Car Accident Attorney in Aventura

There are many hazardous conditions and behaviors that can cause a Aventura auto accident, including:

• Poor weather or road conditions;
• Sleepy or fatigued drivers;
• Driving under the influence of alcohol or other substances;
• Faulty traffic lights;
• Obscured traffic signs or signals;
• Failure to stop at a red light or stop sign;
• Road signs that are difficult to read;
• Driving above or below the posted speed limits;
• Driver distraction caused by a cell phone, passenger, radio or other source; and
• Failure to obey traffic laws regarding turn signals, right-of-way and other rules.

There are many more potential factors that can contribute to auto accidents. However, even though a vast number of hazards can cause a car crash, the most common reason is driver negligence. 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, the odds will sooner or later catch up with reckless drivers, and their negligence will result in a collision that damages both property and people’s lives.

Some of the most common categories of injuries that result from Aventura car accidents include:

Varying degrees of pain, limitation of movement and mobility normally result from these types of injuries. It is clear that many auto accident injuries — or combinations of injuries — can have a significant negative impact on a victim’s ability to work and earn money to pay their living expenses and medical bills. A car crash can also leave a victim without transportation to commute to work and take care of necessary errands, including going to medical appointments. Injuries often impact victims’ relationships with loved ones and reduce their ability to take part in the activities they once enjoyed.

Even a fairly minor accident can trigger painful and debilitating soft-tissue injuries involving the muscles, tendons, ligaments, nerves, cartilage and the body’s surface layer up to and including the skin. Although these soft-tissue injuries may not be immediately evident when the wreck happens, pain, inflammation, stiffness and swelling frequently appear within days afterwards. Nerve and tissue impingement that results from soft-tissue injuries can create a cycle of pain and impairment that limits a victim’s daily activities, quality of life and overall wellbeing.

The Law Offices of Rosen & Ohr, P.A. completely understand the wide variety of negative effects a car accident can have on victims and their families. We know the internal workings of insurance companies, as well as the technical and procedural requirements of the law and the courts. An amazing array of factual, evidentiary and legal issues can arise in an auto accident case that involves serious, lasting injuries. There can also be disputes about insurance coverage where an insurer might question injury claims or dispute whether the injuries reduce the victim’s present or future earning capacity. These are just some of the complex factual and legal issues that frequently are a part of serious auto accident lawsuits. If you have been injured, you can rely on the legal experience and practical knowledge that our firm has provided to clients like you since 1965.

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 Aventura personal injury attorneys at Rosen & Ohr, P.A. have successfully represented thousands of clients since 1965 in all areas of South Florida, including Aventura, Hollywood, Pembroke Pines, 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!

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.

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 Aventura 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.

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.

Victims of an Aventura 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.

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.

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.

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.

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 Aventura 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 Aventura 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!

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 Aventura with experienced investigators and supporting staff.

We have been successfully representing accident victims since 1965 in all areas of South Florida, including Aventura, Hallandale, Hollywood, Ft. Lauderdale, North Miami Beach, Miami, Sunny Isles, Cooper City, Dania Beach, Broward County, Dade County, and Palm Beach County.

Call us today at (954) 981-1852 or e-mail us for a free consultation. Let Rosen & Ohr P.A., serve you!

There are many hazardous conditions and behaviors that can cause a South Florida auto accident, including:

• Poor weather or road conditions;
• Sleepy or fatigued drivers;
• Driving under the influence of alcohol or other substances;
• Faulty traffic lights;
• Obscured traffic signs or signals;
• Failure to stop at a red light or stop sign;
• Road signs that are difficult to read;
• Driving above or below the posted speed limits;
• Driver distraction caused by a cell phone, passenger, radio or other source; and
• Failure to obey traffic laws regarding turn signals, right-of-way and other rules.

There are many more potential factors that can contribute to auto accidents. However, even though a vast number of hazards can cause a car crash, the most common reason is driver negligence. 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, the odds will sooner or later catch up with reckless drivers, and their negligence will result in a collision that damages both property and people’s lives.

Some of the most common categories of injuries that result from South Florida car accidents include:

Varying degrees of pain, limitation of movement and mobility normally result from these types of injuries. It is clear that many auto accident injuries — or combinations of injuries — can have a significant negative impact on a victim’s ability to work and earn money to pay their living expenses and medical bills. A car crash can also leave a victim without transportation to commute to work and take care of necessary errands, including going to medical appointments. Injuries often impact victims’ relationships with loved ones and reduce their ability to take part in the activities they once enjoyed.

Even a fairly minor accident can trigger painful and debilitating soft-tissue injuries involving the muscles, tendons, ligaments, nerves, cartilage and the body’s surface layer up to and including the skin. Although these soft-tissue injuries may not be immediately evident when the wreck happens, pain, inflammation, stiffness and swelling frequently appear within days afterwards. Nerve and tissue impingement that results from soft-tissue injuries can create a cycle of pain and impairment that limits a victim’s daily activities, quality of life and overall wellbeing.

The Law Offices of Rosen & Ohr, P.A. completely understand the wide variety of negative effects a car accident can have on victims and their families. We know the internal workings of insurance companies, as well as the technical and procedural requirements of the law and the courts. An amazing array of factual, evidentiary and legal issues can arise in an auto accident case that involves serious, lasting injuries. There can also be disputes about insurance coverage where an insurer might question injury claims or dispute whether the injuries reduce the victim’s present or future earning capacity. These are just some of the complex factual and legal issues that frequently are a part of serious auto accident lawsuits. If you have been injured, you can rely on the legal experience and practical knowledge that our firm has provided to clients like you since 1965.

After a car accident, you should first check for injuries and call 911 to request immediate assistance if anyone is hurt. Even if injuries do not seem serious at first, it’s always a good idea to get a complete medical examination to check for hidden injuries. Once you know you are safe, move your car to the side of the road if possible and wait for law enforcement to arrive. You should exchange information with the other driver, including names, phone numbers, insurance details, and registration info. It’s important to document your insurance claim or potential legal case as much as possible.

To get a police report, you can either request it from the law enforcement agency that handled the accident or access it online through Florida’s Crash Portal. You’ll need details like the date of the accident, your vehicle’s license plate number, and the report number if you have it.

If the responsible driver does not have adequate insurance or has none at all, they may not be able to pay for the damage they’ve caused you. However, if your insurance policy includes uninsured motorist and underinsured motorist coverage (UM/UIM), it may cover your losses. You can also consider suing the driver directly, though that process can take time, and there’s no guarantee they’ll be able to pay. It’s a good idea to talk to our auto accident lawyer to explore your options.

Several types of evidence could help your car accident claim. First, your medical records are essential if you sustain injuries in the crash. They show the extent of your injuries and how they relate to the accident. It’s also important to take pictures of the accident scene. That includes the crash location, any vehicle damage, and any visible injuries you suffered. You’ll also want to keep receipts for medical treatments. Witness statements and the police report could add valuable information to your injury case. In some cases, expert witness testimony from accident reconstructionists may be necessary. Our car accident attorney can help you gather and organize this evidence.

In Florida, you generally have two years from the crash date to file a lawsuit. The deadline is set by the statute of limitations on personal injury claims. You will likely lose your chance to seek compensation if you miss the window. However, some narrow exceptions could apply. It’s best to speak with a car accident lawyer from our firm as soon after the accident as possible to ensure you meet all the deadlines.

Thanks to Florida’s comparative negligence rule, you can still recover damages even if you were partially at fault. That means if you’re partly responsible for the accident, the amount of money you can get will be reduced according to your share of fault. For example, if a court finds that you are 20 percent at fault, the money you receive will be reduced by 20 percent. It’s essential to work with our auto accident lawyer, who can fight for maximum compensation, even if you share some blame for the crash.