At Gonzalez & Cartwright, P.A., we understand how overwhelming a car accident can be. Between medical bills, insurance claims, and uncertainty about your next steps, it’s easy to feel lost. Our experienced attorneys are here to help. We’ll answer your questions, guide you through the legal process, and fight for the compensation you deserve. If you or a loved one has been injured in a car crash, trust our South Florida legal team to stand by your side every step of the way.
What Should I Do After a Car Accident?
Taking the right actions immediately after a car accident can protect your health, your rights, and your ability to pursue compensation.
- Ensure Safety and Call Emergency Services
Your first priority is safety. Check yourself and others for injuries, and if possible, move to a safe location away from traffic. Turn on your vehicle’s hazard lights to alert other drivers. Call 911 immediately to report the accident and request medical assistance if needed. - Document the Scene
Gather as much evidence as possible. Take photos of vehicle damage, road conditions, traffic signals, and visible injuries. Collect the other driver’s name, contact details, insurance information, and license plate number. If there are witnesses, ask for their contact information as well. - Seek Medical Attention
Even if you feel fine, seek medical care. Some injuries, such as whiplash or internal bleeding, may not present symptoms immediately. Visiting a doctor also provides documentation that can be crucial for your claim. - Avoid Admitting Fault
When speaking to the police, other drivers, or witnesses, be careful not to admit fault. Stick to the facts, and avoid speculating about the cause of the accident. - Contact an Attorney
Consulting with an experienced car accident attorney is vital. At Gonzalez & Cartwright, P.A., we will handle the legal details, deal with insurance companies, and ensure you are treated fairly while you focus on recovery.
How Is Fault Determined After a Car Accident?
Fault determination in a car accident involves evaluating evidence, assessing negligence, and applying state laws.
Key Evidence in Fault Determination
The police report is one of the most important pieces of evidence, as it includes statements, officer observations, and traffic citations. Eyewitness testimonies can provide independent accounts of the accident, clarifying how events unfolded. Physical evidence, such as vehicle damage, skid marks, and debris, often indicates what happened and who is responsible.
The Role of Technology and Experts
Modern tools like traffic camera footage and dashcam recordings can provide irrefutable evidence. Accident reconstruction experts may also analyze data to recreate the accident and identify fault.
Comparative Negligence in Florida
Florida follows a comparative negligence law, which means you can still recover compensation even if you are partially at fault. However, your total compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your compensation will be reduced by 20%.
Our attorneys at Gonzalez & Cartwright, P.A. will thoroughly investigate your case, gather evidence, and fight to minimize your percentage of liability so you receive the maximum compensation possible.
What Compensation Can I Recover in a Car Accident Claim?
If you’ve been injured in a car accident, you may be entitled to compensation for your losses.
Economic Damages
Economic damages include measurable financial losses caused by the accident. These may include:
- Medical Expenses: Ambulance fees, hospital bills, surgeries, physical therapy, and prescription medications.
- Lost Wages: Compensation for income lost due to time away from work during recovery.
- Property Damage: Costs to repair or replace your vehicle and any personal items damaged in the accident.
Non-Economic Damages
Non-economic damages address the emotional and physical toll of the accident. These include:
- Pain and Suffering: Physical pain and discomfort caused by your injuries.
- Emotional Distress: Anxiety, PTSD, depression, and mental trauma resulting from the crash.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once enjoyed.
Punitive Damages
Punitive damages may apply in cases of gross negligence, such as accidents caused by drunk or reckless drivers. These damages are intended to punish the at-fault party and deter similar behavior in the future.
At Gonzalez & Cartwright, P.A., we carefully evaluate your case to account for all your current and future losses, ensuring you receive the full compensation you deserve.
How Long Do I Have to File a Car Accident Claim?
The statute of limitations for filing a car accident claim in Florida depends on the type of case.
Personal Injury Claims
For personal injury cases, you have four years from the date of the accident to file a lawsuit.
Wrongful Death Claims
If the accident resulted in the wrongful death of a loved one, you have two years to file a claim.
Special Circumstances
Certain situations may alter these deadlines. For example, accidents involving government entities may require you to file a notice of claim within a shorter time frame.
Failing to meet these deadlines can result in losing your right to pursue compensation. Contact Gonzalez & Cartwright, P.A. as soon as possible to protect your case.
How Much Does It Cost to Hire a Car Accident Attorney?
At Gonzalez & Cartwright, P.A., we work on a contingency fee basis, which means you don’t pay any upfront legal fees. You only pay if we successfully recover compensation on your behalf. This approach ensures that legal representation is accessible to everyone, regardless of their financial situation. Our fees are a percentage of the compensation we recover for you, and we are transparent about all costs from the beginning.
What Happens If the At-fault Driver Has No Insurance?
If the at-fault driver is uninsured or underinsured, you still have options to recover compensation. In such cases, your uninsured/underinsured motorist coverage (UM/UIM) on your auto insurance policy can help. This type of coverage is specifically designed to protect you when the other driver lacks adequate insurance.
If you don’t have UM/UIM coverage, you may still be able to pursue a lawsuit directly against the at-fault driver. However, recovering damages in these cases depends on the driver’s ability to pay. Our attorneys will explore all options, including identifying other liable parties or insurance policies, to ensure you receive the compensation you deserve.
How Long Will It Take to Settle My Car Accident Case?
The time it takes to resolve a car accident case can vary depending on several factors. If liability is clear and injuries are relatively minor, settlements may take a few months. However, more complex cases involving severe injuries, disputed fault, or insurance company delays can take a year or more to resolve.
At Gonzalez & Cartwright, P.A., we understand the financial and emotional pressure you may be facing. While we work efficiently to reach a settlement, we will not rush the process at the expense of your compensation. Our goal is to ensure you receive the maximum possible recovery, whether through negotiation or trial.
Should I Talk to the Insurance Adjuster?
No, it’s best to avoid speaking to the insurance adjuster without consulting an attorney. Insurance adjusters are trained to minimize payouts, and they may use your statements against you to undervalue or deny your claim. Adjusters might ask you leading questions, pressure you into accepting a quick settlement, or request a recorded statement, all of which can harm your case.
By allowing Gonzalez & Cartwright, P.A. to handle all communication with the insurance company, you can focus on your recovery while we protect your interests. Our attorneys know how to counter insurance company tactics to ensure you receive fair compensation.
What if I Was Partially At Fault for the Accident?
Under Florida’s comparative negligence laws, you can still recover compensation even if you are partially at fault for the accident. Your total compensation will be reduced based on your percentage of fault. For example, if you are found to be 20% responsible for the crash, your total compensation will be reduced by 20%.
Determining fault can be complex, and insurance companies may attempt to assign you more blame than you deserve to reduce their payout. Our legal team at Gonzalez & Cartwright, P.A. will thoroughly investigate the accident, gather evidence, and negotiate on your behalf to minimize your percentage of fault and maximize your recovery.
What Types of Injuries Qualify for a Car Accident Claim?
Car accidents can cause a wide range of injuries, from minor to severe. Injuries that commonly qualify for car accident claims include:
- Whiplash and Neck Injuries: Soft tissue damage caused by sudden movement of the head and neck.
- Fractures and Broken Bones: Arms, legs, ribs, and other bones commonly break upon impact.
- Spinal Cord Injuries: Damage to the spine that can result in partial or total paralysis.
- Head and Brain Injuries: Concussions, traumatic brain injuries (TBI), and skull fractures often occur in serious crashes.
- Internal Injuries: Organ damage, internal bleeding, or punctured lungs caused by blunt-force trauma.
- Soft Tissue Damage: Torn ligaments, tendons, and muscle sprains often require medical treatment and rehabilitation.
- Cuts and Bruises: Deep lacerations, road rash, and contusions caused by broken glass, sharp metal, or impact.
Even seemingly minor injuries can worsen over time and impact your life significantly. It’s important to seek medical attention immediately and consult with an attorney to ensure all your injuries are properly documented and accounted for in your claim.
Why Choose Gonzalez & Cartwright, P.A.?
At Gonzalez & Cartwright, P.A., we are dedicated to fighting for car accident victims. With over two decades of combined experience, we’ve recovered millions of dollars for clients across South Florida. Our team provides compassionate, personalized attention to every case, ensuring you feel supported throughout the legal process. We proudly serve English- and Spanish-speaking communities and offer free consultations with no fees unless we win.
Contact Gonzalez & Cartwright, P.A. Today
If you’ve been injured in a car accident, don’t wait to get the legal help you need. Let the experienced attorneys at Gonzalez & Cartwright, P.A. protect your rights, handle the insurance companies, and fight for the compensation you deserve.
Contact us today for a free consultation to get started.