Auto Accidents

South Florida - auto accident capitAL OF AMERICA

Those of us who live here in the Fort Lauderdale-Miami area know how bad the traffic can be in South Florida. You can drive north, but even as you head towards Boca Raton and on to Palm Beach, chances are you will be stuck in traffic at some point because of a car accident. You cannot escape it.

Auto accidents account for a large number of personal injury cases in Broward County. Based out of their Pembroke Pines law office, The Dempsey Law Firm serves clients and auto accident victims to ensure their rights are protected and their injuries are fairly compensated.

Car accidents can happen virtually anywhere—from parking lots and residential streets to busy city roads and interstate highways. Florida’s rapidly growing population and the millions of visitors who travel through the state each year have led to increased traffic congestion. With more drivers on the road, the likelihood of accidents rises significantly.

Many car accidents are caused by driver inattention. Whether a driver is distracted by a cell phone, daydreaming, or simply failing to focus on the road, negligence is a leading cause of collisions. Other crashes occur due to poor driving skills, a lack of understanding of traffic laws, or aggressive behavior fueled by road rage. In some of the most dangerous situations, drivers operate vehicles while under the influence of drugs or alcohol or while otherwise impaired. These individuals place everyone around them at risk and are often responsible for devastating injuries or fatalities.

The injuries resulting from car accidents range from minor to catastrophic. Some heal quickly, while others may affect victims for months, years, or even a lifetime. Common injuries include whiplash, broken bones, chest trauma, eye injuries, concussions, traumatic brain injuries, spinal cord damage, amputations, paralysis, and, in the most severe cases, death. These injuries often require extensive medical treatment, surgeries, and long-term rehabilitation. As medical bills and related expenses accumulate rapidly, fair compensation becomes essential to a victim’s recovery and financial survival.

Not all car accident injuries are immediately visible. In addition to physical harm, victims may experience diminished earning capacity if they can no longer perform their previous job or must reduce their working hours. Mental and emotional trauma must also be considered. Many accident victims suffer from anxiety, panic attacks, or post-traumatic stress disorder (PTSD), which can significantly affect daily life and overall well-being.

In cases involving wrongful death, surviving family members face unimaginable emotional loss while also confronting sudden financial uncertainty. Medical expenses, funeral costs, and the loss of household income can place enormous strain on grieving families. Legal support may help ease this burden and provide a path toward financial stability during an incredibly difficult time.

Insurance plays a central role in car accident claims, as all drivers are legally required to carry valid auto insurance. While this requirement is meant to provide peace of mind, the claims process is often far from simple. Insurance companies readily collect premiums but frequently resist paying claims in full. They may dispute liability, minimize injuries, or search for technical reasons to deny or reduce compensation.

It is common for insurance settlement offers to fall far short of covering medical expenses, lost wages, diminished earning capacity, and emotional suffering. This is why having an experienced insurance attorney is so important. Car accidents often create significant financial strain due to medical bills, missed work, and long-term care needs. Accurately calculating the true cost of a crash requires legal knowledge, experience, and access to qualified experts.

While insurance companies work to minimize the value of your claim, your insurance attorney advocates on your behalf. By working with medical, financial, and vocational experts, legal professionals help demonstrate the full extent of your injuries and how they will continue to affect your life. The goal is to ensure that you receive fair compensation—not just for today’s expenses, but for the lasting impact of the accident on your future.

OVERVIEW

Florida auto accident laws are shaped primarily by the state’s no-fault insurance system. Florida drivers are required to carry Personal Injury Protection (PIP) insurance, which pays for a portion of medical expenses and lost wages after an accident, regardless of who caused it. Generally, PIP covers up to 80% of reasonable medical bills and 60% of lost income, up to the policy limit (typically $10,000), as long as the injured person seeks medical treatment within 14 days of the crash. This system is intended to provide quick access to benefits and reduce minor injury lawsuits.

Despite the no-fault system, Florida law allows injured parties to step outside of PIP and pursue a claim against the at-fault driver if the injuries meet the “serious injury” threshold. Serious injuries include significant or permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death. When this threshold is met, an injured person may seek compensation for damages not covered by PIP, such as pain and suffering, full lost wages, and future medical costs.

Florida also follows a modified comparative negligence rule. This means an injured person can recover damages only if they are 50% or less at fault for the accident, and any recovery is reduced by their percentage of fault. Additionally, Florida has strict reporting requirements—crashes involving injury, death, or significant property damage must be reported to law enforcement—and a two-year statute of limitations for filing most auto accident injury lawsuits. Together, these laws define how fault, insurance, and compensation are handled after a motor vehicle accident in Florida.

Florida’s auto accident laws are shaped by a mix of no-fault insurance rules, negligence principles, and statutory requirements, primarily found in Chapters 316, 627, and 768 of the Florida Statutes. Florida has historically been a no-fault state, meaning drivers were required to carry Personal Injury Protection (PIP) insurance to cover their own medical expenses and lost wages after an accident, regardless of who caused it. For accidents involving policies issued during the PIP era, injured drivers generally must first seek benefits from their own insurer before pursuing claims against an at-fault driver.

Florida law allows injured parties to step outside the no-fault system and bring a bodily injury claim against an at-fault driver when injuries are serious. This requires meeting the state’s “serious injury threshold,” which includes significant and permanent loss of an important bodily function, permanent injury, significant scarring or disfigurement, or death. Once this threshold is met, the injured person may pursue damages for medical expenses, lost income, pain and suffering, and other losses not covered by PIP.

Florida follows a comparative negligence system, meaning fault can be shared among parties. A person’s compensation is reduced by their percentage of fault for causing the accident. This rule applies to both personal injury and property damage claims and often becomes a central issue in auto accident litigation, especially where multiple drivers or disputed facts are involved.

The law also imposes insurance and reporting requirements. Drivers must carry minimum insurance coverage, including property damage liability, and must stop and provide information after an accident. Accidents involving injury, death, or significant property damage must be reported to law enforcement. Claims are subject to strict statutes of limitation, generally two years for personal injury or wrongful death actions. Overall, Florida’s auto accident laws aim to ensure prompt medical coverage, assign responsibility fairly, and provide a legal path for full compensation when serious injuries or wrongful conduct occur.