Miami Car Accident Lawyer
Miami and much of Florida is often rainy, busy, and full of drivers new to the area. Unfortunately, that means an increased potential for car crashes and personal injury.
If you’ve been injured in a car accident, a Miami car accident lawyer can be a crucial asset to holding the at-fault party accountable and recovering the funds you need to pay for your injuries and property damage. At Fischer Redavid PLLC, our lawyers are singularly focused on helping you, the victim, put the pieces of your life back together after a devastating car accident. Our lawyers will work tirelessly on your behalf to recover the compensation you require.
When you’re hurt in a severe car accident, don’t wait to act on your claim. Call your Miami car accident attorney for help holding the responsible party accountable for causing your accident.
Common Injuries in Miami Car Accidents
It’s not common that someone walks away from a car, motorcycle, or truck accident scene without injuries. Chances are good that you suffered some injuries that could affect the rest of your life. How do you put a dollar amount on what it would take to compensate that kind of trauma?
First, account for your medical costs, which will likely be astronomical. Visit your doctor immediately after the motor vehicle accident, even if you feel fine, as there might be undetected personal injuries that require medical care. Insurance companies may claim you couldn’t have been injured in the accident if you didn’t seek help, which indicates that you’re trying to commit fraud. The medical report will serve as evidence to ensure they rightly compensate you.
The following are some common car accident injury types that can be included in an injury claim with help from our legal consultants:
Identifying the Party Liable for the Accident
When you’ve been injured in a car accident in Miami, identifying who’s responsible financially for your motor vehicle accident may not be as straightforward as you think. For example, it seems like the fault should be on the other vehicle’s driver, right? But, they aren’t always liable for the accident.
For example, let’s say the other car hit a deep pothole and lost control. Although they did hit you, they didn’t cause the accident. The Florida Department of Transportation may instead be named the liable party for not fixing the pothole in a reasonable time.
Identifying the at-fault party may take more time than you realize, which gives you less time build a strong claim. Luckily, your lawyers can represent you and help you determine who’s liable for the accident. Our car accident attorneys will handle the more complex parts of your claim while you focus on recovery.
Should I Talk to My Auto Insurance Company?
You pay into a monthly insurance policy for times like this, right? You trust your insurance company to do right by you when disaster strikes. When the adjuster offers you a settlement, it probably sounds like a lot of money. You’re eager to accept and put this stressful situation behind you. That could be a mistake after a serious motor vehicle accident.
Consumer insurance is a for-profit industry, which means it doesn’t benefit a company to pay out on a claim. Naturally, the insurer will do whatever it takes to minimize your settlement, as it’s within their interests to do so. That often means offering lowball settlements to unsuspecting accident victims.
At Fischer Redavid PLLC, our team of lawyers represent Miami car accident victims and ensure they aren’t cheated out of the funds they need for recovery. That’s why we’re prepared to fight the insurance company when it tries to lowball the compensation for your injuries.
You should receive the full amount for your compensation, not a portion of it, so don’t take the first settlement offer your insurance company gives—it may not be a fair one. Instead, talk to your lawyer about the maximum compensation you’re eligible for and how we can help.
How Fault Can Affect Your Accident Claim in Miami
Unfortunately, both insurance company and liable party won’t want to pay for your financial recovery. That would affect their finances. You can expect them to fight back. They’ll probably have an opposing lawyer’s help, too.
If they have any evidence that you were even partially liable for the accident, they may use that against you to pay less or even nothing for your injuries. For example, they may claim you were texting while driving your vehicle. Although you may not have actually caused the accident, they may claim you could have avoided the car accident if you had been paying attention.
Because of Florida fault and negligence laws, your compensation could be decreased by your percentage of fault. If you’re not prepared to defend against accusations of fault, your compensation and your legal rights could be at risk.
Free Consultation with a Car Accident Attorney
When you’re hurt in a car accident, it’s easy to feel as though you don’t have anyone on your side. Your Miami insurance company may have already refused your settlement or offered you an insultingly low settlement. Worse, you may be worried that you don’t have the time or resources to file a lawsuit and fight for your compensation.
At Fischer Redavid PLLC, our car accident lawyers understand that following up the worst experience of your life with a lawsuit is a difficult task, and it’s one you may not be up for doing alone. You need someone with experience, knowledge, and resources on your side to represent you. From drunk driving accidents to a collision with a distracted driver, we’re here for you.
Our law firm offers free consultations to every client, so you have a chance to talk to us about your accident claim and your injuries before making a commitment.
When you’re ready to talk to a Miami car accident lawyer, give us a call at (954) 800-2155 or complete the online contact form on this page.
Compensation for Miami Car Accidents
When you’re hurt in a Miami car accident, your compensation can make your physical recovery possible. Without that compensation, you could be left in severe medical debt and without a reliable form of transportation. Part of the car accident claim process is calculating the monetary value of your injuries and losses. This is what you and your attorney will demand from the at-fault party.
You should receive compensation for both your financial losses and the emotional and mental toll of a car accident. These are categorized as economic or non-economic damages.
When you’re hurt in a car accident, your economic damages include any expenses that arise from that accident. You may already be concerned about some of those expenses and medical bills. Getting damage done to vehicles repaired isn’t inexpensive. Neither is an ambulance ride, and you may already have missed work to get medical treatment for your injuries.
Typically, you already have the bills and expenses for these damages. It may seem like all you need to do is to add them up. However, it’s not always that simple. For example, you may need to miss work due to a planned surgery that won’t happen for months. In these cases, you and your lawyer may work to put a precise number to your claim by estimating your future expenses and lost wages, as well as current ones.
Your financial costs aren’t the only expenses that arise from a Miami car accident, though. Many car accident victims don’t realize they have the opportunity to seek compensation for their intangible losses that affect their mental and emotional well-being. These losses should cover the pain and suffering you’ve experienced, such as emotional trauma and lost life enjoyment.
These damages can be hard to calculate because they don’t have a set value like your other expenses, which means insurance companies often neglect or refuse to pay for these losses. However, these losses are just as important as your other losses. In some cases, they affect your life more than your physical injuries.
Your non-economic damages are calculated by determining the impact of your injuries on your health and the severity of those injuries. For example, if you’re a professional athlete, you may receive more compensation for your intangible losses because your quality of life and ability to work is more affected than people with sedentary professions.
After you've suffered personal injuries and property damage in a car accident, you're bound to have questions. Our experienced legal consultants can provide the information you need to feel comfortable moving forward with your case.
Miami Car Accident FAQ
When a child is injured because of a car seat defect, you may have grounds for a product liability lawsuit. Families shouldn’t have to needlessly suffer at the hands of a careless manufacturer, especially a car seat maker that is supposed to protect children riding in cars.
However, you’ll have a limited amount of time to pursue legal action. The product liability statute of limitations in Florida extends four years from the date of the injury. In the cases of wrongful death, the statute is shorter, at two years. Reach out to a lawyer to take action within these time limits.
Companies like Tesla have created autonomous vehicles with the capability of driving without a driver’s input. However, the technology is still new and therefore there is some risk associated with them.
There are several parties who could be held liable in an autonomous driving accident, depending on the circumstances of your wreck. The following is a sample of the possible at-fault parties:
- The manufacturer of the automated driver assistance system (design defect)
- The manufacturer of the car or vehicle (products liability)
- The manufacturer of any components used to build or repair the vehicle, such as brakes or engines (supplier liability)
- The dealer who sold the car to you (dealer liability)
Rideshare companies such as Uber and Lyft are required to carry liability insurance. For example, Uber has a $1 million liability insurance policy in place for passengers, other drivers, bicycle riders, and pedestrians. If there’s more than one person injured in the accident, then each injured person may receive $1 million (capped at $10 million total) under Uber’s policy.
The $1 million liability insurance applies when the driver is on the app and has passengers. If the driver is on the app but doesn’t have passengers riding with him or her, then that driver’s personal insurance policy kicks in.
Sadly, many victims of commercial vehicles suffer from long-term pain or disability. The sheer size of large commercial trucks like 18-wheelers can cause horrific injuries for others in passenger cars. In addition to physical injuries, many people also experience severe emotional trauma and even PTSD.
Insurance companies often try to blame the victim for the crash as part of their defense strategy. They may also argue that they don’t owe you for any significant damages because you weren’t directly hit by the truck or bus but rather were rear-ended by one or more other cars involved in the accident.
These assertions from insurers sometimes make claims difficult, but not impossible, to prove in court. Fortunately, several layers of insurance are often available. Our lawyers know the nuances of commercial vehicle and trucking laws as well as how to work these types of cases, whether that’s seeking an insurance settlement or filing a lawsuit.
If you want to seek compensation for an accident that was partially your fault, then yes, you will want to retain a good personal injury law firm as soon as possible. The amount of fault you are responsible for can proportionately decrease the amount of compensation you receive, making it imperative to get an attorney to provide legal representation for your case as soon as possible.
In the state of Florida, the statute of limitations for personal injury claims, which includes car accidents, is four years from the date of the injury. While this sounds like a long time, you'll want to get your accident lawyers involved as soon as possible as building a strong case is easiest while the evidence and witness testimony are still fresh. This becomes increasingly difficult as more and more time passes. After four years have passed, you will have missed your window for bringing a personal injury claim.
If you intend to take your personal injury claim to a Florida circuit court (which is the most common situation), then your damages must exceed at least $30,000. There is no upper limit to how much compensation you can seek to recover in your lawsuit, but this will likely be constrained by the policy limits of the liable party's insurance company.