Miami Car Accident Attorneys Providing Skilled And Caring Legal Guidance
In the United States, if a person causes a car accident, they will be held financially responsible for the losses that they caused. This may include damages such as property damage, past and future medical expenses, loss of earning capacity, and pain and suffering. Florida car accidents can happen in any number of ways, such as when a vehicle collides with another vehicle, strikes a pedestrian or cyclist, or even hits a motorcyclist.
If you or a loved one is a car accident victim in Miami, you may be entitled to both economic and noneconomic damages; in some cases, punitive damages may also be available. Unfortunately, the state of Florida does not require all drivers to purchase bodily injury liability insurance coverage. If the at-fault driver doesn’t have this type of insurance and cannot pay out of pocket for your losses, our team of car accident attorneys can work with you to file an uninsured or underinsured motorist accident claim against your own insurance.
How Our Miami Law Firm Can Help You
If you have been involved in a car accident in the Miami area, hiring an experienced attorney is the single most important step that you can take to protect your interests. While the insurance company may act like it wants to do right by you, the reality is that it is a business — and the adjuster’s job is to maximize profits. As your lawyers, our job is to help you get the money you deserve in several critical ways:
We Protect You From Unscrupulous Insurance Companies
In car accident cases, the at-fault driver will typically be represented by their insurance company. This can be daunting, as the insurance company has a team of lawyers and other experts who do this every day. They may use high-pressure tactics to attempt to get you to settle your case for far less than what it is worth.
Our firm is committed to aggressively advocating for each of our clients. We level the playing field by using our own skills and experience to force the insurance companies to negotiate a fair settlement. If they refuse, we will take the case to trial — where we have a proven track record of success.
We Investigate Your Case Thoroughly
We start by analyzing your case with fresh eyes. This includes a comprehensive investigation of the accident, which may involve consulting accident reconstruction experts, interviewing witnesses, reviewing surveillance videos and more. We use all of this information to get a better understanding of how the accident happened and to put together a strong case for damages.
We also use this time to identify any other parties who may be at fault in the accident, such as another driver, a government agency that failed to properly maintain a road or even a manufacturer that sold a defective car part. By pulling in all potentially liable parties, we maximize your chances of a complete recovery.
We Value Your Case Appropriately
If it were up to the insurance company, your case would be valued as low as possible — probably just enough to cover your basic medical expenses. But as anyone who has been in a car accident knows, you suffer far more than just what is shown in hospital bills. Lost wages, pain and suffering, and even lost earning capacity may all be considerations in your personal injury case. We consult with experts and use our own experience as personal injury attorneys to properly value your case. We make sure that any settlement or claim for damages provides for you now and in the future.
We Limit Your Liability, If Necessary
In Miami, as in Florida, your recovery may be limited if you are partially at fault for a motor vehicle accident. While you may still be entitled to damages, the amount you can recover will be reduced by the percentage of blame you are assigned. Our firm understands this principle – and works to limit the liability of our clients to maximize their recovery.
As part of our investigation into our clients’ claims, we thoroughly analyze how motor vehicle accidents occur. Based on the results of our investigation and our knowledge of Florida law, we will make both factual and legal arguments designed to limit your liability for the car accident.
Do You Know What To Do Following A Car Accident?
Obviously, your ability to react to a car crash will depend on how injured you are. If you are able, consider taking the following actions immediately after a crash:
Remain calm and do not discuss who is at fault. You will need to exchange personal information and insurance facts with the concerned parties. This will help you in the event that you need to file an insurance claim.
Make sure to capture information about the other party, their insurance and their car. Be sure to note:
- The other driver’s name
- Their address
- Their phone number
- Name of the other driver’s insurance company
- Policy number
- Driver’s license number
- The license plate number of the other vehicle
- If the driver does not own the car, establish a relationship between the insured and the driver
- Write or record the car year, make, model and color
- Write or record the exact location of the collision
- Write or record how the car accident happened
When gathering info, think PICL: person, insurance, car and location!
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. You may also take a video of the scene.
Witnesses Are Important
Ask the witnesses to the accident to provide you with their names and contact information so that any follow-up questions can be answered. These witness statements can be crucial in proving your Florida personal injury claim.
We Are A Valuable Resource After A Serious Car Accident
If you suffered significant injuries or your car accident was in some way complicated, then you should consider discussing your situation with an experienced Miami car accident attorney from our firm. Complex situations can arise when your case does not fit the no-fault guidelines under Florida law. It may also occur when the accident report does not reflect your opinion and you want your case reviewed by a lawyer.
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
Each year, there are more than 200,000 car accidents in Florida. More than 80% required medical assistance for accident victims. If you require medical treatment for your injuries, then you may have been involved in what is considered a “serious” car accident.
Answers To Common Car Accident Questions
Below, we’ve answered some of the most frequently asked questions clients bring to us. After reading, feel free to ask us your own questions during a free consultation.
How do Florida’s no-fault laws impact a car accident lawsuit?
Florida is one of several states that uses a no-fault car insurance system. This car insurance system is designed so that those involved in accidents are covered for their medical bills and other losses.
However, to receive compensation, you must first file a claim with your personal injury protection (PIP) coverage insurance company. They are in charge of covering your medical expenditures, missed income and other out-of-pocket expenses after an accident, no matter who was at fault. If your injuries are serious and your damages exceed coverage limits, you can file a lawsuit against the at-fault driver for additional compensation.
How much time do I have to file a lawsuit against the at-fault driver?
The Florida legal system has a “statute of limitations” that limits the amount of time you have to file an accident claim. Any car accident claims filed after the deadline will likely be dismissed by the court, with only rare exceptions.
In most instances, you have four years from the date of the incident to bring forward a car accident case in Florida’s court system. However, if there is a fatality, a lawsuit must be filed within two years.
Can I still sue the other driver even if I was partially at fault?
The answer is typical yes. When both parties are found to be at fault for an accident in Florida, the state applies a “pure comparative fault” rule.
The jury is usually asked to first determine the total amount of damages that would be awarded to the plaintiff (you). Then they would determine each party’s proportion of fault or blame. Under the pure comparative fault rule, the plaintiff’s compensation is proportionately lowered according to their percentage of fault.
Talk To Us About Your Accident For Free
The legal representation you choose may have a significant influence on the outcome of your case. Our Miami personal injury attorneys are knowledgeable about Florida car accident laws and will work diligently on your behalf you get you the desired results. We’ll fight for the compensation you’re owed. Call us now at 305-376-7860 or request a consultation online.