Car Accident Lawyer in Miami
Have you sustained injuries in an auto accident? Whether you were doing highway driving on I-95, taking a scenic route through the Everglades, or heading home on a smaller Miami neighborhood street, car accidents can lead to very serious personal injuries. According to the Florida Department of Highway Safety and Motor Vehicles, 281,340 traffic collisions were recorded in 2012. That number represents a 23.4% increase from 2011, in which 227,998 accidents were reported. Contact our experienced lawyers.
After a car accident, it is important to gather evidence and to find witnesses to the crash. Technology has provided us with substantially more information about auto accidents than in years past. Now, we can rely on Event Data Recorders (or Black Boxes), cell phones, and security cameras to determine what happened during a traffic collision.
A Miami car accident can happen almost anywhere, and it’s difficult to plan for an automobile crash or a dangerous truck accident. However, it is important to know that you do have rights, and if another driver’s negligence led to your injuries, you may be able to file a claim for financial compensation. You will need to have an experienced advocate on your side throughout this difficult process. At Pita Weber Del Prado, we know how devastating a Miami car accident can be. Do not hesitate to contact our office to speak with an auto accident lawyer serving Miami.
Why You Should Work with a Lawyer
Many people hesitate to contact a Miami car accident lawyer after a car accident, wondering whether or not working with an attorney is really necessary. While you have no legal obligation to contact a lawyer, doing so can improve your chances of recovering the maximum amount of money that you are owed, and can also provide you with a sense of confidence and comfort throughout the process. Here are some important ways that our Miami car crash attorney helps you after a car accident:
- Investigating your accident. Fault in a crash is not always clear, and even when it is, the right evidence must be collected to prove it. Fault, or negligence, can have a big impact on the amount of money that you receive in a settlement offer, and unless you prove the negligence of the other driver (or other at-fault party), you may be unable to recover compensation at all. The investigation starts as soon as we learn around your accident, collecting all evidence. This includes physical evidence, pictures of the accident scene, police reports, video footage, witness statements, and more.
- Filing your claim. Filing can be confusing. You may not know how to file your claim after an accident, or against whom. This is especially true if the accident was caused by a party other than another driver, such as the manufacturer of a defective auto part. Our Miami car accident attorneys help you file your claim against the appropriate party in a timely manner.
- Proving damages. If you are injured in a crash and suffer losses, you may assume that the insurance adjuster responsible for processing your claim will recognize this and you’ll be compensated. Unfortunately, you will need to prove the full extent of your losses in order to recover any compensation. Our Miami car crash attorneys can assist you in gathering medical bills, working with experts, and proving damages.
- Negotiating for a fair settlement offer. Often, insurance adjusters offer claimants less than they deserve, hoping that the claimant will take the money in desperation and frustration. When your settlement offer does not address the full amount of damages you have suffered, we will aggressively negotiate for a more suitable settlement amount.
- Taking your claim to court. When a settlement cannot be reached, our Miami car accident attorneys will be prepared to take your case to court.
Types of Car Accident Claims
Most car accidents happen because of negligence, which is the failure to exercise a certain level of caution while operating a vehicle. The Miami car crash attorneys, along with your insurance company, will conduct a preliminary investigation to identify whether you were negligent or not.
To have the best chances of winning the case, the experienced Miami car accident attorneys must prove that the defendant’s negligence caused the accident. Some examples are negligent drivers, reckless drivers, intoxicated drivers, passengers, pedestrians, and those who text and drive.
If your vehicle, or the defendant’s vehicle had a defect contributed to the accident, the injured party may have a claim against the manufacturer of the vehicle or one of its many parts. If the vehicle had a faulty manufacturing issue, the manufacturer can be held responsible regardless of who was actually at fault for the accident.
The Miami auto accident attorneys must prove that you were not at fault for the accident, and that the defect happened due to the manufacturing process. Usually they bring in expert testimony and analysis as evidence to prove that the defect caused or contributed to the accident. Successful lawsuits will require the plaintiff to show:
- The defective car or part was “unreasonably dangerous”
- The vehicle was being operated safely
- The vehicle’s performance had not changed since purchase
Then there’s faulty construction, design, or maintenance of roads. This can contribute to car crashes and have nothing to do with the drivers. This type of claim will prove the plaintiff and defendant not guilty due to circumstances beyond their control.
Types of Car Accident Injuries and Compensation You May Be Entitled To
The extent and severity of injuries suffered will be different with each distinct case. In some cases, treatment for injuries will not be covered by insurance. The Miami auto accident attorneys help cover costs of injuries that include:
- Paralysis
- Burns and scars
- Loss of limbs
- Spinal cord injuries
- Head injuries
- Joint, muscle, back, neck, and bone injuries
- Knee damage
- Whiplash
- Permanent disability
If you are seeking further compensation for damages, your attorney will approach the negligent party’s insurance company in an attempt to recover compensation to cover your remaining costs. Your claim will be submitted for approval to the insurance company, which will have led an investigation of its own.
The success of your claim will likely depend on the ability of your attorney to collect, analyze, and present evidence. It can be particularly challenging considering the opposing insurance company will clearly want to minimize their disbursement.
Providing your attorney with as much information as possible can help your odds of winning the case. If your attorney and the insurance company cannot agree on a settlement, often the case may proceed to trial.
In addition to these, our experienced Miami car accident attorneys can help you obtain compensation for the following:
- Medical expenses
- Future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages
- Wrongful death
Lawyers Assist with Wrongful Death Claims
If you have lost a loved one in a car crash, you can file a wrongful death lawsuit. In these cases, the family or survivors of the victim must prove that their loved one was killed as a result of another’s negligence. You can gain economic, non-economic, and punitive damages.
Car Accident Statistics
How often do auto accidents take place in the Miami area? According to the Miami-Dade County Health Department, 164 traffic-related accidents occurred in Miami between 2005-2007. Of those crashes, pedestrian deaths occurred most frequently (coming in at 44% of all recorded fatalities), with vehicles occupant deaths coming in at a close second (at 40% of all recorded fatalities).
What causes Miami auto accidents? Based on data collected by the Miami-Dade County Health Department, the following causes of vehicular deaths tend to be the most common:
- Violating right-of-way laws
- Failure to obey traffic signals and signs, including failure to stop at a red light or a stop sign
- Reckless or careless driving
- Speeding
Filing a Car Accident Claim
After you’ve sustained injuries in a Miami auto accident or truck accident, it is important to seek advice from an experienced Miami auto accident lawyer. The sooner you file a lawsuit, the sooner you’ll be eligible for compensation.
Each state has its own statute that governs how long you’ll have to file a claim from the time of your accident. If you have sustained serious injuries in a Miami truck accident or an automobile crash, Florida law stipulates that you have 4 years from the date of the accident to file your initial complaint.
Compensation for a Auto Accident
Many car accident victims want to know what type of compensation they might be eligible to receive. In general, accident victims can be eligible for compensatory damages, which are intended to compensate you for your losses. These take two different forms:
- Economic damages: this type of damages is based on a specific monetary loss, such as the exact cost of hospital or medical bills, or lost wages when a serious injury prevents you from working.
- Non-economic damages: this type of damages is not based on a specific monetary amount, and non-economic damages are difficult to calculate objectively. For instance, non-economic damages include compensation for such experiences as pain and suffering or the loss of enjoyment of life.
In some cases where the at-fault driver was particularly reckless, you may be able to recover punitive damages. Punitive damages, or exemplary damages, aren’t intended to compensate a victim for a loss. Instead, they’re meant to punish a negligent driver’s especially bad behavior and to deter other drivers from similar actions.
Every auto accident and situation is unique, and the compensation, the amount you may receive, depends on various factors specific to your case. In Miami, we handle all types of different cases, and they vary from client to client.
If you’ve been injured in Miami in an Auto Accident but haven’t sustained a “severe” injury, as defined by Florida law, you have the option to file a personal injury protection (PIP) claim immediately. Under Florida’s no-fault insurance system, PIP provides compensation for specific damages incurred after an auto accident in Miami, regardless of fault. However, its important to note that PIP coverage may not cover the entirety of your damages to your auto / vehicles. Based on our extensive experience handling this auto crash accidents, It typically includes:
- Up to 80% of your medical expenses
- Up to 60% of your lost wages/income
- Certain additional out-of-pocket expenses (as a service to our clients, we usually highlight an approved or acceptable list that we have found is accepted under this criteria, but you will need to speak directly to your auto accident lawyer)
Unbeknownst to many, it’s important to note that PIP doesn’t compensate for non-economic damage like pain and suffering. In legal cases in Florida, “pain and suffering” refers to the physical and emotional distress experienced by an individual as a result of an injury caused by another party’s negligence or wrongful conduct. This term encompasses a wide range of negative effects, including physical pain, mental anguish, emotional distress, loss of enjoyment of life, and inconvenience. Due to the sensitive nature of this area of law, it is advisable to speak to your auto accident attorney to further explain.
When presenting a case involving pain and suffering in Florida, attorneys typically seek to demonstrate the impact of the injury on the victim’s quality of life, daily activities, relationships, and overall well-being. This may involve but is not limited to providing evidence such as medical records, expert testimony, witness statements, and personal accounts to illustrate the extent of the suffering endured by the injured party.
In legal proceedings, compensation for pain and suffering is often sought as part of a broader claim for damages, which may also include medical expenses, lost wages, and other economic losses. Florida law allows injured individuals to pursue compensation for pain and suffering in personal injury cases, subject to certain legal requirements and limitations.
Additionally, and just as important, if your injury doesn’t meet the criteria for an “emergency medical condition” (EMC), you may only receive up to $2,500 in compensation through your PIP coverage. Again, we suggest that you speak to your accident lawyer to get additional information.
One important fact you don’t want to ignore: If your auto accident injury meets Florida’s serious injury threshold or criteria, you have the option to pursue compensation beyond the no-fault system. This may involve filing a claim against the other driver’s insurance company or pursuing a personal injury lawsuit directly against the liable party.
Given the complexity of these rules, it’s advisable to consult with a car accident lawyer in Miami to understand the potential value of your lawsuit and claim. At PWD Law Firm, our attorneys can assess your case and explain the types of compensation you may be entitled to under the law, share our past experiences with other clients and their results and include a monetary and non-monetary loss assessment. For instance, if you’ve suffered a life-altering injury such as limb loss, you may experience both emotional trauma and significant financial repercussions for your loss and get the compensation you deserve.
Don’t Know About The 14 Day Rule? It’s Important!
In Florida, the 14-day rule stipulates that if you’re injured in a traffic accident due to another driver’s negligence, you must seek medical treatment within 14 days to be eligible for compensation. This means you must seek out medical treatment or attention from a licensed physician or hospital and ensure that you are screened and observed for the impact of an auto accident.
Failure to adhere to this rule may result in your auto insurance company not being obligated to compensate you through your PIP coverage. Additionally, it may hinder your ability to pursue a third-party personal injury claim or lawsuit without sufficient evidence of your injury. Evidence that a physician attended to you medical needs and documented your accident and the after effects is critical first and foremost to your health but just as importantly in the event you decide to pursue compensation.
A thorough investigation of the accident is crucial to determine liability and ensure you receive the compensation you deserve. It’s essential not to negotiate with an auto insurance company independently, as your health and future are too valuable to risk.
For expert legal guidance and representation following a car accident, contact PWD Law Firm at 305-670-2889. Our team is dedicated to protecting your rights and securing the compensation you deserve.
Car Accident Facts and Questions
Can I sue the driver of the car I was riding in if I was injured in a Florida car accident?
Do I need to call the police if I have a car accident in Florida?
Do I need to contact my insurance company about my Florida car accident?
Should I go to the doctor after my Florida car accident?
Can I handle my Florida auto accident case without an attorney?
Can I receive money even if the Florida car accident was my fault?
Contact a Lawyer
Have you sustained injuries in a Miami auto accident? Depending on the details of your accident, it will be important to speak with a Miami truck accident lawyer or a Miami car accident lawyer. At Pita Weber Del Prado, we have significant experience handling auto accident cases and can discuss yours with you today.
