Auto Accident Injuries
A Florida Auto Accident Attorney at Our Firm Can Protect Your Rights After Suffering a Car Crash Injury
Experienced Legal Representation for Car Accident Victims in Florida
The forces involved in auto accidents can cause a wide range of traumatic injuries, and drivers and passengers who have been injured will often face long and difficult roads to recovery. Under Florida’s “no-fault” insurance law, all accident victims can recover at least a portion of their medical bills and lost wages under their own personal injury protection (PIP) policies, and those who have suffered serious and permanent injuries can seek full financial compensation from the at-fault drivers who are responsible for the harm they have endured. Dangerous road conditions and vehicle defects can support claims for fair compensation as well; and, to make sure you recover the maximum compensation you and your family deserve, it is important that you speak with a Florida personal injury lawyer as soon as possible.
Our Florida personal injury law firm is comprised of experienced car accident lawyers who have recovered millions of dollars in financial compensation for individuals who have suffered serious auto accident injuries. While most of our cases result in insurance settlements, we do not hesitate to take the insurance companies to court, and we have a proven track record of success at trial. The long-term effects of traumatic injuries can be far greater than most people realize. Our legal team can help you understand the true cost of your accident-related injuries, and we can help you avoid settling too soon for less than you deserve.
Serious and Permanent Injuries From Vehicle Collisions
All types of car accidents have the potential to cause serious injuries. If you have been involved in an auto crash, it is important that you see a doctor promptly, as obtaining appropriate medical treatment can be crucial to both your physical well-being and financial recovery. At Searcy Denney, we represent auto accident victims throughout Florida who have been diagnosed with all types of serious accident-related injuries, including:
Soft Tissue Damage
Soft tissue injuries involve damage to the muscles, ligaments or tendons in your body. Although they are generally considered less severe when compared to the other potential consequences of serious auto accidents, soft tissue damage can still be painful and require a long-term recovery, and they will often be accompanied by other injuries as well. This includes serious injuries such as broken bones, nerve damage, and injuries to the head, back and internal organs.
While soft tissue injuries are common, they are also difficult to diagnose. This is because they will not show up on X-rays, magnetic resonance imaging (MRI) scans, or many of the other types of tests typically used to diagnose accident-related injuries. As a result, it is important to describe your symptoms to your doctor as clearly and completely as possible, and you will likely want to choose a physician who specializes in treating acute traumatic injuries.
4 Types of Acute Soft Tissue Damage
Acute soft tissue injuries are those that result from sudden and severe trauma, such as when your body stretches, twists, or makes contact with part of your vehicle during a car accident. These injuries can broadly be classified into four categories:
- Sprains – A sprain is a ligament injury caused by overextension. Ligaments are the soft tissues that connect the bones in your ankles, knees, wrists, elbows, and other joints; and, in a traumatic accident, they can easily be overstretched resulting in pain and limited usability.
- Strains – Strains are overextension injuries affecting the muscles and tendons. Tendons are fibrous tissues that connect your muscles to your bones. Similar to sprains, strains are common soft tissue injuries in vehicle collisions.
- Tears – A tear is a severe form of sprain or strain that results in a rupture of the ligament, muscle, or tendon. A tear can either be partial or complete and depending on the severity of the injury, surgery may be required.
- Contusions – Contusions (or bruises) are soft tissue injuries that result from blunt force trauma, such as colliding with a steering wheel or door during an auto accident. While most contusions will heal on their own with rest, ice, compression, and elevation, severe contusions may require medical intervention.
Brain, Head, and Neck Injuries
Brain, head, and neck injuries from auto accidents can be extremely dangerous, and they are also more common than most people realize. In fact, the Centers for Disease Control and Prevention (CDC) estimates that the number of people who go to the emergency room for traumatic brain injuries (TBI) could actually be smaller than the number of accident victims who never seek treatment for their injuries. If you have been involved in any type of auto accident, it is important to be aware of the risk of head and neck injuries and to seek both medical and legal advice as soon as possible.
Traumatic Brain Injury
One of the most serious risks associated with being involved in an auto accident is the risk of a traumatic brain injury. As explained by the Brain Injury Association of America, a traumatic impact or violent shaking of the head can cause two immediate reactions in the brain:
“[(1)] Brain tissue reacts to the trauma from the injury with a series of biochemical and other physiological responses. Substances that once were housed safely within these cells now flood the brain, further damaging and destroying brain cells in what is called secondary cell death.
“[(2)] Depending on the severity of brain injury, effects may include temporary loss of consciousness or coma, respiratory (breathing) problems, and/or damaged motor functions.”
These effects can cause brain injuries including:
- Concussions
- Contusions
- Coup-contrecoup injuries
- Diffuse anoxal injuries
- Hematomas
- Penetrating brain injuries
Head Injuries
While brain injuries are common, they are not the only types of head injuries that can result from vehicle collisions. At Searcy Denney, we also have experience helping clients recover just compensation for injuries including:
- Eye and ear injuries
- Jaw and cheekbone fractures
- Lacerations and soft tissue injuries
- Loss of teeth
- Nose injuries
- Skull fractures
Neck Injuries
Most accident-related neck injuries result from sudden stretching or twisting due to the forces of impact. When the neck stretches forward and then snaps back, as is common in rear-end collisions, this can cause whiplash and other potentially-serious neck injuries. We help auto accident victims in Florida seek just compensation for all types of traumatic neck injuries, including:
- Cervical dislocation
- Herniated discs in the neck
- Ligament sprains and tears
- Muscle and tendon strains and tears
- Neck fractures
- Whiplash
Delayed Symptoms of Traumatic Head and Neck Injuries
Critically, in many cases, auto accident victims will not experience symptoms of head and neck injuries for days, and in some cases weeks, after the accident. If you are experiencing any of the following in the days or weeks following a collision, you should seek an immediate diagnosis and let your doctor know that your injury may be accident-related:
- Anxiety
- Bruising or tenderness on the head, neck or shoulders
- Fatigue
- Headaches
- Limited mobility
- Memory loss
- Neck, shoulder or back pain
- Numbness
There is a time limit for taking action. Under Florida law, you have two years to file an auto accident claim before the statute of limitations expires. So, even if you did not experience symptoms immediately, you could easily still have a claim for financial compensation. But, to protect your claim, you should take action promptly, and your first step in the legal process after seeking medical care should be to speak with an experienced auto accident lawyer.
Back Injuries
Pain, weakness, stiffness, loss of coordination and reflex issues are among the first signs of a potentially-serious back injury. Injuries resulting in damage to the spinal cord can have permanent effects, including loss of sensation and function (paralysis) below the site of the physical injury, and they can impact all aspects of a person’s daily life.
If you have been involved in an auto accident and are experiencing symptoms of a potential back injury, it is important that you see a doctor promptly. If you have already been diagnosed with a traumatic back injury from a collision, you need to make sure you have the financial resources you need to manage and cope with your recovery.
We have extensive experience in insurance settlement negotiations and auto accident accident lawsuits involving all types of traumatic back and spinal cord injuries. This includes litigation experience and helping clients recover just compensation for injuries such as:
- Disc Herniation – Disc herniation occurs when the jelly-like material inside of a disc in the spine escapes through a crack in the disc. This can inflame the surrounding nerves; and, in many cases, accident victims will need a discectomy or some other form of surgery. While most patients are eventually able to make a full recovery, the recovery process can involve months, if not years, of ongoing treatment and rehabilitative therapy.
- Spinal Fractures – Spinal fractures can vary greatly in severity. While all spinal fractures are serious injuries that require prompt diagnosis and medical treatment, fractures that impact the spinal cord can be particularly dangerous and potentially result in partial or total paralysis. Most trauma-related spinal fractures are compression fractures, which occur when the forces involved in the accident collapse one or more vertebrae. Compression fractures where the vertebrae burst or shatter completely are the most likely to lead to permanent complications, although even less-severe fractures can require surgery and result in chronic pain and disabilities.
- Spondylolisthesis – Spondylolisthesis is a condition that occurs when one of the vertebrae in the spine slips out of place. The dislocated disc can then press on the nerves in the spinal cord, resulting in pain, numbness, weakness, and loss of motor control, typically in the legs. Some accident victims may experience loss of bowel and bladder control as well.
Whiplash
Whiplash is a potentially-serious neck injury that most often results from rear-end collisions but that can result from other types of motor vehicle accidents as well. Although many people are able to fully recover from whiplash within a few months, chronic pain is not uncommon, and some patients can develop psychological symptoms such as anxiety and depression with pervasive impacts for all aspects of their daily lives.
Symptoms of Auto Accident Whiplash
While some auto accident victims will experience symptoms of whiplash immediately, it is not unusual for symptoms to manifest gradually over a period of hours or days. If you are experiencing symptoms of whiplash following an auto accident and you have not seen a doctor already, you should seek medical attention as soon as possible. Some of the most common symptoms of whiplash include:
- Difficulty swallowing
- Fatigue or difficulty sleeping
- Headaches or dizziness
- Memory loss or difficulty concentrating
- Neck pain
- Neck stiffness
- Reduced muscle stability or range of motion in the neck
- Shoulder or upper back pain
- Vision problems
- Weakness, tingling, or numbness radiating into the arm, hand, and fingers on one side of the body
Many of these are symptoms of other traumatic neck and back injuries as well. When consulting a physician, it is important to explain your symptoms and what you remember about the accident as clearly and thoroughly as possible. In a serious accident, it is not unusual to suffer multiple injuries that impact the nervous system and your brain’s cognitive function; and, even if you are able to recover from whiplash fairly quickly, you could still require months or years of treatment, therapy, and prescriptions for other serious injuries.
Broken Bones
There are over 200 bones in the human body. In a serious auto accident, all of these bones are at risk for being broken. While certain types of accidents are more likely to result in fractures than others, our bones are surprisingly fragile, and all types of accidents can result in fractures in all parts of the body.
Whether you suffered a minor break that can heal on its own or you need surgery for a bone that shattered upon impact, your rights as an auto accident victim in Florida are the same. You are entitled to just compensation for your injury, and if the at-fault party was someone else in the accident, you are entitled to recover 100 percent of your injury-related losses. A partially at-fault driver is still entitled to a partial recovery. With the potential for exorbitant medical bills, loss of income, pain, suffering, and other financial and non-financial losses, regardless of what you think may have happened, you owe it to yourself to speak with an experienced lawyer.
Bone Fractures and Other Bone Injuries Following an Auto Accident
If you have a personal injury claim for a broken bone, we can make sure you seek the maximum amount to which you are entitled under Florida law. We represent clients in insurance claims and personal injury lawsuits involving all types of broken bones, including those in the:
- Arms, wrists, and hands
- Back and skull
- Chest and shoulders
- Face
- Hips and knees
- Legs, feet, and ankles
When seeking financial compensation for a broken bone, one of the key steps involved in calculating your losses is to gain a clear understanding of the extent of your injury. When we represent you, we will work closely with your doctors and our trusted medical experts to accurately calculate the immediate and long-term costs of your fracture. Some of the more serious types of fractures that can result from auto accidents are:
- Comminuted Fractures – Comminuted fractures occur when a bone shatters or breaks into multiple fragments. While they are most common in the smaller bones of the hands and feet, in a serious accident, various other bones can suffer comminuted fractures as well.
- Greenstick Fractures – Greenstick fractures occur when a bone splinters on one side due to being bent but does not break completely.
- Oblique Fractures – Oblique fractures involve breaks that are at an angle to the bone. They typically result from severe blows to the body in the area of the break.
- Pathologic Fractures – Pathologic fractures are those that result from disease-related weakness. Under Florida’s “eggshell plaintiff” doctrine, individuals who suffer pathologic fractures in auto accidents can seek full financial compensation for their injuries.
- Stress Fractures – A stress fracture can occur in an auto accident when a twist, strain, or other severe or abnormal movement exerts an unsustainable force on a bone.
- Transverse Fractures – Transverse fractures occur when a bone breaks at 90 degrees. These types of breaks typically require orthopedic surgery.
Auto Accident Rates in the United States
There are millions of car accidents in the United States each year. According to the latest data available from the National Highway Traffic Safety Administration (NHTSA) in 2023, there were 5,250,837 auto accidents in the U.S. in 2020. This includes 1,593,390 auto accidents that resulted in injuries and 35,766 auto accidents that resulted in fatalities. This last number translates to 1.08 roadway fatalities per 100 million vehicle miles traveled.
Unfortunately, a significant percentage of these accidents happen in Florida. Based on data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 341,399 auto accidents in the state in 2020 (this number jumped to 401,540 in 2021). This includes 3,098 fatal auto accidents in 2020 (3,454 in 2021), which puts Florida’s fatality rate above the national average (at 1.59 fatalities per 100 million vehicle miles traveled in 2021).
What is the Difference Between an Accident Claim and an Insurance Company Payout?
If you’ve been injured in an auto accident in Florida, you may have questions about filing a personal injury claim. You may also have questions about obtaining an insurance company payout. So, what’s the difference?
In the simplest terms, an insurance company payout is a potential step in the accident claim process. In the vast majority of cases, seeking financial compensation after an auto accident in Florida involves dealing with the insurance companies. If you file an accident claim and your claim is successful, you will receive an insurance company payout—either as the result of a fair settlement or as the result of winning your case in court.
However, an insurance company payout is not guaranteed. When you file an accident claim, there is no guarantee that your claim will succeed. The insurance companies may deny liability—and if they do, you may end up without any financial compensation for your accident-related losses.
Important Considerations When Seeking an Insurance Company Payout
When seeking an insurance company payout, whether in settlement negotiations or in court, there are some important considerations you need to keep in mind. For example, as you go through the process, you must not forget that:
- The Insurance Companies Don’t Have Your Best Interests in Mind – When you file an insurance claim after an auto accident, the insurance companies’ goal is to pay you as little as possible, rather than a fair settlement. They don’t have your best interests in mind, and you cannot trust them to handle your claim fairly.
- The Insurance Companies Don’t Have to Explain Your Rights – While many accident victims rely on their claim representatives for advice, this can be a very costly mistake. The insurance companies don’t have to explain your rights in accident settlements. They will only tell you what they want to tell you—and this will be based on their best interests, not yours.
- You Need Evidence of Your Financial Losses – To make informed decisions and prove how much you are entitled to recover, you need evidence of your financial losses. If you can’t prove how much you deserve for your future medical care and loss of earnings, you won’t receive the payout you deserve.
- You Need Evidence of Your Non-Financial Losses – The same applies to your non-financial losses. If you cannot prove the “value” of your pain, suffering and emotional distress, you may not receive any compensation for these losses in your insurance company payout. It is important to always obtain a police report as a crucial piece of evidence in backing up your claim.
- Once You Settle, Your Claim is Over – When you have an accident claim, you only get one chance to seek an insurance company payout. If you accept a payout for less than you deserve, you won’t be able to go back and ask for more.
What are the Most Dangerous Habits While Driving?
Lots of people have reckless driving habits, and fail to uphold what is called their “duty of care” while driving. Whether they realize it or not, many drivers make mistakes every day that increase their risk of causing a serious auto accident. When these mistakes lead to accidents that result in significant or permanent injuries, accident victims can seek full compensation for their medical expenses, lost earnings, pain and suffering, and other losses.
Here are some examples of the most dangerous habits:
Texting and Sending Direct Messages
Texting and sending direct messages while driving is illegal in Florida. Unfortunately, this does not stop many drivers from typing away behind the wheel. When drivers are typing messages, they aren’t paying attention to their surroundings and cannot uphold their duty of care. Meaning, they are far more likely to cause a serious collision. All drivers should respect Florida traffic laws in order to maintain safety on the road.
Scrolling Social Media
Scrolling social media can be an equally dangerous form of distracted driving. When distracted drivers are scrolling Facebook, Twitter or Instagram, they aren’t looking at the road, and they aren’t upholding their duty of care to other drivers on the road. As a result, they are much more likely to cause an automobile accident or create a dangerous situation on the roadway.
Following Too Closely
Tailgating is a persistent problem in Florida. While there is no benefit to tailgating, many negligent drivers still have a habit of following much too closely. When following too closely, drivers’ visibility is limited, and they don’t have as much room to stop. Both of these factors increase tailgating drivers’ risk of causing a serious rear-end collision.
Driving Above the Speed Limit
Speeding is among the most common bad driving habits, and it is also among the most dangerous. When drivers exceed the speed limit, they have less control and need more room to stop. These factors combine to make speeding a leading cause of serious and fatal auto accidents in Florida.
Merging Without Looking
Many drivers merge into traffic without looking. Rather than taking responsibility for their own actions, they assume other drivers will get out of their way and thus fail to uphold reasonable care. This habit can be extremely dangerous, as it often leaves other drivers with no way to avoid a collision.
What is the Graves Amendment and How Does it Impact Vicarious Liability in Florida?
In Florida, there are lots of rental cars on the road. Several Florida cities are vacation destinations, and people from all over the world fly to Florida and then rent cars to get to their final destinations.
Unfortunately, this also means that there are lots of auto accidents in Florida involving rental cars. In some cases, these accidents happen because vacationers are trying to follow GPS directions instead of paying attention to the road. In others, they happen because rental companies do not adequately maintain their rental vehicles.
If you’ve been involved in an accident involving a rental car in Florida, you might be wondering whether you can sue the rental car company. The short answer is, “It depends.”
Rental car companies are protected under a federal law known as the Graves Amendment. Under the Graves Amendment, rental car companies cannot be held liable for accidents involving their vehicles unless it can be proven that the company itself was negligent. In other words, while rental car companies cannot be held liable for renters’ negligence, they can be held liable for negligently failing to maintain their vehicles. Of course, even if you can’t sue the rental car company, you can still file a claim against the driver, and most out-of-state drivers have auto insurance policies that cover their use of rental vehicles.
Searcy Denney Will Fight for Your Compensation for Medical and Non-Medical Costs
While the medical expenses associated with auto accident injuries can be substantial, in many cases, they are just a fraction of accident victims’ total losses. Under Florida law, accident victims are entitled to full compensation for all of the physical, emotional, and financial effects of their injuries, and calculating your total losses requires a comprehensive understanding of all of the various ways that your injuries contribute to difficult times in your life. Along with coverage for the costs of diagnosis, treatment, surgery, rehabilitation, prescriptions, and other medical expenses, you may also be entitled to compensation for additional losses. Florida law does allow for punitive damages if the at-fault party is guilty of gross negligence. At Searcy Denney, our Florida personal injury attorney can help you recover a claim for damages for:
- Current and future medical bills and prescription costs
- Other current and future out-of-pocket medical expenses
- Loss of income and wages
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium, society, and enjoyment of life
- Other financial and non-financial losses
Learn More About What an Accident Attorney Can Do for You During a Free and Confidential Consultation7
For more information about your right to adequate compensation for injuries sustained in an auto crash, we encourage you to contact us for a free, no-obligation consultation. In order to protect your claim for maximum compensation, it is important that you take legal action as soon as possible. To have your initial consultation with an experienced attorney about your Florida auto accident case, call us at (800) 780-8607 or request an appointment online now.