Miami Car Accident Attorneys
In the United States, individuals are held financially responsible for the consequence of what happens if they are involved in a car accident, including car damage, property damage, injury to drivers, passengers and fatalities. A car accident can occur when a vehicle collides with another vehicle, a pedestrian, motorcyclist, or cyclist.
Economic and pain and suffering damages can be extensive. Unfortunately Florida is not a mandatory Bodily Injury Liability Insurance state, and some drivers cannot meet the costs of a car accident. Let us investigate whether the at-fault driver had liability coverage or whether you have Uninsured Motorist Coverage.
If the accident is severe or causes fatalities, the victims may seek damages in civil court that can exceed the limits of insurance.
The at-fault driver may receive a traffic citation if the car accident was caused by
- Drug use
- Combination of alcohol, drugs and speeding
- Careless Driving
- Failure To Use Due Care
- Failure To Yield
- Improper Turn
However, evidence of the citation is not admissible in civil court, unless, the at-fault driver pleads guilty.
Personal Injury Protection Insurance
Personal Injury Protection (PIP) insurance is required in Florida and a minority of other States. It covers things like medical expenses, lost wages and other medical related damages.
It is sometimes known as “no-fault” coverage because it is designed to be used without regard to who is at fault and your insurance premium should not go up because of a PIP claim.
Minor Car Accidents
If no-one is permanently injured then you should turn to your Insurance Provider for compensation to recover the costs of car repair and lost income.
Florida Law instructs that you can only go beyond your No-fault Insurance to seek recovery for pain and suffering when it is deemed a permanent injury. It is then considered a serious and complex car accident.
Remain calm and do not discuss who is at fault. You will need to exchange personal information and insurance facts with the concerned parties.
Make sure to capture information about the other Party, their Insurance and their car. Think P.I.C.L. – Person, Insurance, Car & Location!
- Phone Number
- Name of the Insurance Company
- Policy Number
- Drivers license
- License plate number for the driver and the owner of the car.
- Establish the relationship between the insured name and driver.
- Write or record the car Year, Make Model color.
- Write or record the exact location of the collision.
- Write or record how the car accident happened.
Take Photos at the Scene of the Accident
Take as many photos as possible to show a complete 360 degree view of the car accident from all angles as evidence of the scene.
Witnesses are Important
Ask the witnesses to provide you with their name and contact information so that any follow-up questions can be answered.
Serious Car Accidents
If you think that your situation is more complex than a minor car accident or it is serious because of pain and suffering, then you should consider discussing your situation with an experienced attorney.
Complex situations can arise when your case does not fit the No-Fault guidelines or the accident report does not reflect your opinion and you want your case reviewed attorney.
A serious car accident exists if you have sustained permanent injuries as a result of the car. Some common examples of these injuries are
- Back and spine injury
- Cuts and abrasions
- Brain trauma
- Head injury
- Neck and whiplash injury
- Nerve Damage
- Broken bones
There are more than 200,000 car accidents in Florida each year of which more than 80 per cent required medical assistance.
If it can be proven that another party is responsible for your injuries then you may be entitled to compensation to cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of Enjoyment of Life
- Property damages
- Permanent disability or disfigurement
- Cost of hiring outside help
- Emotional distress and suffering
- Impact on your home life and relationships
- Any other costs that resulted because of your injuries
You Should Talk with an Attorney
You should discuss your case with an accident attorney to determine the best course of action.
Call our Miami law office at 305-372-0123 or toll free at 877-662-5399 to discuss how we can help you:
- Focus on your healing and recovery
- Recover costs for medical expenses and lost wages
- Continue to support your family
- Understand the State Law
- Negotiate with the Insurance Companies
- Expedite the settlement process
- Ensure that the process is handled correctly
- Seek damages for permanent injuries or fatalities
Things NOT To Do After a Car Accident
Never speak to an Insurance adjuster before speaking to a lawyer.
I know they seem nice on the phone, and they said they really want to help you. However, things you may not think are important, may hurt your case. For example, what if you hurt your back 6 years ago, and you hurt it again in a car accident. Your pain is a little different than the pain you felt before, but you are not sure how to describe it. The next thing you know, the insurance adjuster says your pain is the same, and you mistakenly agree. That happens more often than you think. That’s the reason Insurance companies want to speak with you before you hire a lawyer. I will never tell you to say something that isn’t true, I just want to make sure that I am there to help you answer any questions.
Never Say You’re Sorry
I know it sound’s terrible, but those words can come back to haunt you. You may want to say you’re sorry, just because the other driver may be injured and you feel bad. However, saying you’re sorry might be used to imply that you are at fault for causing the accident.
Never speak to a runner, clinic or lawyer that solicits you
Miami is rampant with PIP clinics and runners that solicit victims after Miami Car Accidents. Stay away from these people, as they will land you in the world of insurance fraud.
Never misrepresent your medical history or injuries to your doctor
Don’t be scared to tell your doctor about prior accidents or injuries. If you don’t share this information with your doctor, you may inhibit your doctor from making the correct diagnosis, and more importantly his opinions about your injuries will be subject to challenge.
Never lie to your lawyer
Don’t lie about how the accident happened, your injuries, or your prior medical history. This is one of the most important rules. You must trust the lawyer you hired. If you don’t trust your lawyer, get another lawyer who can help you with your car accident. In order to properly represent you, and get you the best possible recovery, your lawyer must know all the facts. and most importantly your lawyer needs to learn those facts from you, not from the insurance company. Rest assured the insurance company has resources, and will find out about every prior and/or subsequent claim you have. Thus, you must tell your lawyer in advance, so that your lawyer can secure all your medical records.
Never be afraid to ask your lawyer a questions
Ask questions about car accident laws, car accident injuries, insurance coverage, or the claims process. You should feel comfortable with your lawyer and your lawyers staff so that all your questions are answered to your satisfaction. Remember, we work for you!!!
Never Volunteer information
Specifically, when you speak to a police officer, only answer the questions which are asked of you. This does not mean do not cooperate, this means limit your answers to the specific question asked. For example, if the police officer asks where you were going, you can tell him you were heading to work , not I was heading to work and I was late because I stopped for coffee.
Never accept a settlement or sign a release before speaking to a lawyer.
Insurance companies want to settle cheap. Progressive insurance company is well known for this tactic. Progressive Insurance will call you right after an accident, and offer you a nominal sum of money. This may seem like a good deal, until you go to the doctor and find out you have a more serious injury than what you thought. Unfortunately, once you sign the release, it’s too late.
What Our Car Accident Clients Are Saying
I had never been involved in an accident or had any experience with attorneys. Several years ago, I had a car accident and retained the services of another attorney. For 2+ years I had no idea what was happening with my case. I then retained the services of attorney Mark Kaire. Not only was my case settled within a year, every time I called the office and spoke with either Tere or Liane, they not only answered my questions, but more importantly they listened. If you’re ever in a situation where you need a great attorney and need to be treated humanly, I strongly suggest you give them a call.
From the time that I knew this lawyer he has been excellent, hardworking, and completed my needs. I am very excited to work with him again.