees almost 400,000 traffic accidents every year. Although head-on collisions make up a small portion of these accidents, nearly 10% of head-on collisions result in a fatality. Many different situations lead to these devastating accidents. The most common causes of Florida head-on collisions include situations in which:

  • The driver is impaired because of illegal or legal drugs or alcohol;

After a car accident, injury victims and their family members who wish to recover compensation for their damages must understand their rights and potential remedies. Establishing fault after a Florida car accident is the most critical aspect of a personal injury claim. Typically if the other motorist’s negligence, carelessness, or recklessness caused the accident, the victim may be entitled to compensation. However, if the other party establishes that the victim was also responsible for the accident, their compensation may be reduced by their fault level. Proving fault and refuting comparative negligence claims are a crucial part of the process.

Florida is a no-fault insurance state, which means that victims must file a claim with their insurance company after an accident, regardless of which party was at fault. The only exception to this rule is if the victim suffered permanent injuries or injuries involving scarring and disfigurement. In Florida, fault is a critical part of this process because the state follows the comparative negligence model of liability. Juries generally calculate two things, the total amount of the plaintiff’s damages and the percentage of fault that belongs to each party. Then a plaintiff’s recovery is reduced by the level of fault the jury attributes to them.

Florida victims must establish fault and refute comparative negligence claims if they wish to recover the maximum amount of compensation for their damages. Establishing fault requires the plaintiff to prove that the other party failed to act reasonably and breached their duty of care. One of the many ways a plaintiff can establish this is by gathering witness statements. Witness statements can provide juries with valuable insight into the events leading up to the accident. Next, digital evidence in the form of photos or videos can provide the jury with vital information. Moreover, if a victim can prove that the other driver was violating a Florida traffic law, the court may impute liability based on negligence per se. This often occurs if the at-fault party received a traffic citation or is arrested after an accident for a traffic crime such as impaired driving or speeding.

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