If you have suffered injuries from being ejected from a car in a Fort Lauderdale accident, you can sue the at-fault driver for damages. Still, you must meet certain legal conditions to seek compensation for your medical bills, lost income, and pain and suffering. The Fort Lauderdale car accident lawyers with our law firm can explain how the claims process works and when you may be eligible to sue.
When Would a Car Crash With Ejection Occur?
If a person is ejected from their vehicle during a car accident, it is most likely that they were not wearing their seatbelt. Conditions that can lead to a car accident ejection include:
- The occupant was not secured with a safety restraint, such as a seatbelt.
- The vehicles involved were traveling at high speeds.
- A door, window, or seat belt suffered significant damage or was initially defective.
Some types of accidents, such as rollovers, have a higher incidence of victims being ejected from the car.
It is also possible for ejections to occur even when the occupant is properly restrained. If a seat belt fails or an airbag deploys incorrectly, the resulting forces can throw a passenger through a broken window or sunroof. Improper door latches or seat designs have also contributed to occupant ejections in past cases. In such scenarios, liability may extend beyond the driver to include auto manufacturers or third-party maintenance providers.
Not wearing a seat belt is a traffic violation, but under Florida’s no-fault insurance system, you can still pursue compensation.
Your Personal Injury Protection (PIP) Policy Coverage
All drivers in Florida must carry personal injury protection (PIP) coverage to operate a vehicle. Under that auto insurance policy, you may claim 80% of your necessary medical expenses and 60% of your gross income up to the policy limits, which is a minimum of $10,000.
Typically, you cannot sue under a no-fault system. However, car ejection injuries can be severe, and the medical care costs for these injuries can be exorbitant. If your injuries meet the serious injury threshold, you are eligible to sue the at-fault driver. Those criteria include:
- Permanent injury or loss of a bodily function
- Scarring and disfigurement
- Death (of a loved one)
Under those conditions, you could sue the at-fault driver.
Ejection injuries are almost always categorized as catastrophic. Victims may suffer traumatic brain injuries, crushed bones, spinal cord injuries, or paralysis. Treatment may require multiple surgeries, prolonged hospitalization, and long-term rehabilitation. These costs can easily exceed PIP policy limits, making it essential to pursue a liability claim.
Additionally, psychological trauma following an ejection accident should not be overlooked. Victims often report post-traumatic stress disorder (PTSD), anxiety, depression, or sleep disturbances. Compensation for these emotional and psychological effects may be available through a personal injury lawsuit.
Damages You Can Collect Through a Car Accident Lawsuit
You may use your PIP coverage regardless of fault; however, as stated, it only provides a limited amount of benefits. A lawsuit, though, would allow you to seek more compensation and additional damages not included with your PIP, such as:
- Medical bills
- Pain and suffering
- Emotional distress
- Mental anguish
- Reduced quality of life
- Loss of enjoyment of life
- Lost income
- Property damage
A Fort Lauderdale personal injury lawyer with our law firm can review your case, investigate the accident, and determine your full range of damages. They can build your case and negotiate a settlement on your behalf.
You may also qualify to recover compensation for the loss of future earning capacity if your injuries prevent you from returning to your prior job or career path. In some cases, spouses or family members may file claims for loss of consortium, companionship, or household support due to the long-term impact of your injuries.
If the ejection was caused by extreme recklessness, such as a high-speed chase, drunk driving, or road rage, you may also be eligible to pursue punitive damages. These are designed to punish the at-fault party and deter similar behavior in the future.
Two Laws That Could Affect Your Case
Comparative negligence could limit the amount of compensation you receive for your accident. The insurance companies could argue that since you were not wearing your seat belt, your inaction contributed to the severity of your injuries.
You should also be aware of the statute of limitations concerning car accident lawsuits. You typically have a two-year window to file your personal injury lawsuit with the Broward County courthouse. If you miss the deadline, you could be responsible for covering your damages.
Our law firm can protect you from overzealous insurance companies and missing any important deadlines, but you must contact our office as soon as possible.
Under Florida’s modified comparative negligence system, if you are found more than 50% at fault for your injuries, you may be barred from recovering damages. The presence or absence of a seatbelt can play a significant role in determining fault allocation, but it is not the sole factor. Evidence of reckless or unlawful driving by the other party may outweigh your partial fault.
Gathering expert testimony, such as from accident reconstruction specialists or biomechanical engineers, can help prove that your injuries would have occurred regardless of seat belt use or that another factor, like a defective restraint, was to blame. Your legal team can also highlight whether you were in a rideshare vehicle, a public vehicle, or otherwise lacked control over the safety restraints.
Choose a Legal Team That Delivers Proven Results
At the Law Offices of Wolf & Pravato, we have experience helping victims of catastrophic accidents secure the justice they deserve. Our Fort Lauderdale car accident lawyers understand the medical and financial toll ejection injuries can take on your life and your family.
Our record of results includes:
- $5.25 million truck accident wrongful death
- $3.85 million in a rollover truck accident
- $2 million pedestrian injury claim
- $925,000 negligent security claim in Miami
Our team thoroughly investigates crash scenes, reviews vehicle crashworthiness, and preserves evidence like seat belt condition, door latch function, and window integrity. We also consult with medical and economic experts to assess the lifetime costs of your recovery.
We work on a contingency fee basis, so you pay nothing up front and only owe us if we recover compensation for you.
Call the Law Offices of Wolf & Pravato About Your Car Ejection Injuries
If you have suffered injuries in an accident where you were thrown from the car, our Fort Lauderdale car accident attorneys can help. We work on contingency, so you pay nothing unless we win. Call (954) 633-8270 today for a free case consultation.
