Car Accident Attorney Serving Victims Since 1981

                       Call (954) 961-6200 for a Free Consultation

There are more than 2,000 traffic fatalities reported in the State of Florida every single year. These traffic fatalities take the lives of children, parents, siblings, the elderly, and more; they are not picky in their victims.

Perhaps most tragic is the fact that the vast majority of all car accidents that occur are entirely preventable, and would not occur but for human error. If drivers operated their vehicles more safely, the lives of hundreds of people could be saved every single year. When you are involved in a car accident in Florida, the team at the Law Offices of Alex T. Barak, P.A. has the resources you need to recover the compensation you deserve. Our experienced car accident attorney can help you today.

 

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Who Pays After a Car Accident in Florida

The most common question that those who have been involved in a car accident have is, “Who will pay for damages?” The answer is that it depends. Florida is a no-fault car insurance state, meaning that in most car accidents, each driver is responsible for filing a claim with their own insurance company regardless of fault for payment of medical bills, up to $10,000.00 in coverage.

Damages that Are Recoverable in a Car Accident Claim or Lawsuit

Whether you are filing a claim with your car insurance company or a lawsuit directly against the other driver, it is important that you understand what damages you are entitled to. Available damages include total economic loss, including costs of medical bills, lost wages, and property damage; as well as value of non-economic losses, such as pain and suffering.

Further, it is also important to understand that an insurance adjuster will not pay a private person unrepresented by an attorney top dollar. It will try to offer you the lowest settlement amount. that You must be armed with an experienced aggressive attorney to fight for your damages and compensation.

The Importance of Hiring a Florida Car Accident Attorney

A car accident lawyer in Florida is an essential asset after you have been in a car accident. Your attorney can aid you in:

  • Gathering evidence;
  • Proving fault;
  • Filing your claim;
  • Filing your lawsuit;
  • Negotiating for an excellent settlement amount;
  • Organizing medical evidence;
  • Recruiting experts;
  • Talking to eyewitnesses; and
  • Recovering the maximum amount of damages possible.

An attorney can further guide you in terms of operating within the parameters of the law. For example, all car accident lawsuits in Florida must be filed within four years from the date the accident occurred.

Accident Victims Seeking Justice, Call 954-961-6200 For A Free Consultation

Accidents victims need an experienced Hollywood, Weston & Aventura personal injury attorney to guide them through their traumatic and difficult times and to deliver to them their full benefits of compensation in accordance with Florida Law. Alex Barak serves Hollywood, Weston, Davie, Fort Lauderdale, all of Broward County, Aventura, Sunny Isles Beach, North Miami Beach and Miami Beach & Bal Harbour. After an accident or negligence due to another’s fault, attorney Alex T. Barak, who fights for clients’ rights all over the South Florida landscape, will work closely and personally with you to maximize your monetary damages and legal entitlements. We have been successfully handling accident cases in Florida since 1981. Contact Hollywood car accident attorney, Alex T. Barak. See an article from Alex T. Barak in the Fort Lauderdale Sun Sentinel Newspaper.

Why You Should Hire Alex Barak For Your Accident Case

accident1Alex Barak has been a licensed and practicing personal injury law since 1981 and has learned and has experience in virtually in any type of negligence or accident case that can exist and he will put his over 34 years of experience behind you in your personal injury case.

In 1983, he won his first appeal in an accident case, reversing a Broward County, Florida judge. In 1990, he won a landmark case on appeal in The Florida Supreme Court. It was an accident case in which a ten-year old boy was seriously injured. It concerned he legal doctrine of “Attractive Nuisance,” which is  a special rule of law to protect children. In 2001, he won another important case in the Florida Supreme Court, representing a judge from Miami who was illegally removed from the voters’ ballot in Broward County, Florida. He was active co-counsel in a medical malpractice and wrongful death litigation case which resulted in a $9.1 million settlement. He uncovered the fraud of taxi companies with illegitimate automobile insurance and forced the State of Florida, Department of Insurance, Fraud Division in 1998 to take strong action which has benefited the public, especially those who were injured accident victims.

Mr. Barak handles accident and negligence cases state-wide. He is a member of the Florida Bar, the Broward County Bar Association, and the South Broward Bar Association; he is also admitted and qualified attorney for the United States District Court, Southern District of Florida, Federal Court.

Successfully Handling Accident Cases In Florida Since 1981

Whether your accident is caused by a motor vehicle, boat, truck or property owners, all kinds of incidents where one is injured through the negligence of another, that is what makes a personal injury case. You will receive personalized attention and you will be kept informed every step of the way, which will greatly reduce your stress as an accident victim. Most larger firms assign their cases to new attorneys or to paralegals and the attorney is no longer involved with the on-going relationship with the client.  With Alex Barak, you will always have someone to talk to about your case.

Alex Barak has handled accident cases from every aspect, from taking photographs at accident scenes, to interviewing witnesses, and discussing the case with the doctors and experts needed to win the case, as well as legally fighting it out in the Courthouse, on appeal, all the way to the Florida Supreme Court. Put his experience behind your case.

Why Does Alex Barak Handle Accident Cases?

When he was 21 years old and a college student journalist, a limousine went through a red light and struck his first owned car and caused it to be a total loss. Even though the driver admitted his fault to him and to the police and even though there was an eyewitness to the collision, the insurance company for the at-fault party refused to offer more than 50% value of the  total loss car. Mr. Barak was struck by the dishonesty of the insurance company and he would not back down. He sued the limousine company in Court and forced it to pay him full value for the car. The Judge commented to young Mr. Barak: ” You handled yourself very well young man. You should go to law school.” He responded: “I will.” The rest is history. He has dedicated his career to helping accident victims.

Alex Barak has 34 years of experience. He is extremely detailed oriented and is always providing personalized service to his clients in explaining all steps and strategies in the case.  He is the  “hands on” attorney who will guide you through your troubles and he has vast knowledge on the medical issues which you face and has a deep understanding of physical injuries, trauma, their affect on the human body, how physical therapy and medication work with the body, the significance of radiological and MRI findings. All of this knowledge and experience will help you understand your case even more and lead to success. Alex Barak will fight for your justice to the end, when you receive maximum compensation.   No stone will be left unturned. It is noteworthy that Mr. Barak by the zodiac sign is a Taurus, which has been described as productive, methodical, organized, trustworthy, loyal, thorough, patient, persistent, resourceful and dependable. An attorney with these attributes is exactly what you need and deserve!

Handling Your Accident Case

When a person is injured in an accident as someone else’s fault, it is most important to document the incident or accident immediately.  If it is a motor vehicle accident, the police should be called and a report be made. In other locations, make sure a report is made and you obtain a copy of it at the scene. Take names  and telephone numbers of witnesses.

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The accident victim should try to take pictures of the damage to his/her vehicle and to the opposing vehicle and to obtain information about the at-fault driver or drivers.  Taking photographs of the tag of the other vehicle(s) responsible for the accident is important.  Getting the police officer’s name and case number is also vital. If the injury is from some other form of negligence that can be seen, take as many photographs as possible to document the condition. If the person is injured at the scene of the accident, often times an ambulance or fire rescue will come to the scene and the person can be taken to the local emergency room.  The car then will be towed away. In Florida, a car accident injured  person must have medical treatment within 14 days of an accident or they will not be able to make a Personal Injury Protection claim under the automobile policy. If you are involved in a motor vehicle accident, you must report it as soon as possible to your insurance carrier and you need to obtain claim numbers for the damages to your car as well as your Personal Injuries Protection (PIP) claim number. 

 You Need To Hire An Experienced Hollywood and Florida Personal Injury Attorney As Soon As Possible To Protect Your Rights

If you do not, the insurance companies can take advantage of you and you also may lose out on documenting important matters in your case. Attorneys handle accident cases without any money up front from the client. The cases are based upon a percentage of the recovery, for your injuries, pain and suffering and out of pocket medical expenses,  called a contingency fee. The attorney pays all costs and if he cannot recover money for you, he gets paid nothing. In car accident cases, his services which are included are: helping you get your vehicle repaired, reimbursement for towing and storage, repairs, car rental, loss of residual value to your vehicle, total loss payoff, if applicable, processing the payment of your medical bills.

Auto Accident Medical Treatment

The best type of doctor that treat you for injuries related to an accident would be an orthopedic  medical doctor.  This is the highest level of a health care provider to treat you for your injuries and if any other specialist is needed, this doctor will refer you to them, such a neurologist, neurosurgeon.   Although chiropractors have very convenient hours and provide modern physical therapy, there not medical doctors and have an abysmal record in the court systems of Florida.  Insurance carriers and jurors tend not to believe chiropractors and in a case involving chiropractic-only treatment, unfortunately, it has very low value compared to treatment by a reputable orthopedic medical doctor. While being treated by an Orthopedic medical doctor, a patient often is referred to have a Magnetic Resonance Imaging (MRI) examination.  This device can see soft tissues in the body such as disc in the spine, ligaments, nerves, tendons that X-rays do not show.  X-rays generally show bones, and the MRI examinations are very important part of a personal injury claim. Is very important that every accident victim go to an MRI center which has reputable high credentialed radiologist.  They are many of them throughout South Florida. A typical accident victim who results in permanent injuries will be treated by an orthopedic doctor anywhere from three to six months until the person reaches maximum medical improvement and the doctor will provide a final evaluation and released the patient from further care except for any flare ups and/or to come back on as needed basis.

Car Insurance and Bodily Injury Liability Coverage

A person’s motor vehicle or car insurance is mandatory to be presented for insurance for hospital and medical bills arising out of the motor vehicle accident.  The Personal Injury Protection (PIP) section of the car insurance policy pays 80% of medical and hospital bills and 60% of lost wages.   There is a special chart which limits the amount each health care provider can charge for each particular medical service and there is a 25% discount on all hospital bills which involve motor vehicle accident injuries and treatment. Personal Injury Protection (PIP) is limited to $10,00.00 unless a person obtains a supplemental coverage called “Medical Payments.” If you have an accident case and your medical bills are so large that your $10,000.00 in benefits are used up, and you a claim against an at-fault party with bodily Injury liability coverage, the doctors and health care providers will wait until the end of your case to be paid, knowing you  and your attorney will settle up at the end. In order for an attorney to handle an personal injury case involving a motor vehicle accident, or any other type of accident case, there must be insurance in place.  The at-fault party should have bodily injury liability coverage and/or the accident victim needs to have his/her own car insurance with PIP as mentioned above, as well as Uninsured Motorist (UM) coverage, which protects you in the event an at-fault party in a motor vehicle accident causes you permanent injuries and does not carry liability insurance for this.  Therefore, if you carry uninsured motorist coverage which should be mandatory in the state, then you have additional coverage for your injuries on that occasion.

Today, too many car insurance companies in trying to sell policies  at lower and lower prices encourage people to reject Uninsured Motorist coverage. This is a  big mistake.  Uninsured Motorist (UM) coverage is absolutely vital to every person’s insurance policy. When buying car insurance, it is important to buy from a major company and not from a substandard company.  Do not buy any car insurance until you have asked what is the rating of the insurance company. Obviously, companies such as State Farm, Hartford, Geico, Travelers, USAA, Liberty Mutual, and Progressive are name brand companies that are not the subject of these comments.  However too many of the others that are sold here in South Florida are considered sub-standard and provide the worst service, the worse coverage, and the policies are not worth the paper they are written on. In non-motor vehicle accidents, such as a trip and fall, or active negligence by a store employee, or premises which have defects in their structure, the attorney still must find available liability insurance on the part of the at-fault party.

 BIBLICAL SOURCE OF COMPENSATION

Exodus 21:24-25: ” an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot, burn for a burn, a wound for a wound, a bruise for a bruise.”

This was not meant to be literal, but monetary compensation had to be paid by the negligent party who caused another person to lose an eye, a tooth, hand, foot or whom was burned. This system of civil compensation to accident victims has been passed through several thousands of  years of development, but it still comes from the BIBLE.

While on the subject of the Bible, always remember: “Justice, Justice You Shall PursueDeuteronomy 16:20

HOW THE ATTORNEY MAKES A CLAIM FOR YOUR COMPENSATION

After the doctor concludes your medical treatment, he sends his/her report, records, and bills to the attorney and your attorney then organizes all the medical records from the case including any and all hospital records, MRI reports, fire rescue records, and will make a demand to the at-fault Insurance company to make a lump sum payment on your behalf.  If the negotiations fail to result in adequate offer, the attorney needs to file a lawsuit against the at-fault party(s).  Personal Injury litigation, which mean lawsuits over accident injury cases,  can take from six month to two years to reached the conclusion.  The court systems will tell you that at least 98% of all lawsuits filed do not go to trial because they are settled at some point.

There is a condition of going a requesting a trial; the Court orders the parties to go to Mediation, which is a settlement conference.  A professional mediator, an attorney who also may be a retired judge, will sit with both sides and try to work out a fair and reasonable settlement between the parties.

Many insurance companies refuse to pay fair values until your case is set for trial and you are very close to trial.  Others may try to settle the case earlier, depending on its corporate policy.

Oftentimes injuries are worth more than the policy limits which are available and the injured party receives some compensation, but not full value for their injuries.  That is why many people purchase large limits of uninsured motorist coverage so in the event he/she are in a serious car accident and sustains significant permanent injuries, they will have enough insurance coverage to pay for proper compensation.

A person injured in an accident of any kind must seek medical attention immediately. It must be documented, the earlier the better. Every day delayed results in an increased  disbelief in your claim.

YOUR OPPONENT TO YOUR PERSONAL INJURY CLAIM

Accident victims in the state of Florida face a very formidable foe:  the insurance industry, which is bent on defeating every legitimate claim through delays, deception, at times dishonesty, and by the use of medical doctors who sell their souls to the insurance companies and/or fabricate results of medical examinations performed on accident victims.

Alex Barak has been an innovator in fighting for and defending accident victims’ rights.

Through his well connected network of attorneys and friendships with those on the defense side who have provided him with defense strategies that are employed against accident victims, Alex Barak has a wider insight to strategies which can better serve you.

Alex Barak was the first or one of the first attorneys in Broward County to accompany his clients with a Court Reporter to the required defense medical doctor examinations in lawsuits involving personal injuries.   He was not aware of any single attorney who would go with his client to the examination.  The purpose of the attorney appearing in the examination is to monitor what the doctor does during the examination, take notes what is doing, and to report any abuses and dishonesty by the defense doctors, which is quite often.

If an accident victim files a lawsuit, the defense has the legal right to have the injured claimant examined by a doctor of its own selection, and they always select an orthopedic medical doctor with academy award acting skills who may and will minimize the extent of the injuries or state there is no permanent injury that is related to the subject accident.  They also have a habit of stating there is a pre-existing condition causing pain and discomfort, rather than the recent accident.

Often times, defense doctors will write a report completely inconsistent with the examination.  For example, a doctor may take the examinee, the accident victim, and ask him/her to lay down on the table and to raise the right leg straight up and to report if there is any pain.  Alex Barak has eye-witnessed doctors reporting the opposite of what the client has stated. In addition, Alex Barak brings a court reporter who documents the answers of the accident victim in response to oral questions by the defense doctor and comments about pain during a physical examination. Incredibly, the defense doctors seem not to care they are documented as writing in their reports the opposite of what happened during the examination.

Mr. Barak has seen defense doctors with magician-like  hands touch four to six areas around the neck and the head without asking the accident victim if she/he had any pain and the doctor reports in his results that the patient, the examinee, had no complaints.  Some defense doctors have employed tricks and dishonesty during these types of examinations to come to the most frequent conclusions that the injured party is not permanently injured or the pain and suffering is from pre-existing condition.

Medical doctors in the State of Florida are not being disciplined for lying for insurance companies during these types of examinations.  If an attorney will engage in a Court case with the level of dishonesty seen by these defense doctors, those attorneys will be disciplined and can lose their license.  But medical doctors appear to be able to continue their abuses of the legal system with their dishonest reports.

Defense doctors are all after easy money and they know that if they report someone is  permanently  injured, the insurance company will no longer use them. The financial incentive is for each doctor to be dishonest with his findings and to minimize or eliminate any finding of a permanent and significant injury to the claimant, you the accident victim.

Alex Barak’s strategy to document the defense medical examinations with a Court Reporter has in many cases resulted in transcripts which prove the doctor has engaged in dishonesty and outright lying about the examination.  This boosts the strength of your case.

You must have an experienced attorney to protect your rights when facing the giant insurance industry, someone who knows what the other side is doing, someone who has a winning formula, and someone who will fight for your justice!

Contact Our Experienced Hollywood Car Accident Attorney 

We want to help you after you have been injured in a car accident or lost a loved one. To schedule a free case consultation with our experienced Florida car accident attorney at the Law Offices of Alex T. Barak, P.A. where we can discuss your case and your options in more detail, call us now at 954-961-6200.

Call (954) 961-6200 for a Free Consultation

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