Auto Accident Fatalities
Recent statistics show that someone dies in an auto accident every 12 minutes! The effect on the victim’s loved ones can be shocking and devastating but when another driver’s negligence is the cause, the survivors’ suffering is often even worse. The surviving family members are left to grapple with the legal and financial consequences of a fatal crash, while simultaneously enduring the grief and pain associated with a loved one’s wrongful death. Sometimes the distress over an untimely death can seem overwhelming and unbearable. If you are dealing with the fallout from a fatal car crash, you need the help of an experienced legal team that offers not only competence, but also caring, attentive, compassionate and thoughtful support.
The Hollywood wrongful death auto accident attorneys at Rosen & Ohr, P.A., are thoroughly committed to helping their clients through this most difficult and challenging process. Since 1965, we have successfully represented surviving family members in their times of extreme hardship in all areas of South Florida, including Hollywood, Pembroke Pines, Aventura, Hallandale, Ft. Lauderdale, North Miami Beach, Miami, Sunny Isles, Cooper City, Dania Beach, Broward County, Dade County, and Palm Beach County. We employ our absolute best efforts to obtain all of the compensation that our clients deserve in order to ease the financial stresses that result from the death of a loved one. We also understand the importance of a family’s desire to see justice served.
It is rarely an easy process to recover the full damages and benefits you deserve from an insurance company, no matter what type of injuries are involved. Even some attorneys who are not up-to-date on auto accident law can become overwhelmed and confused by the formal procedural requirements, as well as the documents and supporting materials that insurance companies and the law require. This makes it crucial that you find the right type of legal help as soon as possible after an auto accident. Rosen & Ohr, P.A. has the experience necessary to protect your rights and pursue the legal strategy that will best serve and protect your interests. After reviewing the unique facts in your case, we will help you create and follow the most advantageous legal strategy that will allow you to secure the most favorable results possible.
Again, please feel free to continue reading on for more information regarding car accidents. However, if you would like a FREE CONSULTATION with an experienced Hollywood car accident attorney, call (954) 981-1852 or fill out our online contact form. Let Rosen & Ohr, P.A. serve you!
After the Accident – What’s Next?
Timing can make a lot of difference in an auto accident case, meaning it’s important to talk to a personal injury attorney as soon as possible after the accident. If you consult with Rosen & Ohr, P.A. early, it increases the likelihood that relevant physical evidence can be obtained and preserved. It will also be easier for you to provide information about the collision because your memory will be clearer and you will be better able to describe the facts and circumstances of the wreck. The sooner you contact Rosen & Ohr, P.A. the sooner we can help, which could also result in an earlier resolution of your case.
While you concentrate on healing and recuperating from your injuries, Rosen & Ohr, P.A.’s team of experts will work toward securing the medical support, benefits and compensation that you are legally entitled to based on the unique facts of your case. Ronald Rosen, Jerrad Ohr, and our legal team will perform a thorough investigation of every facet of your case in order to gather all of the relevant facts and case law that are needed for a proper evaluation of your case. This data will also let us calculate an estimated potential value of your damages. Because of our years of experience with handling Hollywood auto accident cases, we can also help you locate and select the appropriate health care providers to treat your particular injuries.
You can be sure that a member of your legal team at Rosen & Ohr, P.A. will always be available to talk with you and keep you updated during every phase of the process. To outline the start of the process we undertake after you decide to hire our firm, we:
- Conduct a complete and thorough investigation.
- Identify all potential defendants.
- Established liability.
- Discover all available insurance coverage and we notify carriers of your legal representation.
- Identify and discuss all damages that you and your family are and may possibly be entitled to recover.
The South Florida-based personal injury attorneys at Rosen & Ohr, P.A. have successfully represented thousands of clients since 1965 in all areas of South Florida, including Hollywood, Pembroke Pines, Aventura, Hallandale, Ft. Lauderdale, North Miami Beach, Miami, Sunny Isles, Cooper City, Dania Beach, Broward County, Miami, Dade County, and Palm Beach County.
Our firm has the resources and experience necessary to advocate your rights and to pursue any course of legal action that might be needed, including litigation and a jury trial. Although most personal injury cases settle before trial, should the responsible party not offer fair money to settle and the damages of your case warrant the expense of trial, we will gladly take your case to court where a judge and a jury can order the negligent party to pay.
For a free evaluation of your case, please call us at (954) 981-1852 or fill out our online contact form. There is no fee for our services unless there is a financial recovery in your case. Let Rosen & Ohr, P.A. serve you!
Negligent and Aggressive Drivers Cause Accidents
You will likely have an idea as to who was to blame for the wreck after an auto accident happens. However, the legal concepts of fault and causation can be very complex when considering who did what when and which laws apply to the facts at hand. If the other driver was at fault, you might have to show that the other driver breached a duty of care owed to you and that your damages were caused by that breach.
Rosen & Ohr, P.A. can sort through these legal issues, as well as any other matters your case presents. Our analysis will help you select the best course of action based on sound legal reasoning. Many different sources of information can provide relevant details about what actually happened in an auto accident and why it happened. Some of these sources include:
- Eyewitnesses and witness statements;
- The condition of the vehicles involved in the accident;
- Physical evidence;
- Police reports;
- Road conditions;
- Investigative techniques and procedures;
- Expert witness testimony; and
- Accident reconstruction typically presented via computer generated imagery (CGI).
There are some situations where the at-fault driver’s actions were reckless or deliberate instead of just negligent. A motorist who acts with conscious disregard for the probable consequences of his actions is considered a reckless driver. Incidents of road rage often involve reckless driving that sometimes escalates to more dangerous intentional actions. Road rage can be exceptionally lethal and can cause serious injuries. It can also result in criminal charges.
Aggressive drivers pose a very real threat to the safety of everyone they encounter on the road. Driving too fast or taking other unnecessary risks are also major contributors to auto accidents and can increase the severity of the resulting injuries. You should always avoid confrontations with aggressive drivers or drivers with road rage. Here are some tips for safely dealing with aggression on the highway.
- Get out of the way;
- Don’t make eye contact with aggressive drivers;
- Refuse to make or return obscene gestures;
- Don’t challenge the other driver; and
- Report the aggressive driving to authorities, stopping somewhere safe to use your cell phone if necessary.
Drunk Driving and Florida’s Dram Shop Act
Alcohol-related auto accidents claim the life of someone in the United States every 30 minutes, and someone suffers a non-fatal injury because of drunk driving every two minutes. A drunk driver who causes an accident can be subject to both criminal charges and a civil lawsuit.
Florida law also allows the business that sold alcohol to the drunk driver to be held liable if the driver was under 21 or if the business knew the driver was habitually addicted to the use of alcoholic beverages. Social hosts can also face liability under similar circumstances, though neither scenario reduces the responsibility of the driver who got behind the wheel while under the influence.
Our Hollywood drunk driving auto accident firm has had success with obtaining settlements and jury verdicts against restaurants, bars and other places that sold alcohol to a drunk driver who caused injuries to our clients. If you or a loved one was injured in an auto accident with a drunk driver who you think was served alcohol in violation of Florida’s Dram Shop Act, contact Rosen & Ohr, P.A. for a FREE CONSULTATION to determine if you have a case. Call us today at (954) 981-1852 or fill out our online contact form.
Auto Accidents Not Caused by Drivers
Products Liability & Sovereign Immunity Cases
In some situations, it doesn’t matter how safe you and the other drivers were — motor vehicle accidents simply cannot be avoided. A manufacturing defect or flawed vehicle design could be to blame for an accident of this type or could contribute to the damages. For example, if your car’s airbag didn’t go off as it should or if your vehicle’s steering or brakes failed, you could be entitled to a recovery under the law of automotive products liability.
Designing and manufacturing motor vehicles is a very complex process. Automakers must develop a product that consists of between 7,000 and 12,000 parts that must transport people and cargo at high speeds for miles and miles. To be practical, cars must be relatively inexpensive and mass-produced.
Products liability actions related to automobiles can involve many different types of evidentiary issues, such as the admissibility of prior similar accidents, prior lawsuits over the vehicle or its components, the manufacturer’s compliance or non-compliance with safety standards or industry norms and/or subsequent remedial measures. Evidentiary matters are made more difficult by the fact that vehicle damage can also be caused by efforts to remove victims from the wrecked car or by the towing company that clears the wreckage from the scene. It is essential to determine what damage was caused during the collision and what damage happened after it.
If your injuries were caused or aggravated by a defect in your car’s design or manufacturing, you might be able to recover damages from the designer, manufacturer and/or the distributor. If a mechanic improperly repaired your car and that contributed to your accident, the mechanic could also be held liable. Rosen & Ohr, P.A. will analyze all of the facts in your case to determine whether you have a cause of action. Call us today for a FREE CONSULTATION at (954) 981-1852 or fill out our online contact form.
Other factors that can cause or contribute to an auto accident include:
- Poorly maintained roads or roadway lighting;
- Cluttered and confusing roadway construction areas;
- Poorly or improperly protected or marked roadway construction areas;
- Confusing signage; and
- Roads with improper or inoperable lighting.
In most cases, a governmental entity is responsible for the design, construction and maintenance of streets, roads and highways. Although government bodies are protected by “sovereign immunity,” and special rules apply to lawsuits against them, it is still possible to recover damages from a responsible government agency under limited circumstances. These cases are very fact-specific and often involve complex issues of proof and causation. Rosen & Ohr, P.A. will provide you with the details about what is necessary to hold a government entity accountable for your injuries. Call us today at (954) 981-1852 or fill out our online contact form to schedule a FREE CONSULTATION to determine whether you have a potential case.
Damages: Compensation for Your Losses
Victims of a Hollywood car crash could be able to collect monetary compensation for their injuries, as well as any other expenses or losses associated with or related to those injuries. These types of losses are called “damages,” and they may include physical injuries such as broken bones and head or spinal cord injuries and the pain and suffering that result from the physical injuries. Other categories of damages include:
- Past, present and future medical expenses related to the accident;
- Lost past and future wages;
- Compensation for damage to personal property;
- Rehabilitative services such as physical therapy;
- Prosthetic devices;
- A ramp leading to the home and other necessary accessibility modifications; and
- Modified transportation.
It is much easier to calculate the dollar value of damages such as the ones listed above than it is to assign a value to an auto accident victim’s mental pain and suffering, loss of enjoyment of life, permanent impairment and permanent disfigurement. Monetary compensation can still be available even if the injured person had already suffered a previous injury. The reason being that a new injury can aggravate an existing condition, and the new injury can be treated as a separate matter from the previous injury.
It is advisable to keep a diary regarding your recovery from an auto accident, making sure to provide details about your physical and emotional pain and problems. This sort of documentation can be very helpful in the process of establishing the effects of the accident.
Spouse’s Damages: Loss of Consortium
A victim’s spouse will probably suffer a substantial loss as a direct result of an auto accident, even if he or she wasn’t in the wreck. “Loss of consortium” is the legal term used to describe the damage that an accident causes to the victim’s spouse. Because marital relationships usually provide certain benefits such as companionship, assistance, affection, comfort and sexual relations, an auto accident victim’s spouse may be entitled to compensation for loss of consortium caused by the negligent driver’s actions.
Florida Car Accident Compensation
There is a wide variety of legal and factual issues that can affect the amount of damages recoverable by an accident victim, spouse or surviving family members. The amount that a plaintiff can recover depends on Florida law, the type and extent of the injuries, the damage to the vehicles involved, the ability to prove and the admissibility of the facts and even the injured person’s actions. The type and length of past and future medical treatments is another factor, as is the impact the injuries have on the person’s ability to earning a living.
Bad Faith Litigation
Under certain circumstances, you might be able to bring a bad-faith lawsuit against the at-fault driver’s insurance company and/or your uninsured/underinsured insurance company. This type of lawsuit might entitle you to recover more than the policy limits. A bad-faith action arises where an insurer acts in bad faith by deciding not to settle your claim for the policy limits when, based on all of the relevant conditions and requirements, it should have done so if it had acted fairly, honestly and with due regard for your interests. In addition to receiving more than your policy limits, a successful bad-faith case may provide you with interest on unpaid benefits, reasonable attorney’s fees and costs, and any damages caused by a violation of the Florida “bad faith” law.
Aggressive Advocacy at Your Side
The legal team at Rosen & Ohr, P.A. know that even apparently minor car crashes can result in painful and lasting injuries. Seemingly minor or soft-tissue injuries can have a major effect on your life, and they can require extensive medical care and rehabilitation, even though the full extent of the injury might not be evident until well after the accident.
Some other law firms may not be interested in pursuing a seemingly minor accident such as a rear-end collision or red light accident, however, Rosen & Ohr, P.A. are committed to helping you recover the compensation you are entitled to receive. We will conduct a thorough investigation of your case and determine the extent of your injuries, as we do on all our cases, regardless of the impact’s characteristics or magnitude.
Many motorists wrongly believe that insurance coverage will be sufficient to provide protection if an accident happens. However, there are lots of drivers on the road who disobey Florida’s mandatory automobile insurance laws and carry no liability coverage. Even if they have the state-mandated minimum, it might not be enough to pay for all of your damages. Please see our personal injury protection and uninsured/underinsured pages for more information on these important topics.
In most instances, an insurance company pays the compensation to the auto accident victims or the surviving family members who recover damages in court or through a settlement. The insurance company’s interests drive it to offer as little as possible, regardless of the type and extent of injuries suffered in the accident. They frequently don’t offer enough to cover even the medical bills or funeral expenses.
Usually the insurance company will make contact soon after the accident in an attempt to obtain information and secure an immediate settlement on their terms. Accepting the insurance company’s initial offer might be easy and save time, but it will probably result in your recovering less than what the law entitles you to recover, even after paying for a lawyers “contingency” fee. A hasty settlement might fail to account for long-term future medical costs and might not even provide adequate compensation for short-term medical treatment.
The experienced South Florida accident attorneys at Rosen & Ohr, P.A. are completely aware of the tactics that insurance companies often use to minimize your claim, or even deny you compensation altogether. Call us at (954) 981-1852, or contact us online for a FREE CONSULTATION so we can help you avoid these and other costly pitfalls. Let Rosen & Ohr, P.A. serve you!
Adverse or objectionable tactics insurance companies may use include:
- Acting as your friend and offering advice to make it appear as though they are looking out for your best interests.
- Advising you not to hire an attorney and getting you to sign a release as part of a payment. Sometimes you will be sent a check with confusing language and if you cash the check, you may be prohibited from pursuing any further action or claim for your injuries.
- Suggesting that your entire claim is a fake in order to completely deny payment, regardless of the evidence.
- Placing you and your family under surveillance in an attempt to make your injuries appear less severe.
- Taking a statement at the scene of the accident or shortly thereafter.
- Using policies that are written in a confusing way and are difficult to understand in order to ultimately deny or limit coverage when a claim is made.
- Misrepresenting insurance policy benefits, coverage and effective dates.
- Prolonging payment of claims by using delay tactics to coerce you into unfavorably low settlements.
- Prolonging payment of a claim by elderly injured victims until the victim dies, in an attempt to completely avoid any payment of the claim whatsoever.
Rosen & Ohr, P.A. strongly recommend that you do NOT talk to any insurance company representatives! Be sure to talk to an experienced Hollywood car accident attorney first. Be sure not to give any statements without first consulting an attorney because the insurance carrier taking your statement can later use it in an effort to decrease the amount of compensation you may be lawfully entitled to recover. We are here to help you!
When you or a loved one has been seriously hurt in a car accident, you need an attorney on your side with a proven record of success in recovering maximum compensation for crash victims. At Rosen & Ohr, P.A., our highly skilled car accident attorneys in Hollywood, Florida, are widely recognized as strong advocates for injured people. In fact, attorneys Ronald Rosen and Jerrad Ohr have both been named as lifetime members of the Multi-Million Dollar Advocates Forum ─ an honor given to less than 1 percent of lawyers across the United States.
Car Accident Lawyer in Hollywood, FL: Results
Our success in car accident cases stems from the personal attention we give to each client. After all, every case is different. So we approach each one with a unique legal strategy that is tailored to our clients’ goals. Some of the car accident case results we have obtained for deserving clients include:
- $5.25 Million Settlement for two parents who tragically lost an adult child in a wrong-way DUI collision
- $2.3 Million Settlement for a 17-year-old who was a passenger in a car that was struck head-on by another vehicle and involved a tractor-trailer
- $500,000 Award in a case where a young girl was killed when the car she was riding in struck a tree
- $122,000 Award for a woman who was hit head-on when another driver pulled out in front of her
Because the circumstances in every auto accident case are different, it’s important that you consult with one of our knowledgeable attorneys to determine what type of compensation you may be entitled to after a serious crash. At Rosen & Ohr, we offer free consultations, and we work on a contingency fee basis, which means we do not collect legal fees unless and until we secure compensation for you.
Contact us today to get started on your case.
We Will Fight for your Car Accident Compensation
As car accident lawyers in Hollywood, Florida, we have spent our careers helping crash victims deal with burdensome medical bills, expensive rehabilitation, and potentially permanent disabilities that could change their lives forever. We believe our clients deserve maximum compensation, and we fight aggressively for:
- Payment of medical bills, including any surgeries, doctor visits, medications, assistive mobility devices, and potential future costs related to your injury
- Compensation for time missed from work, as well as for diminished earning capacity in the future
- Damage to your vehicle, which may include the costs of repairing or replacing it
- Payment for your pain and suffering, including both the physical and emotional toll the accident and resulting injuries, have taken on you
- Damages meant to punish the other party in cases where extreme behavior or intentional actions led to your accident
To determine exactly how much compensation you will need for your injuries, our car accident attorneys will conduct a thorough investigation of what led to your crash. We will talk to law enforcement officers and witnesses, and we will work with accident reconstruction experts to document what happened. We will also work with doctors and financial consultants to estimate how much your injury will affect you over the course of your lifetime.
Schedule a free case evaluation with us today to learn how we can help you.
What Does It Mean That Florida Is a No-Fault State?
You have probably heard before that Florida is a no-fault state. That means drivers first turn to their own insurance policies to compensate them for injuries and other losses after a crash, no matter who was to blame. However, the law is not as simple as it sounds, and negotiating with insurance companies can be extremely tricky. Here are some things to keep in mind:
- Just because you are filing a claim through your own insurance company, that does not mean the adjuster will offer you a fair settlement. In fact, your insurance company is likely to offer you a very low amount and pressure you to sign your rights away. Do not agree to anything without seeking advice from an attorney.
- A skilled lawyer will aggressively negotiate with your insurance company and identify additional options for pursuing compensation, such as uninsured or underinsured motorist coverage (UM or UIM).
- You may also be able to demand compensation from the at-fault driver, depending on the severity of your injuries.
Insurance companies have skilled legal teams working for them. You should, too. Let the experienced and knowledgeable car accident lawyers at Rosen & Ohr fight for justice for you and your family. Contact us now to schedule a free case consultation.
Causes of Car Accidents in Hollywood, FL
Part of building a solid case for compensation after a car accident is determining the cause of the crash. There are many hazardous conditions and behaviors that can lead to a South Florida auto accident, including:
- Driving above or below the posted speed limits
- Distracted driving caused by a cellphone, passenger, radio or another source
- Failure to obey traffic laws regarding turn signals, right-of-way, and other rules
- Driving under the influence of alcohol or other substances
- Failure to stop at a red light or stop sign
- Driving while tired or fatigued
- Uber Accident Statistics
- Unfamiliarity with a rental car
- Poor weather or road conditions
- Elderly Drivers or Snowbirds not used to local roads or laws
- Faulty traffic lights
- Obscured traffic signs or signals
- Road signs that are difficult to read
- Electric Scooter Riders in the Road
Far too many drivers are reckless, careless, and irresponsible behind the wheel. They frequently disregard others’ safety and their own by failing to pay attention to their surroundings and how they are driving. By throwing caution to the wind, these drivers show the type of negligence that can result in a collision that changes people’s lives forever.
Common Car Accident Injuries
Car accident injuries can cause varying degrees of pain, limitation of movement, and mobility problems. Some of the most common injuries our clients have suffered in South Florida car accidents include:
- Broken bones
- Serious burns
- Sprains or strains to ligaments, tendons, and muscles
- Cuts and bruises
- Head and traumatic brain injuries (TBI)
- Back, neck and spinal cord injuries (SCI)
- Damage to wrists, elbows, knees, and shoulders
- Damage to internal organs
These types of auto accident injuries can significantly impact a person’s ability to work, leaving you unable to pay for your normal living expenses or medical bills. In addition, these types of injuries can affect your relationships with loved ones and reduce your ability to take part in the activities you once enjoyed.
Even if you feel fine immediately after a car accident, it is important that you seek medical attention as soon as possible. That’s because some injuries may not be immediately apparent, such as whiplash or internal bleeding, but if left untreated, they can be catastrophic to victims.
Contact a Car Accident Lawyer Today for Help!
If the answer is yes, then it is essential for you to understand that you do have options, especially if the accident was caused by the negligence, carelessness, recklessness, or intentional act of another person. What should you do if you or a loved one has needlessly suffered injuries from a car crash? Do not face the insurance companies alone.
If you or a loved one has been injured in an automobile accident, it is vital that you hire a competent and aggressive advocate to ensure that you receive full compensation for your medical bills, your lost income, and your pain and suffering. Rosen & Ohr, P.A. is a highly knowledgeable, car accident law firm in Hollywood with experienced investigators and supporting staff.