Fort Lauderdale Car Accident Lawyer

Have you or your loved one been involved in an auto accident in Fort Lauderdale? Do you want to make a claim for damages and need guidance from an experienced firm? Look no further than Lytal, Reiter, Ivey, Smith & Fronrath. We are an experienced team of Fort Lauderdale car accident lawyers passionate about helping our clients get the maximum compensation for their accidents.

With over 30 years of experience and over $2.5 billion recovered for clients, you can trust our experience to get you the compensation you deserve. Contact our Fort Lauderdale personal injury attorneys today to receive your risk-free initial consultation and learn how we can help you pursue maximum compensation.

How Can Lytal, Reiter, Ivey, Smith & Fronrath Help You?

Here’s what sets Lytal Reiter apart when dealing with your Boca Raton car accident:

Protecting Your Rights

After an accident, insurance companies often try to downplay your injuries or offer a lowball settlement. We aggressively protect your rights and ensure you receive fair compensation for your medical bills, lost wages, and pain and suffering.

Don’t Pay Unless You Win

We understand the financial burden an accident can create. That’s why we work on a contingency fee basis. You pay nothing upfront, and our fees come only if we win your case.

We Pursue Maximum Compensation

Our team has a proven track record of obtaining maximum compensation for our clients. We understand the full scope of damages you may be entitled to, including medical expenses, lost wages, property damage, pain and suffering, and future medical needs.

Why Do I Need a Fort Lauderdale Car Accident Lawyer?

After an accident, you may assume that you can just work with your insurance company and get the compensation you need to get back on your feet. You pay your premiums, right? While this may seem completely logical, the unfortunate truth is that the insurance company is a profit driven business, so it is in their interest to pay out as little as possible. Having a car accident lawyer on your side helps you get the compensation you deserve due to their experience in several factors, like case preparation, negotiation skills, and representation in court.

Case Prep

While it might seem like it’s easy to make a claim, it does require a lot of preparation to ensure your case is watertight. As such, the case prep that goes into your claim must be diligently carried out, with every aspect of your claim backed with evidence. To this end, we typically collect:

• Police reports,
• Eyewitness statements,
• Surveillance and/or dashcam footage,
• Blood alcohol test results,
• Phone usage records,
• Medical bills,
• Maintenance or repair logs for roadways
• Maintenance or repair logs for vehicles,
• Vehicle repair invoices,
• Paystubs and/or salary slips to prove lost income,
• Details on citations and/or suspensions, if any, of the accused driver and
• Expert testimony is needed to validate our use of the damages multiplier.

Aside from working on securing all the necessary documents, we also work with you to ensure you are prepared for the process. Whether you’ll be presenting your case in court or working on negotiating a settlement with the insurance company, we will navigate what many people consider murky water.

Settlement Negotiations

Negotiations are an important part of resolving any car accident claim in Fort Lauderdale. While you might not have to file a lawsuit and go to trial, you will certainly negotiate with an insurance company.

With this in mind, you need an experienced attorney to help you navigate through the negotiations, which are fraught with hurdles. For starters, the insurance company will most likely lowball you. After all, their main goal is to pay as little as possible and protect their bottom line.

Another hurdle is Florida’s legal system, which incentivizes claimants to accept a fair car accident settlement offer at the risk of being punished if they don’t accept the settlement. If they reject a settlement, go to trial, and the final settlement is within 25% of the earlier settlement, you’re required to pay the other party’s legal fees.

As such, you need an experienced attorney who has a strong understanding of how to properly evaluate your accident and negotiate your settlement. Otherwise, you might end up with a lowballed settlement or incur legal fees for the defendant.

Trial Prep & Representation

In some cases, the cost of an accident might be astronomical, while the compensation is not fair. Having considered all the evidence and failed negotiations, going to trial might be the best and only option remaining. An attorney is essential in such cases as they are knowledgeable and experienced in collecting evidence and presenting the evidence in court to make a case for your claim.

How Much Does a Car Accident Lawyer Cost?

At Lytal, Reiter, Ivey, Smith & Fronrath, we don’t charge our clients upfront. We are “paid on contingency”. This means we are only paid when and if we succeed in winning your case. As such, you will not have to dig into your pocket to seek justice.

From the initial consultations to the conclusion of the case, everything is covered under our contingency fee policy. When we win your case, our fees are deducted as a percentage of the total compensation.

This approach has two benefits for you. First, you incur no cost when receiving our car accident services, making it much more affordable. Secondly, you can rest assured that we are highly incentivized and motivated to recover as much compensation as possible on your behalf, as we only get paid when we succeed in helping you.

Reach out to our team of experienced car accident attorneys in Fort Lauderdale for a free consultation about your case. It might cost you nothing!

What Should I Do After a Car Accident?

The steps you take after an accident are important for your health and safety and in ensuring you get the right compensation when the time to make your claim comes. We advise all accident victims to follow these steps:

• Step #1: If it’s safe to do so, move your vehicle to a safer location
• Step #2: Check yourself and your passenger(s) for injuries
• Step #3: Call 911 and ask for police and an ambulance
• Step #4: Tell your side of the story to the responding police officer
• Step #5: Gather evidence at the scene by taking photos and taking witness statements.
• Step #6: Notify your insurance company
• Step #7: Visit Urgent Care or your primary care physician and get a comprehensive medical recovery program from your injuries.
• Step #8: Meet with a Fort Lauderdale car accident attorney at Lytal Reiter Ivey Smith & Fronrath to understand your legal options.

Bonus Tip! –  One thing that you SHOULD NOT do after a car accident is post about it on social media. The insurance company’s legal team is going to look for every opportunity to discredit you or downplay your injuries; don’t make their job easier by talking about the accident in a public forum like social media.

When Should I Get a Lawyer for My Auto Accident?

The first thing you should do after you seek medical attention is to hire an auto accident attorney near you. After an accident, insurance companies are quick to make contact with the claimant and look for ways to minimize their payout. Moreover, you need to start building your case as early as possible.

Consequently, you need an experienced attorney to guide you as you might fall into legal pitfalls unknowingly, affecting the strength of your claim.

What is the Average Settlement Amount for a Car Accident in Fort Lauderdale, FL?

Settlement amounts for car accidents can range from as low as $10,000 to multi-million dollar compensations depending on the overall effect the accident has on the victim. The injuries are typically categorized into three categories depending on the severity of the injury – Level I, Level II, and Level III. These three classes are used to determine the actual compensation the accident victim or their family are to be compensated for the injuries:

• Level I – This is the category of minor injuries such as whiplash, sprains, and soft tissue injuries. Typically, the settlement ranges between $15,000 and $31,000.
• Level II – If you suffered moderate injuries, your injuries are categorized as Level II injuries. Injuries in this category include bone fractures and herniated discs, and the settlement tends to range between $49,000 and 110,000.
• Level III – This is the most severe class of injuries that are difficult or impossible to recover from. It includes permanent impairment and death. Settlements in this category range between $150,000 and $ 390,000.

Aside from being compensated for medical expenses, you can also seek other types of compensation, including:

• Property damage
• Lost wages
• Reduced earning potential
• Pain and suffering
• Reduced quality of life

These damages are awarded on top of medical-related damages and can enhance your compensation significantly. However, since some of them are difficult to quantify and are calculated on a case-by-case basis, it is difficult to pinpoint an average.

Learn More: How Much Money Can You Ask For in a Car Accident Case?

How is Liability Determined in a Car Accident Case?

Proving liability in Fort Lauderdale car accidents requires the plaintiff to prove the following elements:

Duty of Care

Duty of care for drivers revolves around every driver being responsible for the safety of other car users. In other words, every driver should operate their vehicle in a way that does not injure other drivers.

You should gather evidence of the driver with the duty of care at the scene of the accident. The best evidence of duty of care is the police report, which may testify to prove your assertions. Additionally, you can gather eyewitness accounts, photographs, and videos of the accident scene.

Breach of Duty of Care

A breach of duty of care is any form through which an accident occurs. It might be something as simple as a driver being unaware they’re endangering others to reckless and dangerous driving.

There are numerous ways through which drivers neglect their duty of care, including texting and driving, using social media while driving, drunk driving, intoxication, driving while fatigued, driving while distracted, and much more.

You need to prove a breach of duty of care took place in relation to standards of reasonable care. For instance, sending a text right before the accident, making a U-turn where they are illegal, driving while intoxicated, driving in a poorly maintained vehicle, etc. It is reasonable for a driver not to make a U-turn where it’s prohibited or drive while intoxicated.

Injury Suffered

You also need to prove that the breach of duty of care caused the accident and injuries. Keep in mind that Florida law does not allow you to seek compensation if no damage is caused. So if the at-fault driver breaches their duty of care and causes an accident but you’re not injured, you are not allowed to collect compensation.

As such, you need to breach the duty of care and how it caused your injuries, whether the accident and/or injuries were minor or major.

Proof the Injury Came From Breach

As the claimant, you are responsible for showing the actual and proximate causes of the injuries, what is called the “but for” test. For instance, “But for the defendant not making a U-turn where it’s prohibited, I would not have been injured.”

To check all the boxes, you need an experienced Fort Lauderdale lawyer to ensure your case meets the threshold when scrutinized through the legal lens.

What if I was Partially at Fault for the Accident?

Don’t worry, you’ll still get compensated. The other party only has to be mostly at fault for the accident for you to get compensated.

That said, you should note that the calculation of compensation is also affected by how much you may be at fault for the accident. Florida operates under a comparative negligence system, which means the responsibility for paying for damages is based on the percentage of fault.

For instance, if you’re in an accident, and your actions are deemed to have been 30% of the accident, your compensation will be reduced by 30%, and you will be responsible for 30% of damages to the other party.

While the comparative negligence system is designed to bring about fairness in settlements after the accident, you should note that many insurance companies take advantage of the system. They try as much as possible to push as much of the blame on you to reduce the payout. That’s why you should contact our lawyers to ensure you receive your rightful compensation.

Learn More: Can I File a Claim if I Received a Ticket After a Car Accident?

What Type of Damages Can I Claim After My Car Accident?

The cost of an accident can be enormous. Recovering from injuries takes a lot of financial resources and time, all the while being away from work and family. There are several types of damages that are designed to compensate you for everything you endure after an accident. These include:

Economic

Economic damages are the types of damages associated with compensating the accident victim for the financial toll resulting from the accident. They include the following:

• Medical Bills: These are costs incurred when paying your medical bills. Health care after an accident tends to be a long-lasting and often times expensive affair that you should be compensated for.
• Property Damage: You can seek compensation for property damage (such as replacement vehicles for totaled cars and repair expenses for non-totaled vehicles and any property inside the vehicle).
• Lost Wages and Benefits: Aside from medical expenses, you can also get compensated for lost past and future wages occasioned by the accident.
• Reduced Earning Potential: This type of settlement is designed to compensate an accident victim who is unable to go back to work or can only work a reduced number of hours or capacity.

You can also seek damages for the cost incurred due to

• Emotional counseling,
• Physical, occupational, and vocational therapies,
• Travel expenses associated with seeking medical care, and
• Cost of at-home personal health care.

To get all of the economic damages you seek, you need to document all of your expenses.

Learn More: 8 Questions About Pursuing Damages After a Car Accident

Non-Economic

Non-economic damages are typically called the pain-suffering damages. These damages are designed to help accident victims cope with the physical pain and suffering, emotional distress, and mental anguish caused by accidents. While this type of compensation is difficult to calculate, it is most often awarded to individuals left with permanent or long-lasting injuries.

Some of the common damages we help our clients seek under this category include:

• Physical pain and discomfort
• Mental anguish and emotional distress
• Reduced capacity to enjoy life
• Psychological damage, anxiety, PTSD, and depression
• Disfigurement and scarring
• Permanent impairments and disabilities
• Decreases in quality of life

Moreover, we also help our clients seek a reduced quality of life compensation. This type of settlement is awarded to an individual whose quality of life is diminished by the accident. For instance, when an accident victim can no longer enjoy certain activities, they might be awarded to compensate for the reduced quality of life settlement.

Finally, suppose the victim’s family is deprived of the benefit of a family relationship, such as an intimate relationship with the spouse. In that case, we also help our client seek loss of consortium.

Punitive

If the accused driver caused the accident maliciously, intentionally, or due to gross negligence, such as drunk driving or driving and texting, they are punished for their actions in the form of punitive damages. These are awarded on top of the economic and non-economic damages if you’re allowed to seek punitive damages.

The type of damages are generally limited to the greater of (except in the DUI cases where the damages are not limited):

• A total of $500,000, or
• Three times the amount of compensatory damages.

How Long Do I Have to File a Claim?

Time is of the essence when seeking damage in Fort Lauderdale. Your promptness in seeking compensation can make a world of difference in the outcome of your case. For starters, there is the issue of statute of limitation for seeking damages after an accident. In Florida, per statute 95.11, you should file a car accident claim within four years from the date of the accident. Otherwise, you void your right to seek compensation.

Aside from the statutes of limitation for accident claims, taking prompt action also bodes well for the outcome of your case. Engaging with our lawyers early allows us to preserve and collect all the necessary evidence in good time. It also ensures we deal with the insurance companies promptly while negating the risk of incurring legal pitfalls throughout the process.

Learn More: How Long Do I Have to File a Claim After a Car Accident?

What is PIP and How Will it Affect My Car Accident Claim?

Personal Injury Protection (PIP) insurance is the minimum insurance that drivers are required to carry in the state of Florida. It’s a medical coverage that covers medical expenses one incurs due to an accident. It may affect your claim since it is limited to $10,000 and may not cover lost wages and other damages.

What Happens if Insurance Denies My Claim?

You have the right to appeal the decision. Importantly, our car accident lawyers will help you craft the appeal and make any corrections in your initial filing to ensure the appeal succeeds.

Can an Attorney Help Me File My Initial Claim?

Yes. In fact, it is advisable to allow an experienced attorney to make the initial claim. Involving an experienced Fort Lauderdale car accident attorney ensures you avoid many of the legal pitfalls that negatively impact the amount accident victims are compensated.

Fort Lauderdale, FL Car Accident Statistics

Fort Lauderdale is only home to about 183,000 residents. However, the city is one of South Florida’s most popular tourist destinations, attracting roughly 10 to 12 million tourists every year. Naturally, the substantial influx of tourists unfamiliar with the roads creates a hazard that causes thousands of accidents each year.

Data collected by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) indicate that vehicular accidents in Broward have been an issue in the last years. The latest available car accident statistics for the area are:

• 2019: 41,114 accidents (with 214 fatalities and 23,671 injuries)
• 2020: 34,050 accidents (with 268 fatalities and 18,984 injuries)
• 2021: 41,381 accidents (with 280 fatalities and 23,071 injuries)
• 2022: 40,837 accidents (with 288 fatalism and 23,717 injuries)
• 2023: 40,211 accidents (with 209 fatalities and 24,502 injuries)

Based on these data, Broward County has about 110 car crashes every day, with the exception being 20202. The deep in the rate of accidents in 2020 can be explained by restrictions on movement occasioned by the pandemic.

Sometimes, the road also plays a huge part in causing accidents. Congested intersections, intersections with obscured views (typically from overgrown bushes), and high pedestrian traffic intersections, especially in downtown Fort Lauderdale make the roads inherently susceptible to road accidents. Some of the most dangerous intersections in Fort Lauderdale you should be aware of include:

• A1A and Las Olas in Fort Lauderdale
• W Sunrise Blvd & N Andrews Ave
• Atlantic Blvd. and U.S. 1
• US-27 & Griffin Rd
• NW 50th Ave & W Oakland Park Blvd

While road accidents can occur just about anywhere, you should be extra cautious while traversing the aforementioned roads.

Learn More: The Most Dangerous Intersections in Fort Lauderdale

What are the Most Common Causes of Auto Accidents in Fort Lauderdale, FL?

While the number of accidents in Fort Lauderdale is a huge concern, it’s hard to pinpoint just one cause. The causes of these accidents are varied and in many cases, multiple factors cause the accidents. Some common causes of car accidents include:

• Distracted Driving – Distracted driving, which can be categorized as driver negligence, occurs when a driver does not pay full attention to the task at hand by keeping their eyes on the road and their hands on the wheels. Distracted driving may cause the driver to miss stopped or slow vehicles, stop signs, or traffic signals, resulting in an accident. Activities such as operating/using your phone, otherwise known as texting and driving, constitute distracted driving and have been banned since 2014.

• Speeding – Speeding is a major factor in accidents. It is a major factor in one out of five accidents in the U.S. Driving over the speed limit reduces the time and distance you have to react to emergencies while driving. This results in serious accidents that may also result in criminal charges.
• Reckless Driving – Driving can be classified as reckless driving if it involves something as simple as driving at high speeds or other dangerous conduct such as road rage or street racing. And like speeding, individuals who drive recklessly can be liable to criminal charges.
• Drunk Driving – Driving under the influence of any substance in Florida, as it is in every other state in the country. Unfortunately, Broward County does have plenty of accident cases caused by drivers driving while intoxicated. Similar to reckless driving, drunk driving can attract criminal punishment.
• Unfavorable Road Conditions – Road conditions such as uneven surfaces, cracked roads, potholes, steep inclines and declines, slippery surfaces, poor or non-existing signage, sharp turns and curves, and poorly designed intersections contribute to numerous accidents every year. On the other hand, weather conditions such as rain and fog (resulting in poor lighting) create hazardous conditions that increase the risk of weather accidents.
• Failure to Yield Right Away – With a high number of tourists, the roads in Fort Lauderdale tend to be crowded. Consequently, some drivers get impatient and refuse to yield of way, especially at intersections. Some drivers accelerate to “beat” the lights, turn dangerously, and do other aggressive maneuvers that cause accidents.

Other common causes of accidents range from fatigued driving to malfunctioning or defective equipment such as brakes, tires, airbags, and tailgating.

What are the Most Common Injuries Suffered From Car Accidents?

• Broken Bones – Broken bones are common injuries suffered in car accidents. Whether you suffer simple and compound bone fractures, broken ribs, fractured skulls, or broken fingers, the treatment recovery tends to take longer and requires intensive treatment.
• Traumatic Brain Injury – Concussions and other traumatic brain injuries (TBIs), such as edemas, hematomas, diffuse axonal injuries, and hemorrhages, are some of the most severe injuries caused by vehicular accidents. Recovering from a concussion or any other TBI requires specialized care that can last months.
• Whiplash – Rear-end and front-end collisions can cause whiplash. Whiplash injuries typically affect the neck, causing nerve damage, blood vessel damage, soft tissue damage, and cervical fractures in the neck. Like concussions and other TBIs, you need extensive and specialized care to recover from whiplash injuries.
• Spinal Cord Injury – Back injuries, including bulging/herniated disks, spinal fractures, and nerve damage, are some of the most severe accident-caused injuries. They can have permanent consequences affecting your independence, quality of life, and work.

Other injuries you might suffer during an accident include:

• Muscle strains
• Burns 
• Contusions
• Scraps and cuts
• Joint sprains such as knee sprains
• Disfigurement
• Seatbelt burns

Why You Should Call Lytal, Reiter, Ivey, Smith & Fronrath for Your Auto Accident Case?

At Lytal Reiter Ivey Smith & Fronrath, we are committed to protecting the rights of auto accident victims in Fort Lauderdale and throughout South Florida. Here’s what sets us apart:

1. Experienced and Knowledgeable: Our team has extensive experience handling car accident cases of all types and complexities.
2. Proven Track Record: We have a successful history of securing maximum compensation for our clients.
3. Personalized Attention: We understand the unique challenges you face after an accident. We will provide personalized attention and guidance throughout the legal process.
4. No Recovery, No Fee: This means that you will only pay any attorney fees if we secure compensation for you.