Fort Lauderdale, the “Venice of America,” is known for its stunning beaches, vibrant nightlife, and bustling shopping centers. However, as experienced Fort Lauderdale personal injury lawyers, we know it’s also a place where injuries can easily occur under many different circumstances.

You could be in a severe motor vehicle collision while driving on the congested I-75 or I-595. Or you may have a slip-and-fall accident at the busy Beach Place Shopping Mall. A leisurely bike ride on Las Olas Boulevard might turn disastrous due to a negligent motorist. Even a routine medical procedure at Kindred Hospital could result in injury due to medical malpractice.

These unfortunate events can result in physical pain, emotional distress, and substantial financial burdens. Having a Fort Lauderdale personal injury attorney who understands your rights and the legal options available is essential when such accidents occur.

What Is a Personal Injury?

A personal injury is harm suffered by a person’s body, mind, or emotions. It’s a legal term used to describe when someone suffers damage due to another person’s negligence or intentional conduct. Various incidents, from car accidents and medical malpractice to slip-and-falls and product liability cases, can cause personal injuries.

Personal injury law (or tort law) allows the injured person to go to civil court and receive legal damages for all losses resulting from the accident. In a personal injury case, the plaintiff usually seeks monetary compensation for the harm caused by the defendant’s actions.

Personal injuries can have serious consequences, potentially causing physical pain, emotional distress, and financial hardship. Therefore, understanding your legal rights in these situations is crucial.

IF YOU HAVE BEEN INJURED IN AN ACCIDENT, IT IS CRUCIAL TO SEEK LEGAL HELP.

How Do I Know If I Have a Case?

Determining if you have a valid personal injury case depends on several key factors. These factors include proving another party’s negligence, demonstrating that their negligence caused your injury, and showing that you suffered harm.

Proving negligence – To have a valid case, you or your personal injury lawyer in Fort Lauderdale must demonstrate that the other party acted negligently or failed to act in a way that a reasonable person would under similar circumstances. This could mean they were reckless, careless, or intentionally harmful.
Causation – It’s not enough to show that the other party was negligent; you must also prove that their negligence directly resulted in your injury. This connection between negligence and your injury is known as causation.
Damages – Finally, you must have suffered some form of damage or loss due to the injury. This can include medical expenses, loss of earnings, pain and suffering, and other types of harm.

It’s essential to consult with a personal injury attorney who can evaluate your potential case based on these factors. They can help you understand your rights and advise you on the best course of action. Every case is unique, and personal injury laws can vary significantly between jurisdictions.

Do I Need to Hire a Fort Lauderdale Personal Injury Attorney?

Have you been injured in an accident that was not your fault? If so, you may wonder if you need to hire a personal injury attorney in Fort Lauderdale. The answer is that it depends on the circumstances of your case. Here are a few general guidelines to help you decide whether or not you need to seek legal representation.

Suppose you were seriously injured in an accident and have racked up significant medical bills. In that case, you will likely need to hire an attorney to get fair compensation from the responsible party if the responsible party refuses to cooperate or accept responsibility.

Additionally, an attorney could help you recover lost wages if you missed work due to your injuries. Sometimes, personal injury lawsuits can also help victims receive non-economic damages such as pain and suffering. If your case meets these criteria, it is probably time to contact a South Florida personal injury attorney.

Who Is Liable in a Fort Lauderdale Accident?

In Fort Lauderdale and the rest of Florida, determining liability or who is at fault in an accident often comes down to the concept of “negligence.” This involves identifying the party whose careless or reckless actions led to the injury.

However, Florida uses a “pure comparative negligence” system regarding personal injury claims. Under this system, your level of responsibility for the accident gets evaluated, and any compensation you receive gets adjusted according to your degree of fault. This means you can still recover damages even if you’re partly at fault for your injuries, although your percentage of responsibility will reduce the amount. Let’s look at a few examples:

Car accidents – Suppose you’re involved in a car accident where the other driver ran a red light, but you were to be speeding. If you’re deemed 20% at fault, the court will reduce your total compensation by that percentage.
Bicycle accidents – If you sustain injuries in a bike accident because a motorist didn’t yield the right of way, but you were biking at night without lights, you may bear some of the blame. If the court determines that you were 40% responsible, they will reduce it by that amount.

Understanding Florida’s pure comparative negligence law can be crucial in shaping the outcome of your personal injury claim. Schilling & Silvers, an experienced team of Fort Lauderdale personal injury lawyers, can help you navigate these complex legal issues to ensure you receive the fair compensation you’re entitled to.

YOU DON'T PAY UNLESS YOU WIN!

What Types of Injury Cases Does Schilling & Silvers Handle?

At Schilling & Silvers, our personal injury attorneys in Fort Lauderdale handle a wide range of cases. Our commitment is to represent those who have sustained injuries due to someone else’s negligence. Here’s a look at the types of cases we typically handle:.

Car accidents – Some of the most common types of personal injury cases we handle involve car accidents. These cases can often be complex, especially if serious injuries are involved, whether it’s a collision with another vehicle or a single-car accident. Florida, particularly Broward County, sees many car accidents each year. According to the 2021 Florida Crash Statistics Report, Broward County reported 41,381 crashes, 280 fatalities, and 23,071 injuries. Many of these accidents occurred on major roads such as I-75, I-95, and I-595, as well as Highways US 1, US 27, and US 441.
Truck accidents – With the trucking industry being a significant part of Florida’s economy, accidents involving trucks on Interstates I-75 and I-95 are not uncommon. These accidents can lead to severe, sometimes life-threatening, injuries due to the size and weight of commercial trucks.
Bicycle accidents – Fort Lauderdale offers cycling enthusiasts stunning views and exciting experiences. This cycling and skating guide showcases some of the best spots for biking around the city. However, the high traffic volume and the influx of tourists can create hazardous conditions for cyclists. In fact, Fort Lauderdale reported 602 bicycle accidents in 2021, with 6 fatalities and 577 injuries. Additionally, January had the most crashes at 77, while April had the least, with 35
Slip and fall accidents – These incidents can occur anywhere, from shopping malls to restaurants, and can result in severe injuries. Whether due to spilled liquids, uneven surfaces, or poor lighting, property owners have a duty to maintain safe premises.

Other common personal injury cases include product liability cases, medical malpractice, and premises liability. No matter how you were injured, if someone else is at fault, you may be entitled to compensation for your damages. So don’t wait—contact our firm today to discuss your case.

FAQ's About Personal Injury Cases

You’ve been injured in an accident that wasn’t your fault. Maybe you were hit by a car crossing the street or slipped and fell at a restaurant. Either way, you know that you need to call a Fort Lauderdale personal injury lawyer. But what should you ask them? Here are some of the most frequently asked and essential questions you should consider asking Florida attorneys:

How Long Do I Have to File a Claim in Florida?

In Florida, there are set legal time limits, also known as statutes of limitations, within which a person must file a personal injury lawsuit. Typically, the standard deadline is four years from the date of the accident or injury. This means you have four years to file a lawsuit in the Florida civil courts against the person or entity that caused your injury.

For medical malpractice claims, the time limit is a bit different. You generally have two years from when the patient either knew, or should have known with reasonable care, that the injury occurred. However, under no circumstances may a medical malpractice lawsuit be filed more than four years after the actual date of injury.

The deadline for wrongful death claims is even shorter. If a person dies due to their injuries, the family or estate has two years from the date of death to file a lawsuit.

However, these are general guidelines, and certain exceptions may apply depending on the specific circumstances of the case. For instance, if the injured person was a minor, or if the defendant left the state for a certain period, the time limit could be extended.

What type of Damages Can I Recover as the Result of My Accident?

Medical Bills
Hospital Bills
Surgical Costs
Rehabilitation Costs
More

Are There Florida Personal Injury Damage Caps?

In personal injury cases, “damage caps” refer to the limits set by law on the amount of money the court can award to a plaintiff for certain damages. The state of Florida has unique rules regarding damage caps in personal injury cases.

However, the rules are different when it comes to non-economic damages, which cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. As of now, there are generally no caps on non-economic damages in most personal injury cases.

It’s crucial to note that there is an exception in medical malpractice cases. While there were previously caps on non-economic damages in medical malpractice cases, the Florida Supreme Court declared these caps to be unconstitutional in 2017.

For punitive damages, which the court uses to punish the defendant and deter others from engaging in similar behavior, the cap is generally three times the number of compensatory damages or $500,000, whichever is greater. There are exceptions to this rule under certain circumstances.

How Often do you go to Trial?

Some lawyers settle most of their cases out of court, while others take more cases to trial. Depending on the circumstances of your case, you may or may not want a lawyer who frequently goes to trial.

What is your Fee Structure?

Personal injury lawyers usually work on a contingency basis, which means they only get paid if they win your case. However, there may be some additional fees for things like filing fees or expert witnesses. Be sure to ask about all fees upfront, so there are no surprises later.

What Are Your Thoughts on my Case?

This is perhaps the most critical question of all. You want to ensure that your lawyer believes you have a strong case and is willing to fight for the compensation you deserve. It may be time to find someone else if they seem uncertain or unenthusiastic about your case.

Serving Fort Lauderdale, Florida

Situated along the eastern coast of Florida, Fort Lauderdale is an enchanting city known for its beautiful beaches, bustling marinas, and lively nightlife. Its unique blend of natural beauty, rich cultural diversity, and vibrant energy make it an attractive destination for residents and tourists alike. However, accidents and injuries can occur here, like in any urban area in Broward County. If you’ve been injured in an accident in Fort Lauderdale, FL, several exceptional medical and rehabilitation services can provide the care and support you need.

Holy Cross Health is one of the premier hospitals in the region, providing a comprehensive range of medical services to meet your healthcare needs. Their team of experienced professionals dedicates themselves to providing high-quality care to their patients, from emergency care to specialized treatments. Similarly, Broward Health Medical Center is a leading healthcare provider in the area, offering state-of-the-art facilities and a team of medical experts committed to your recovery.

If your recovery journey includes physical therapy, Fort Lauderdale is home to several excellent facilities. Dr. Physio offers patient-centered, one-on-one physical therapy services designed to get you back to your regular activities safely and efficiently. Alternatively, ProCare Physical Therapy provides a range of therapeutic services to help improve mobility, reduce pain, and support overall wellness.

Navigating the aftermath of an accident can be challenging, but the Fort Lauderdale community has resources available to help you on your road to recovery. Always remember that early intervention and professional care are vital to ensuring the best possible outcome, and you have several options available throughout Broward County.

Experienced Attorneys in Fort Lauderdale

At Schilling & Silvers, we are dedicated to providing excellent legal services for individuals facing personal injury challenges. Our experienced personal injury attorneys in Fort Lauderdale have a deep understanding of Florida’s personal injury laws and have successfully handled a broad range of cases.

Each client receives personalized attention, and we work diligently to ensure that your rights are protected and that you receive the compensation you deserve. Our team’s knowledge, commitment, and advocacy skills have established us as a trusted source of legal representation in our community.

Don’t face your personal injury case alone. Let the experienced attorneys at Schilling & Silvers guide you through this difficult time. For more information about our services, please explore our website and get in touch for a free case evaluation.

In addition to Fort Lauderdale, our legal team also serves Pompano Beach, Miami, Weston, Plantation, Hialeah, Sunrise, Davie, Fort Myers, and more.

Fort Lauderdale Personal Injury Attorney