Hallandale Beach Car Accident Lawyer
Serious car accident injuries can devastate victims and their families. In addition to the physical pain of injury and recovery, some victims must miss work, losing household income as medical expenses pile up. It compounds an already difficult situation when people suffer preventable injuries due to another’s negligence or intentional harm. Fortunately, Florida law provides a pathway for car accident victims to seek compensation for damages.
If you sustained injuries in a preventable car accident in Hallandale Beach or a nearby area, you may have the right to file a claim against the party who caused the accident to receive money for your injuries and associated losses. The experienced Hallandale Beach car accident lawyers at the Law Offices of Jared Spingarn have the knowledge and resources to help you through this difficult time. Contact us today for a free consultation to discuss your car accident, your injuries, and your legal options.
Table of Contents
The skilled car accident injury attorneys at the Law Offices of Jared Spingarn have ample experience in the settlement, negotiation, and litigation of car accident claims. Jared Spingarn brings a special commitment to justice to his work because of his own experience. After surviving a near-fatal car crash at age 18 and dealing with insurance companies and their questionable tactics, Jared made it his life’s mission to help people who have suffered injuries from the negligent actions of others.
The firm’s commitment to seeking justice and client service has led to the recovery of tens of millions of dollars in compensation from jury awards and settlements for their clients. Examples of recent case results include:
- A $975,000 settlement for a client who suffered spinal injuries and had to undergo surgery after a motorist crossed the centerline and struck him on his motorcycle.
- A $950,000 settlement for a client who had to undergo multiple spinal surgeries after sustaining injuries in a rear-end collision.
- A $585,000 settlement for a client who had to undergo surgery after suffering neck and lower back injuries in a rear-end collision.
- A $375,000 settlement for a client who needed a cervical fusion from injuries sustained after a semi-truck backed into the client’s vehicle.
These results serve as examples of potential financial outcomes after a Hallandale Beach car accident; however, we cannot guarantee specific results for any accident case. Each claim has underlying facts and circumstances that may add to or detract from its value. Regardless, you can count on the team at the Law Offices of Jared Spingarn to diligently pursue maximum compensation on your behalf.
Florida residents who register a vehicle must carry a minimum amount of personal injury protection (PIP) and property damage liability (PDL) coverage to comply with the state’s no-fault insurance system. Under Florida law, drivers and occupants who suffer injuries in a car accident file a claim under their own PIP policy, regardless of who caused the accident. PIP coverage extends to everyone who lives in the policyholder’s home and those who were riding with the policyholder.
Sometimes people assume that they have filed a PIP claim, so they cannot receive additional compensation. PIP coverage in Florida only pays for 80 percent of medical expenses and 60 percent of lost wages up to the policy limit, leaving victims without full compensation for their economic losses. Additionally, PIP coverage does not compensate accident victims for pain and suffering, diminished quality of life, and other non-economic costs of car accident injuries.
Even those who have filed a PIP claim after a Hallandale Beach car accident should consult with an experienced car accident attorney. An experienced lawyer from the Law Offices of Jared Spingarn can help guide you through the claims process and advise you on how to recover additional compensation beyond your PIP coverage after suffering injuries in a car accident from another party’s negligence.
After suffering car accident injuries, some people question whether their injuries qualify as bad enough to warrant filing a claim or bringing a personal injury lawsuit. If you have doubts, you should always consult with an attorney who can determine the viability of your claim and advise you on the best path forward. Even seemingly minor injuries can cause chronic problems for victims.
Examples of common car accident injuries that we handle at the Law Offices of Jared Spingarn include:
- Broken bones, especially those that require surgery
- Head traumas and traumatic brain injuries (TBI)
- Neck and back injuries
- Severe soft tissue injuries
- Spinal cord injuries
- Internal organ damage
The heavy traffic between Ft. Lauderdale and Miami certainly creates conditions that make Hallandale Beach an area ripe for car accidents. In fact, more than 20,000 accidents resulting in injury occur in Broward County each year, representing well over 10 percent of all injury crashes in Florida. However, even with heavy traffic, the majority of traffic accidents remain preventable. Most occur because of negligent motorists who make bad choices behind the wheel. Examples of common driver behaviors that can lead to accidents include:
When most people think of distracted driving, they think of cell phones. Cell phones deserve this reputation, as they do cause tens of thousands of injuries and fatalities across the United States, especially when drivers text. Driving distractions fall under three categories: (1) manual, (2) visual, and (3) cognitive.
Texting while driving fits into all three categories because drivers take their hands off the wheel, eyes off the road, and mind off driving. Like many other states, Florida has outlawed cell phone use while driving unless using a hands-free device. Unfortunately, far too many drivers still use their phones when operating a vehicle, putting others at risk.
Cell phones get all the attention, but many other distractions can also lead to dangerous car accidents.
Some examples of other common driving distractions include:
- Eating snacks
- Personal grooming, such as fixing hair and putting on makeup
- Reaching for dropped items or things in the backseat
- Arguing with occupants
- Adjusting the A/C, seats, radio, or another vehicle feature
- Watching events outside the vehicle
Driving Under the Influence
Hallandale Beach lies between Ft. Lauderdale and Miami, making it more likely that motorists encounter drunk drivers during their travels, especially during the spring when college students flock to the area for spring break. Most drivers understand the dangers of drunk driving; however, drivers still choose to consume alcohol and get behind the wheel far too often.
Not only does drunk driving constitute a clear violation of the law, but it also impairs drivers’ ability to judge distance, time, and space. Even when drivers try to operate a vehicle safely after a few drinks, they still suffer impairment. Safely operating a vehicle requires drivers to process large amounts of information and react appropriately. Alcohol slows process and reaction time, potentially leading to dangerous car accidents.
The traffic along Florida’s southeastern coast makes it likely that some drivers suffer from drowsiness and/or fatigue. According to the Federal Motor Carrier Safety Administration (FMCSA), people who go without sleep suffer similar impairment as those who have a 0.08 blood alcohol concentration, the legal limit for drivers. Even if drowsy drivers don’t fall asleep at the wheel and cause a collision, they still suffer from an impaired ability to judge time and distance, so they can still cause an accident.
Although anyone can suffer from fatigue or drowsiness, some people face a higher risk than others. For example, people who work the night shift and drive to or from their jobs while the rest of the population sleeps face a heightened risk of drowsy driving. In the Hallandale Beach area, service industry employees driving home from work after the bars and nightclubs close have a greater risk of causing an accident because of fatigue.
According to the National Highway Traffic Safety Administration (NHTSA), approximately 25 percent of all traffic deaths across the country occur because of speeding. Even when speeding-related crashes don’t prove fatal, they can still lead to severe injuries. Speeding involves more than traveling over the posted speed limit; it also includes traveling too fast for conditions.
When Ocean Driver or Highway 1 experiences heavy traffic, aggressive drivers who try to speed as they weave in and out of traffic pose a particular danger to other drivers. When speeding, drivers more easily lose control of their vehicles and have less time to react and/or stop for other vehicles and road hazards. Even if speeding doesn’t directly cause an accident, it still has serious consequences.
The faster that vehicles travel immediately preceding a collision, the greater the impact of the crash, leading to greater property damage, more severe injuries, and a higher likelihood of death.
Following Too Closely
Drivers make sudden turns and quick stops all the time, especially when driving in unfamiliar areas. During the peak tourist season, drivers in Hallandale Beach must watch out for out-of-state drivers who make erratic movements or tailgate other vehicles. Either situation can lead to a dangerous rear-end collision, especially in heavy traffic. Drivers who follow too closely do not have enough time or distance to react to sudden stops, road hazards, and traffic lights, putting others on the road at risk for accident and injury.
If you have sustained serious injuries in a Hallandale Beach car accident caused by negligence, you have the right to file a personal injury lawsuit against the at-fault party once you have met or exceeded the limit of your PIP insurance coverage. If you come to an agreement with the insurance carrier or if your case goes to court and the jury awards you damages, you could receive compensation for a wide range of losses related to the accident and your injuries. Not all types of damages apply to every accident claim.
Depending on the circumstances of your car accident, you could receive compensation for:
- Medical expenses, including an ambulance ride to nearby Aventura Hospital, emergency room visit, hospital stay, surgery, diagnostic imaging, lab tests, prescriptions, follow-up visits, and travel to and from the doctor/hospital.
- Estimated future medical treatment costs when a car accident leads to permanent injuries or conditions that require continuous care.
- Rehabilitation expenses, such as physical therapy, occupational therapy, behavioral therapy, and other specialized treatment to help car accident victims face the physical and mental challenges of their injuries.
- Assistive devices, including wheelchairs, canes, crutches, and prosthetic devices.
- Lost wages for missing work due to the accident and injuries.
- Lost earning capacity when a car accident leads to catastrophic injuries that prevent someone from returning to work or working in the future.
- Physical pain and suffering.
- Emotional pain and suffering.
- Loss of consortium, if applicable.
- Scarring and disfigurement.
- Punitive damages in cases that involve gross negligence or willful harm.
Surviving family members also have the right to seek compensation for damages in a wrongful death claim after losing a loved one in a Hallandale Beach car accident. Families could recoup some damages listed above, as well as costs for funeral and burial. Your Hallandale Beach car accident lawyer can review your claim, determine your eligibility to seek compensation, and advise you and your family on the best path forward.
Located between Fort Lauderdale and Miami, Hallandale Beach has more than its share of local and tourist traffic. More traffic naturally leads to more car accidents. If you have suffered injuries during a Hallandale Beach car accident, you might feel angry, overwhelmed, and unsure about your next steps. Florida law permits you to seek compensation for your injuries when your car accident occurred because of someone else’s negligence.
Consult with a lawyer to learn about the best way forward for your situation. Contact the Law Offices of Jared Spingarn today to discuss your options.
Until you have the chance to speak with a Hallandale Beach car accident attorney, the answers to the following frequently asked questions provide introductory information about the steps you should take after a car accident and the process of recovering compensation when someone else caused your injuries. Contact the Law Offices of Jared Spingarn for more information.
Do I Have to Report a Hallandale Car Accident to Law Enforcement?
It depends on the situation. However, if you suffered injuries and expect to file a claim, you must report the accident.
In fact, Florida law states you must report car crashes to law enforcement under the following circumstances:
- Bodily injury occurred.
- One or more fatalities occurred.
- Someone involved in the accident left the accident scene.
- One of the drivers was under the influence of alcohol and/or drugs.
- The car accident required a wrecker to remove a vehicle from the accident scene.
- The car accident involved a commercial motor vehicle.
- The property damage from the accident obviously exceeds $500.
If any of the above situations applied to your car accident, you should have waited for the Hallandale Beach Police or Florida Highway Patrol to come to the scene and fill out a report. However, you can file a report up to 10 days after the car accident before you risk penalties for violating the law.
How Do I Report a Hallandale Beach Car Accident After Leaving the Scene of the Accident?
In most cases, witnesses call 911 when they see a car accident. Emergency response teams come to the scene, including the fire department, ambulance service, and law enforcement. After your accident, the Hallandale Beach Police and/or the Florida Highway Patrol might have come to the scene to investigate the car accident and complete an official crash report. Sometimes, scenarios occur where law enforcement does not come to the scene, or you do not call the police right after a car accident.
If you do not talk to police at the scene of the accident, you can self-report online, mail a form to the Crash Records Department in Tallahassee, or contact the closest Florida Highway Patrol Station. Even if you are not required by law to report the accident based on the list above, you might still choose to file a report. A formal police report of the accident creates a record of the crash if you discover hidden injuries days or weeks after the car accident.
How Can I Get an Official Copy of a Crash Report?
All drivers and passengers involved in a car accident have the legal right to get an official copy of the crash report that law enforcement submits to the state. Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) maintains copies of official crash reports. You typically need to wait a week or two for the reporting officer to complete the report and upload it to the system. Then you can get a copy online, in person, or through the mail.
You can order a copy of your crash report online by visiting the Florida Crash Portal. It costs $10.00 for the report plus a $2.00 convenience fee. Once you have completed your purchase, you can immediately download your report. You must complete the download within 48 hours of purchase. If you prefer to get a copy of your crash report in person, visit the Florida Highway Patrol Troops Station closest to where your accident occurred in Hallandale Beach. You can pay the $10 fee and receive up to 10 copies of your report.
It is possible to obtain crash reports via mail, but this is typically for those who need more than 10 copies of the report. You must send a signed statement for each report you request and a check or money order for fees to the Florida Department of Highway Safety and Motor Vehicles, Crash Records, 2900 Apalachee Parkway, MS 28, Tallahassee, FL 32399. Although your report might arrive sooner, you will likely have to wait at least 30 days before receiving your copy of the crash report.
I Am Only a Little Sore. Do I Have to Go to the Emergency Room?
If you were lucky enough to walk away from your Hallandale Beach car accident, it does not mean you are without injury. If you refused medical attention at the scene of the accident and have not been checked out by the doctor, you need to go to the nearest hospital as soon as possible. It is best to go to the emergency room or urgent care if you cannot get an immediate appointment with your doctor. Your health and well-being need to be your top priority.
Soreness after a car accident might simply be minor soft tissue injuries such as sprains or strains, but it can also indicate something more serious. Common car accident injuries such as whiplash and brain injuries do not immediately show symptoms.
Sometimes it takes days or weeks before someone realizes their soreness, headaches, or discomfort indicates something more. If you let a doctor examine you, they might be able to diagnose these injuries and prevent you from further damage or complications. Additionally, soreness in the abdomen can be a sign of life-threatening internal injuries.
If you intend to file an insurance claim and/or lawsuit after your Hallandale Beach car accident, you also need medical documentation of your injuries to support your claim. Your medical record serves as proof that your injuries occurred because of the accident and not for some other reason or as a result of another event. It is much more difficult for insurance companies to argue you have pre-existing injuries when your medical records show otherwise. Also, your doctor can serve as an expert witness and testify about your injuries and long-term prognosis.
What Happens After I Meet My Florida PIP Coverage Policy Limit?
Florida is one of several states with a no-fault insurance system. The state requires those who register a motor vehicle to purchase at least $10,000 in coverage for personal injury protection (PIP). After a car accident, each driver and occupant who suffers injuries files a claim under the applicable PIP policy to receive benefits for a portion of their medical expenses and lost wages.
Unfortunately, those involved in severe accidents quickly meet or exceed their PIP policy limit. Once this occurs, you are financially responsible for your medical expenses and face the financial burden of lost wages until you return to work—unless you file a claim against the at-fault driver or another party responsible for the accident and your injuries.
Typically, the next step after meeting your PIP limit is to step outside the no-fault insurance system and file a claim with the insurance carrier of the driver responsible for the accident. Insurance companies usually take these claims more seriously when a claimant has legal representation, so it is best to let a lawyer handle the claim. If the insurance company refuses to meet your demand for compensation, your attorney can help you bring a lawsuit against the driver to seek compensation beyond what you received for your PIP benefits.
Also, you should remember that PIP coverage does not pay for non-economic damages such as pain and suffering and loss of consortium. Additionally, PIP pays only 80 percent of medically necessary treatment costs and 60 percent of lost wages. An attorney can help you get the full amount of compensation you deserve for losses you have incurred because of your injuries. Contact the Law Offices of Jared Spingarn to get started.
What Damages Can I Recover if I Sue the Driver Responsible for My Hallandale Beach Car Accident?
If you choose to take action to recover damages related to the car accident and your injuries, you could receive compensation for various losses you have incurred. If you prevail in your claim, you might receive money from a settlement or a jury award.
Damages that car accident victims commonly recover in a personal injury claim include costs for:
- Medical treatment including ambulance service, emergency room treatment, surgery, hospitalization, diagnostic scans, lab tests, follow-up doctor visits, prescription medication, and travel to and from the doctor/hospital.
- Estimated future medical treatment when severe car accident injuries require ongoing treatment or lead to a permanent disability requiring around-the-clock nursing care.
- Rehabilitation including physical therapy, occupational therapy, mental health services, and other specialized treatment to help car accident victims face the physical and emotional aftermath of their injuries.
- Assistive devices such as canes, walkers, wheelchairs, and prosthetic limbs.
- Lost wages for missing time from work due to hospitalization and recovery.
- Estimated future lost wages when car accidents cause catastrophic injuries preventing victims from returning to work.
- Physical pain and suffering.
- Emotional distress.
- Reduced quality of life.
- Loss of consortium.
- Scarring and disfigurement.
What Should I Do If an Uninsured Driver Hit Me?
It depends on whether you have uninsured motorist (UM) insurance coverage. Florida does not require you to carry UM coverage, but your auto insurance provider has to offer it to you. Policyholders who do not want UM coverage must reject the coverage in writing, so you would likely remember turning down the coverage.
If you are unsure, check your auto insurance policy to see if you have uninsured motorist coverage; it is often bundled with underinsured motorist (UI) coverage. If you have UM coverage, it will kick in to pay benefits up to your policy limit after you exhaust your PIP coverage.
If you declined UM coverage, you must absorb the losses from the car accident if an uninsured driver hits you. You could bring a personal injury lawsuit against the uninsured driver to recover your losses. However, you might struggle to receive compensation even if you prevail in your claim. In most cases, uninsured drivers have little if any large financial resources or high-value assets. If they were not struggling with money, they would likely have insurance on their vehicle. Your lawyer can review the situation and find the best way to recover the most compensation for losses related to the accident and your injuries.
What if the Driver Who Hit Me Left the Accident Scene?
For insurance claims, insurance providers view hit-and-run drivers as uninsured motorists. You should always give as much information as possible to law enforcement, so they can look for the driver who hit you. If they are unsuccessful, your uninsured motorist coverage will kick in after meeting your PIP policy limit. If the value of your claim is more than your policy limit, you will be left to absorb those losses.
What Should I Do if the Insurance Company Makes a Settlement Offer?
You should not accept a settlement offer from an insurance company without letting a lawyer review the terms, especially if it is the first offer and it comes shortly after the car accident. Insurance companies often avoid making large payments when their policyholders are at fault by offering quick, lowball settlement offers to injured car accident victims. These predatory offers intend to tempt those financially struggling into signing.
Although the amount they offer might be helpful for those struggling, it is often far less than the value of the claim. The insurance company would rather pay some now than have to pay a lot more later on. Once someone signs a settlement agreement, they must also waive their right to seek compensation in the future for the same injuries.
Early settlement offers often come before accident victims know the full extent of their injuries or their likelihood for a full recovery. Accepting an offer could leave you without the money you need for care if your injuries worsen. Contact the Law Offices of Jared Spingarn today to discuss your legal options after an accident.
Taking legal action after a car accident will not undo the physical harm and emotional trauma you have suffered; however, receiving compensation for your injuries can help alleviate some or all of the economic struggles that you might experience because of your injuries. The skilled legal team at the Law Offices of Jared Spingarn can help you through this difficult time and fight to recover maximum compensation on your behalf. Contact us today online or call (866) HIRE-JARED for a free consultation to discuss the details of your case.
“What a great team. Took care of my accident case and got me a very great settlement. Thank you so much to the team for their great efforts and always being transparent with all the information they provided. Highly recommend they will take care of you like family.”
2500 E. Hallandale Beach Blvd., #808
Hallandale Beach, FL 3309