Fort Lauderdale Car Accident Lawyer

At Chalik & Chalik Injury Lawyers, our team is deeply committed to recovering compensation for victims of auto accidents. Since 1995, our firm’s experienced car accident lawyers in Fort Lauderdale have earned a strong record of success, securing millions in compensation through verdicts and settlements.

We proudly offer legal representation without any upfront costs, giving injury victims the confidence to pursue justice without financial risk. Consultations are free and there is no fee until your case is won.

When you choose a Fort Lauderdale personal injury lawyer from Chalik & Chalik, you can trust our team to fight for maximum compensation and hold the at-fault party accountable.

Why You Should Choose Chalik & Chalik Injury Lawyers

At Chalik & Chalik, our family fights for your family. Unlike larger, impersonal firms, we take a hands-on approach to every case. As a family-owned law firm, your case will be handled directly by our owners, Jason and Debi Chalik, ensuring personalized representation.

We’re passionate about delivering justice, and our knowledge and dedication have led to our firm being featured on media outlets like USA Today, 60 Minutes, CNN, and Inside Edition. 

Significant Wins for Car Accident Victims

Our clients’ successes drive everything we do. Most of our cases are settled through negotiations with insurers, and we’re prepared to stand by your side if court proceedings are necessary.

Our Fort Lauderdale car accident lawyers have recovered multi-million-dollar case results, such as:

• Securing $5 million for a claimant who suffered injuries due to a defective car part.
• Winning $3 million in a case against Bridgestone and Ford.
• Recovering $2.2 million for a client who was hit as a pedestrian.

Dedicated to Earning Your Trust and Satisfaction

Our team works hard to ensure that every client feels supported, heard, and confident throughout their case. We take great pride in the positive reviews we receive from former clients, such as the following:

• “I really can’t say enough great things about this Firm. Honest, ethical and great communicators. Dell made me feel like family and answered all my questions numerous times. The experience that Jason and his team have is quite obvious. They kept me [updated] about my case at all times. Very happy client!!” – Charles P.
  
• “Chalik and Chalik took great care of me and my case from day one…I would recommend Chalik and Chalik to anyone…I’m happy that I found Chalik and Chalik and had an amazing case worker in Ms. Dell. Much love and if you’re looking for a solid legal team to represent your case you’ve actually found it in Chalik and Chalik.” – Anthony S.

How Much does a Fort Lauderdale Car Accident Lawyer Cost?

After an accident, many people consider seeking legal help but worry about the cost. Our Fort Lauderdale car accident lawyers work on a contingency fee basis, meaning payment comes as a percentage of your award, so there are no upfront expenses.

Our team will also speak with you free of charge during a complimentary case evaluation. We’ll discuss your accident and answer your questions without requiring any payment.

Based on the details of your case, we’ll also provide you with information about the percentage for the contingency fee, and ensure you understand how the payment structure works.

How a Car Accident Lawyer Can Help Your Case

After a car accident, the aftermath can be overwhelming, leaving victims to navigate complex legal and insurance processes. Our team understands the challenges you face and we’re committed to guiding you every step of the way.

Our Fort Lauderdale car accident lawyers have decades of experience representing injury victims throughout Florida. While you focus on recovery, our team will handle these aspects and more:

• Thorough Investigation: We’ll thoroughly investigate the accident, collecting evidence and interviewing witnesses to build a strong case.
• Assess Damages: We’ll carefully evaluate the extent of your injuries and damages, including medical bills, lost wages, and pain and suffering.
• Negotiate with Insurance Companies: We’ll work tirelessly to secure a settlement that fully reflects your injuries and damages, handling communications with insurance providers to fight for a fair settlement.
• File Legal Documents: Our team will prepare and file necessary legal paperwork, ensuring compliance with all state deadlines and procedural requirements.
• Handle Court Proceedings: If a settlement can’t be reached, we’re not afraid to go to trial. We’ll represent you in court and fight to get the compensation you deserve.
• Keep You Updated: We’ll provide regular updates throughout the process, keeping you informed of any new developments or settlement offers. We remain available to you throughout the case, even if it means visiting you at home or in the hospital.

Proving That the Other Driver Was At-Fault

Proving fault is essential in any personal injury case. Our car accident attorneys work to establish negligence, meaning we must show that the other driver’s actions were responsible for causing the accident. To do this, we will demonstrate the following:

• Duty of Care: Every driver has a legal obligation to operate their vehicle safely and responsibly, adhering to traffic laws and regulations. This duty extends to all road users, including pedestrians and cyclists.
• Breach of Duty: A breach occurs when a driver fails to meet the standard of care expected, such as by speeding, running a red light, or driving under the influence. This failure can be established through evidence like traffic citations, witness statements, or surveillance footage.
• Causation: It must be shown that the breach directly caused the accident and the resulting injuries. This involves demonstrating a clear link between the driver’s actions and the harm suffered.
• Damages: The plaintiff must provide evidence of actual losses, including medical expenses, lost wages, and pain and suffering. Documenting these damages is essential for determining appropriate compensation.

Can I Get a Settlement If I Was Partially at Fault for My Car Accident?

Yes, even if you were partially responsible for your accident, you can seek a financial reward for your loss. However, there is a limit under Florida’s comparative negligence rule.

Florida’s modified comparative negligence law means you cannot be more than 50 percent responsible for the accident. If you are, you lose your right to damages.

The insurance company may try to say you were more at fault than you really were, shifting the greater percentage of blame to you. This tactic could mean you walk away with nothing, even though you are still recovering financially, emotionally, and physically.

However, our law office knows how to combat these methods, and we know what it takes to show that the negligent driver is responsible for paying for your losses. You deserve compensation for damages, so don’t face the other party and their insurer alone.

Do I Need a Lawyer if I Wasn’t At-Fault for the Accident?

If you weren’t at fault for the accident, you might feel confident that the insurance company will handle your claim fairly. However, insurance companies often attempt to minimize payouts, even for those who weren’t at fault. A lawyer can help ensure that your rights are protected and negotiate to get fair compensation.

Additionally, while proving fault might seem straightforward, there can be complexities in collecting evidence, handling disputes about liability, or dealing with multiple parties involved in the accident. A car accident attorney can navigate these challenges.

Furthermore, according to a report from the Insurance Research Council (IRC), 85% of all funds paid by insurance companies for personal injury claims are awarded to clients who were represented by an attorney.

The report also found that insurance payments for those with legal representation can be up to 3.5 times higher than for those without an attorney.

Who Can Be Sued After a Car Accident?

In a car accident case, identifying every party with potential liability requires thorough investigation and legal analysis. It’s also crucial for ensuring fair compensation for your damages. Depending on the specifics of the incident, liable parties may include:

• Other drivers: Individuals who directly caused the accident through negligence, such as distracted driving or speeding.
• Vehicle owners: Owners of the involved vehicles, especially if they knowingly allowed an unfit driver to use their vehicle.
• Employers: Companies may be liable if the accident involved an employee acting within the scope of their employment.
• Vehicle manufacturers: If a vehicle defect contributed to the accident, the manufacturer might be liable.
• Maintenance companies: Entities responsible for vehicle maintenance, if poor maintenance played a role in the accident.
• Government entities: If poor road conditions or inadequate signage contributed to the accident.

Calculating the Compensation You’re Owed After a Car Accident

There are two primary types of accident compensation in a personal injury claim: 

• Economic damages are awarded for losses that have a direct financial value. This can include medical care costs, physical therapy and rehabilitation costs, lost income or wages, and other losses. Anything with a receipt is an economic loss. While these are easier to estimate, it’s easy for accident victims to lose track of losses or undervalue something complicated, like future income losses.
  
• Non–economic damages estimate the costs of less tangible losses that do not have an exact financial value. This may be your pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and other very real, emotional harm to you. While money cannot truly make up for these losses, you are still entitled to seek damages from the liable party.

Both of the above categories of losses are considered “compensatory damages.” Another category of compensation is called “punitive damages.” Punitive damages can be awarded in Florida car accident cases, but they are generally reserved for situations where the defendant’s conduct was particularly egregious or reckless.

Florida law allows for punitive damages under specific circumstances, typically in cases involving gross negligence or intentional misconduct.

Totaling Economic Damages After an Auto Accident

Part of estimating the value of your car accident claim involves adding up your economic damages. Some of the documents used to calculate these damages include:

• Emergency room and hospital bills
• Diagnostic tests, treatments, and physician’s bills
• Receipts for prescriptions and any medical devices you’ve required
• Receipts for your medical-related transportation costs
• Your employment records
• Repair estimates for your vehicle
• Any other out-of-pocket expenses related to the accident and your injuries

We may also consult with economists to learn more about your anticipated expenses.

Totaling Non-Economic Damages After an Auto Accident

Our team will also determine the cost of your non-financial losses. These damages are calculated based on factors including:

• The extent of your injuries
• Your age
• Whether you will have a long-term disability
• How much your injuries have affected your relationships
• How much time you missed from work
• Your quality of life
• Your mobility

Florida does not put a cap on non-financial damages. You can seek these types of damages through a car accident lawsuit if your insurance policy does not adequately cover your losses.

Injuries You Can Seek Compensation for Following a Car Accident in Florida

Whether your injuries heal in a matter of days or a matter of weeks, if you incur medical expenses, a car accident lawyer in Fort Lauderdale can help you pursue compensation for these costs. Some common injuries caused by auto accidents include:

• Head trauma and skull fractures: Injuries to the skull can lead to severe pain, brain swelling, or long-term cognitive challenges, often requiring immediate medical attention and ongoing care.
• Traumatic brain injuries: These can range from mild concussions to life-altering brain damage, impacting memory, motor skills, or even personality.
• A broken pelvis: Pelvic fractures can cause intense pain and may require surgery, extensive rehabilitation, and long periods of immobility.
• A herniated disk: This type of spinal injury can lead to chronic back pain, nerve damage, and limited mobility, often requiring physical therapy or surgical intervention.
• Whiplash: A common injury in rear-end collisions, whiplash can result in neck stiffness, headaches, and even long-term complications.
• Spinal cord injuries: Damage to the spinal cord can lead to partial or complete paralysis, dramatically altering a victim’s quality of life.
• Loss of limb: Amputations caused by severe accidents can result in emotional trauma, costly prosthetics, and the need for long-term care.
• Burn injuries: Car accidents that involve fires or explosions can leave victims with severe burns, leading to permanent scarring, painful treatments, and possible infection.
• Internal organ damage: Trauma from car accidents can damage organs like the lungs, liver, or kidneys, often requiring emergency surgery.
• Broken ribs and fractures: Fractures are common in high-impact crashes, especially broken ribs, which can cause further complications like punctured lungs.
• Soft tissue injuries: Torn ligaments, sprains, and muscle damage can limit mobility and take weeks or months to heal fully.
• Wrongful death: Tragically, some accidents result in the loss of a loved one, leaving families to cope with emotional and financial devastation.

Wrongful Death in Fort Lauderdale Car Accidents

If you lost a loved one in a vehicle crash because of someone else’s negligence, we extend our sincere condolences. We understand that a financial award is a small consolation after you lose someone you love, but it may help to ease the financial burden and provide some measure of justice for your loss.

Our wrongful death lawyers in Fort Lauderdale are here to support you through every step of the legal process, so you can take the time you need to mourn.

With a wrongful death claim, we will help you seek compensation for your economic losses, including medical bills, funeral expenses, burial expenses, and lost income from your deceased loved one.

In addition, we will work to hold the at-fault parties responsible for the non-economic losses you suffered, such as loss of companionship, loss of advice, loss of emotional support, and mental anguish.

We firmly maintain that at-fault parties should be held fully responsible for the injuries they caused. Our attorneys forcefully pursue justice on behalf of victims and their loved ones, so you can seek the compensation you deserve for your losses.

Types of Car Accident Lawsuits Our Attorneys Handle

As South Florida residents, we know firsthand how dangerous Fort Lauderdale roads can be. Construction, rain and flooding, angry or unpredictable drivers, and congested roads and highways make driving challenging even for the safest driver.

There are many types of accidents and many factors that may have contributed to your crash. Some of the types of accident cases we handle include but are not limited to:

• Speeding Accidents: Driving over the limit is illegal and can result in devastating accidents that cause serious harm. Nearly one-third of all car accidents can be attributed in some way to speeding, per the National Highway Traffic Safety Administration (NHTSA).
• Rear–End Collisions: Rear-end accidents occur when one vehicle crashes into the back of another. While they might seem minor, rear-end collisions can cause significant whiplash, back, and neck injuries.
• Head–On Collisions: These are some of the most catastrophic types of crashes. They happen when the front end of one vehicle strikes a stationary object or the front of another vehicle. The impact can result in life-threatening injuries or fatalities.
• Drunk Driving Accidents: Florida Statutes § 316.193 prohibits drinking and driving. A drunk or intoxicated driver can cause catastrophic injuries and fatal accidents, especially if they cause something like a head-on collision.
• Distracted Driving Accidents: These types of accidents occur when a driver takes their focus away from the road, whether by using a phone, adjusting controls, or engaging in other activities. Additionally, Florida outlaws texting and driving. We can subpoena the other driver’s phone records to determine if this was a factor in your accident.
• Uninsured/Underinsured Motorist Accidents: If you’re involved in an accident with a driver who doesn’t have enough insurance, or any insurance at all, you could be left facing high medical bills and damages. A skilled attorney can help you pursue compensation even if the other driver is uninsured or underinsured.
• Tailgating Accidents: Following too closely behind another vehicle, especially at high speeds, is a dangerous driving habit. Tailgating reduces reaction time and is a leading cause of rear-end collisions, which can cause serious injuries.
• Unsafe Lane Changes Accidents: Changing lanes without signaling or checking blind spots can lead to catastrophic accidents. Often, drivers who don’t follow proper lane-change procedures cause side-swipe or rear-end collisions.
• Road Rage Accidents: Road rage makes motorists impulsive and dangerous while driving. They may behave in a manner that is aggressive, unsafe, and threatening.
• Inclement Weather Conditions: Poor weather conditions are a contributing factor in motor vehicle crashes. As Floridians, we are no strangers to poor weather. Examples include heavy rain, wind, and fog. Motorists are expected to adjust their driving to meet these conditions. Otherwise, they could be found negligent.

What Should You Do After Being in a Collision?

Your actions following a car accident can significantly affect your claim. It also helps to understand the financial recovery process itself. The following measures could promote your case’s overall outcome:

Filing Your Car Accident Case Within the Appropriate Deadline

First and foremost, you’ll need to file your lawsuit within the legal time limits. Florida Statutes § 95.11(3)(a) grants you two years to file your car accident injury lawsuit.

This may seem like a long time, but it’s imperative not to wait until the last minute. You could be barred from seeking compensation in court if you miss the deadline.

Our personal injury attorneys can assess your situation, explain your options, and file your case by the two-year deadline.

If your loved one passed away, a car accident attorney can help you file a wrongful death lawsuit while you focus on your family. Per Florida Statutes § 95.11(4)(d), accident victims have two years to take legal action for wrongful death.

Keeping and Gathering Important Evidence Related to Your Car Accident

The following evidence can support your right to compensation:

• Photos of the accident scene, your vehicle, and your injuries
• The police report
• Video footage
• Eyewitness statements
• Statements from your doctor

If you do not have these pieces of information, do not worry. Your car accident lawyer in Fort Lauderdale, FL, can gather them for you.

They also may be able to use documents other than those listed above. You can bring any evidence you have to your car accident lawyer for use in building your lawsuit.

Following Through With Your Medical Treatment Plan After an Auto Accident

Seek immediate medical care following your collision. You should also:

• Attend all follow-up appointments
• Stick to your treatment plan
• Document all your appointments
• Keep a running list of all medications
• Keep track of all the doctors, physical therapists, and other practitioners you see
• Ask for copies of your medical records, bills, and other reports, such as a police report

If you incurred a serious injury, keep records of how your condition impacts your daily life. These records help us determine the monetary value of your pain and suffering and any future medical expenses you may incur.

If you delay or forgo treatment, you risk having an insurance company undervalue or outright deny your claim. You deserve to make your maximum medical recovery and seek fair compensation, so make sure you see a doctor and follow through with your prescribed treatment plan.

Avoid Speaking to Insurance Companies

After a car accident, it’s wise to exercise caution when dealing with insurance companies, including your own. Insurance adjusters, despite appearing helpful, aim to minimize the company’s payouts.

Conversations you have with them can be used to undermine your claim. They might interpret your words to suggest you were at fault or downplay your injuries.

Without proper legal representation, you risk accepting a settlement far below what you deserve. An attorney from our firm can handle these negotiations on your behalf, ensuring that your rights are protected and you receive compensation for your damages, injuries, and any long-term impact the accident may have on your life.

Stay Off Social Media

After a car accident, staying off social media is crucial for protecting your legal rights and claims. Insurance companies and defense attorneys often monitor the social media accounts of individuals pursuing claims for any content that could undermine their case.

Photos, comments, or even check-ins that suggest you’re more physically capable or less injured than claimed can be used against you, potentially reducing your compensation.

Moreover, seemingly innocent posts can be misconstrued or taken out of context to challenge the severity of your injuries or your account of the accident. To safeguard your claim, it’s best to limit your social media presence until your case is resolved.

Avoid Accepting a Cash Offer from the Responsible Party

Some drivers may offer money after an accident in an attempt to avoid going through insurance or legal processes. If the at-fault driver offers cash, it’s important to decline. While it might seem like a quick fix, accepting cash could prevent you from receiving the full compensation you deserve.

The severity of your injuries and the extent of property damage may not be immediately clear, and symptoms could worsen over time. Some injuries, like whiplash or internal trauma, can take days or even weeks to manifest symptoms

By accepting cash, you risk waiving your right to pursue a larger settlement or insurance claim that covers all your medical expenses, lost wages, and long-term costs.

Without fully understanding the impact of the accident, taking cash upfront could leave you financially unprotected later on.

Consider Hiring a Car Accident Lawyer

Hiring a lawyer after a car accident offers several key benefits. You’ll have someone advocating for your rights and ensuring you’re treated fairly throughout the claims process.

As previously discussed, a lawyer will handle the insurance companies, build a strong case with the necessary evidence, accurately calculate damages, and ensure all paperwork is filed correctly and on time, among other important steps.

Frequently Asked Questions About Car Accident Claims

Car accidents can be stressful and complicated, and there are many important details to consider as you navigate the aftermath. Our law firm is here to answer some of the questions we hear the most.

Should I Provide a Recorded Statement to Insurance After a Car Accident?

After a car accident, insurance companies often request a recorded statement about what happened. While this might seem like a straightforward way to share your side of the story, it’s usually best to proceed with caution. Insurance adjusters are trained to look for details that could minimize your claim or shift liability. Even an innocent misstatement or omission could be used against you later.

Florida law doesn’t require you to provide a recorded statement to the other driver’s insurance company. Instead, it’s best to consult a car accident lawyer before making any statements.

An attorney can guide you on how to communicate with insurers, ensure your rights are protected, and help you avoid saying anything that could jeopardize your claim.

What Should I Do if the Insurance Company Requests My Medical Records?

When filing an insurance claim after a car accident, you may be asked to provide medical records. While this can help establish your claim, it’s important to limit what you provide.

Giving full access to your medical history could allow the insurance company to search for unrelated conditions or prior injuries to reduce or deny your compensation.

You are not required to give the insurance company unrestricted access to your records. Before sharing any documents, consult with a car accident lawyer who can review the request and ensure only relevant records are disclosed.

This approach protects your privacy and prevents the insurer from using irrelevant medical details to undermine your claim.

How does Florida’s No-Fault Insurance Claim System Work in Car Accident Cases?

Florida is considered a no-fault state for vehicle accidents, which means that each driver must maintain continuous insurance coverage designed to cover medical expenses and property damage, no matter who was at fault. Per Florida Highway Safety and Motor Vehicles (FLHSMV), motorists must carry:

• A minimum of $10,000 in personal injury protection (PIP) coverage
• At least $10,000 in property damage liability (PDL) coverage

Your PIP coverage will pay for your financial losses regardless of who is responsible for the accident. If your injuries pass the serious injury threshold, you can pursue compensation from a third party.

We understand that insurance matters can get complicated. Rather than schooling yourself on these issues, let our team handle the insurance company.

What Is Florida’s “Serious Injury” Threshold for a Car Accident?

Florida Statutes § 627.7407 says that Florida is a no-fault state. To recoup damages following a collision, you generally file a claim with your insurer.

However, Florida Statutes § 627.737 allows drivers to collect compensation from at-fault drivers, assuming they meet certain criteria. This is called the “serious injury threshold,” and it applies when you experience at least one of the following:

• Significant disfigurement
• Permanent limitation of a bodily organ
• Significant restriction of a bodily function

If any of these conditions apply, you may file a third-party claim with the at-fault driver’s insurance provider. Unlike your PIP benefits, these claims allow you to receive compensation for general damages, such as pain and suffering and emotional distress.

Are Car Accident Settlements Taxable in Fort Lauderdale?

Some portions of your car accident settlement are taxable. Pain and suffering, for instance, may be subject to taxation. However, federal law protects those who seek economic damages for injuries. You won’t be taxed for damages like medical bills and lost wages.

Contact a Car Accident Lawyer in Fort Lauderdale, FL

Contact Chalik & Chalik Injury Lawyers today to learn more about working with a car accident attorney in Fort Lauderdale, Florida. You can complete a free case review to explore your legal options at no obligation.

When you choose Chalik & Chalik, you won’t be just another case number. You’ll work directly with our partners, Jason and Debi Chalik, who are deeply invested in your case. This personalized attention allows us to craft a tailored strategy focused on achieving the best possible outcome for you.

Do not hesitate to hold a negligent driver responsible for their actions – call us for a free initial consultation now.