Common Injuries in Car Accidents

Each car accident is unique, and the types of injuries that result depend on the specific situation. Still, there are some injuries that are particularly common in these devastating events. If you or a loved one has been hurt in a motor vehicle collision, the experienced Pembroke Pines car accident lawyers at Cohn & Smith can help you investigate your options and determine the forms of compensation that you may be able to receive.

Some of the common injuries in car accidents include contusions, lacerations, fractures, disc herniations, traumatic brain injury (TBI), burns, amputation, whiplash, and paralysis. Facial injuries, such as jaw and dental injuries or disfigurement, may also occur due to a driver or passenger’s impact with the dashboard, airbag, windshield, or another part of the vehicle. Serious internal injuries to the kidneys, spleen, liver, bowels, heart, and lungs are not uncommon in a motor vehicle collision. Psychological injuries, especially after a serious collision, also happen frequently. These may include anxiety, depression, posttraumatic stress disorder, or emotional distress.

Lawsuits that arise because of a car crash usually proceed under a theory of negligence. Under Florida negligence law, the burden of proof rests on the person seeking to recover compensation. This requires proof of four main elements by a preponderance of the evidence:

• The defendant must have owed a legal duty to the plaintiff.
• The defendant must have breached that duty in some manner.
• The plaintiff must have suffered actual damages.
• The defendant’s breach of duty must have been the proximate cause of the damages suffered by the plaintiff.

Some of the types of compensation that a plaintiff may be entitled to receive for his or her injuries include past medical expenses, reasonable and necessary medical expenses expected to be incurred in the future, lost wages, loss of future earning capacity (sometimes called “vocational disability”), pain and suffering, disfigurement, and loss of enjoyment of life. The plaintiff’s spouse may also be able to claim loss of consortium damages if he or she has been deprived of the benefits of the marital relationship, such as society, services, companionship, or marital relations.

If a case goes to trial, a jury will decide the dollar value of both the economic and the noneconomic damages to be recovered by the plaintiff. In cases involving particularly egregious conduct, such as intentional wrongdoing or extreme recklessness, the jury may also be allowed to award punitive damages. Under Florida’s pure comparative fault doctrine, the plaintiff’s compensation award may be reduced in proportion to his or her own negligence in the accident. A skilled personal injury attorney can argue on a victim’s behalf to prevent or limit the application of this doctrine.

It takes a considerable amount of time for an attorney to investigate a car crash case, so it is wise for a plaintiff to seek representation as soon as possible after an accident rather than waiting until just before the filing deadline in the hope that the insurance company will offer a last-minute settlement. To schedule a free, confidential case evaluation, contact the Pembroke Pines attorneys at Cohn & Smith at (954) 431-8100 or contact us online. We advise people throughout South Florida who need a motor vehicle collision lawyer to help them seek compensation for common injuries in a car accident, including residents of Fort Lauderdale, Aventura, Weston, Coral Springs, Pompano Beach, Sunrise, Tamarac, Hollywood, Davie, and communities throughout North Dade County.