Car Accident

A Case That Shows What Prior Injury Arguments Really Cost You

One of our clients was driving when another vehicle ran a red light and T-boned his car. The at-fault driver’s insurance company reviewed his medical history, identified prior injuries, and offered $55,000 — arguing those prior conditions were responsible for his current pain and limitations.

We disagreed. Our team built the medical evidence showing that the crash had directly exacerbated pre-existing conditions that had previously been managed and under control. The case resolved for $190,000 — nearly four times the insurer’s opening number.

This case is not unusual. It is, in fact, one of the most common strategies insurance adjusters use on Broward County car accident claims: find a prior injury, use it to reduce or deny the claim, and hope the victim accepts the lowball offer before they speak to an attorney.

$190,000 — T-bone collision. Insurer offered $55,000 citing prior injuries. We demonstrated the crash exacerbated those conditions and resolved for nearly 4x the initial offer.

Past results do not guarantee future outcomes. Every case is evaluated on its individual facts.

Broward County Car Accident Statistics — The Scope of the Problem

Broward County is one of the most dangerous counties in Florida for drivers. In 2023 alone, Broward reported 40,304 crashes resulting in 24,540 injuries and 219 fatalities — the second highest crash total in the state, behind only Miami-Dade. Fort Lauderdale’s dense surface streets, I-95 corridor, and high tourist traffic create conditions where accidents happen at all times of day and night.

Florida as a whole sees more than 400,000 crashes annually — approximately 1,000 per day. The sheer volume of accidents means that insurance companies have highly developed systems for processing and minimizing claims. Without an attorney who understands those systems, the odds are stacked against you.

Why Susan Brown Is a Different Kind of Car Accident Attorney

Most personal injury attorneys have only ever worked on one side of a car accident claim — the plaintiff’s side. Susan Brown worked on both sides before she ever set foot in a courtroom as a trial attorney.

Before law school, Susan worked as a bodily injury insurance adjuster. She evaluated claims, reviewed medical records, identified prior injuries, and developed the valuation arguments that insurers use to justify low offers. She then went to work for the state’s largest personal injury firm, where she saw exactly how those arguments could be countered — and she pursued her law degree to do that work herself.

When Susan takes on your car accident case, she is not guessing what the insurance company is going to argue. She already knows. And she begins building the counter-argument from the first day of your case.

Florida Car Accident Law — What You Need to Know

Florida’s No-Fault PIP System — The 14-Day Rule

Florida is a no-fault insurance state for car accidents. Every driver is required to carry Personal Injury Protection (PIP) coverage of at least $10,000. PIP covers 80% of your medical bills and 60% of lost wages up to that limit, regardless of who caused the accident.

There is a critical rule you must know: to access your PIP benefits, you must seek medical care within 14 days of the accident. Miss that window and you forfeit your right to PIP coverage entirely. Do not wait. See a doctor immediately, even if your injuries seem minor. Many serious conditions — whiplash, concussion, soft tissue damage — do not present full symptoms until days after a crash.

When Can You Step Outside of PIP?

Florida law allows car accident victims to step outside of the no-fault system and pursue a tort claim against the at-fault driver when injuries meet the serious injury threshold: significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. In many Broward County car accident cases, the injuries sustained — spinal injuries, traumatic brain injury, multiple fractures — meet this threshold, opening the door to full compensation beyond PIP limits.

Modified Comparative Negligence — Effective March 2023

Florida’s switch to a modified comparative negligence system in March 2023 means that if you are found more than 50% at fault for an accident, you cannot recover any damages. If partially at fault below that threshold, your recovery is reduced by your percentage of fault. Insurers aggressively use comparative fault arguments in car accident cases. Building the evidentiary record that defeats or minimizes your fault percentage is a core part of what we do from day one.

Statute of Limitations — Two Years

You have two years from the date of the accident to file a personal injury lawsuit in Florida. Missing this deadline eliminates your right to compensation permanently. Surveillance footage, witness recollections, and physical evidence all deteriorate quickly. Contact us as early as possible.

Common Causes of Car Accidents in Broward County

• Distracted driving — cell phones, navigation systems, passengers
• Rear-end collisions at traffic signals on US-1, Federal Highway, and I-95
• Red-light running — a leading cause of T-bone collisions
• Impaired driving — alcohol and drug-related crashes remain a significant issue in Broward
• Speeding and aggressive driving on I-595 and Florida’s Turnpike
• Failure to yield at merges and uncontrolled intersections
• Improper lane changes without signaling or mirror checks
• Weather-related crashes during sudden South Florida rainstorms

Types of Car Accident Injuries We Handle

• Traumatic brain injury (TBI) and concussion
• Spinal cord injuries — herniated discs, nerve damage, paralysis
• Whiplash and cervical spine injuries
• Broken bones — ribs, wrists, femur, collarbone
• Internal organ injuries
• Shoulder injuries from seatbelt loading during impact
• Psychological injuries — PTSD, anxiety, driving phobia following a severe crash
• Wrongful death — when a loved one does not survive

What Insurance Companies Do After a Florida Car Accident

Most people believe the insurance company assigned to their claim is working in their interest. It is not. The adjuster’s job is to resolve your claim for as little money as possible. Common tactics we see in Broward County car accident claims include:

• Requesting a recorded statement before you fully understand the extent of your injuries
• Using your own words from that statement to minimize your pain and suffering
• Making a fast lowball settlement offer before you have completed medical treatment
• Arguing prior injuries, pre-existing conditions, or comparative fault
• Disputing the medical necessity of your treatment
• Delaying the claim until you are financially pressured to settle

The moment you retain Florida Advocates, all communication with the insurance company goes through us. You will not be recorded, pressured, or misled. We handle the insurance company while you focus on your recovery.

Damages You Can Pursue After a Florida Car Accident

• Medical expenses — emergency care, surgery, physical therapy, and future treatment
• Lost wages and reduced future earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Vehicle repair or replacement
• Loss of consortium
• Wrongful death damages when a family member is killed

What to Do After a Car Accident in Florida

• Move to safety and call 911 — obtain an official police report
• Accept emergency medical treatment and see a doctor within 14 days to preserve PIP benefits
• Document the scene: photographs of vehicle positions, damage, road conditions, and injuries
• Get names and contact information for all witnesses
• Do not discuss fault at the scene — and do not apologize
• Do not give a recorded statement to any insurance adjuster before speaking with an attorney
• Do not accept any settlement offer before you understand the full extent of your injuries
• Contact Florida Advocates for a free consultation

About Attorney Susan Brown — Florida Advocates Personal Injury Lawyers

Susan Brown oversees the personal injury division at Florida Advocates. Before becoming an attorney, Susan worked as an insurance adjuster handling bodily injury and workers’ compensation claims. She was then recruited by the state’s largest personal injury firm — which is where she decided to pursue her law degree. That inside knowledge of how insurance companies evaluate, delay, and undervalue claims is what sets her apart from attorneys who have only ever worked on one side of a case.

Susan earned her J.D. with Honors from the University of Florida College of Law (1999), receiving the Book Award in Legal Drafting and a Trial Advocacy Scholarship. She is admitted to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida, and has argued and won cases before the Eleventh Circuit Court of Appeals. Susan is a member of the Million Dollar Advocates Forum — a designation reserved for attorneys who have achieved million-dollar-plus verdicts and settlements — and the Broward County Trial Lawyers Association.

Frequently Asked Questions — Florida Car Accident Claims

Serving Car Accident Victims Across South Florida

Florida Advocates Personal Injury Lawyers represents car accident victims throughout Broward County, Miami-Dade County, and Palm Beach County — including Fort Lauderdale, Dania Beach, Hollywood, Pembroke Pines, Coral Springs, Plantation, Hallandale Beach, Miramar, Weston, Pompano Beach, Boca Raton, and all surrounding communities.

Call us today for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?