Miami Car Accident Lawyers
In Florida, car accidents are common and many result in injuries. If you’ve been injured in a car accident, talk to a FL car accident lawyer to pursue full compensation. Free consultations.
Miami Car Accident Compensation
We’ll put you in touch with attorneys who are here to help you get the compensation that you’re entitled to after an accident. If you’ve suffered an injury in a car accident in Miami, Florida it’s very important that you consult with a good Miami Dade car accident lawyer to see whether you have a case. Car crash law is complicated, and it’s difficult to try to take on the system by yourself without any support. They can help you get compensated for a lot of the common costs related to auto accidents, including:
- Medical Expenses
- Time off Work
- Pain and Suffering
- Loss of Property
My Injury Isn’t Bad, Do I Need a Lawyer?
Yes! Whiplash symptoms can take hours or days to manifest fully and typically become worse the more you try to work through them. They can include anything as benign as some muscle pain, to symptoms as severe as torn muscles, slipped discs, and other issues that can cause long-term disability. As a result, many people who walk away from an accident are later unable to work or function for weeks, or sometimes months! Don’t let this happen to you!
Because of this, it’s extremely important to visit a doctor and consult a Miami car accident lawyer immediately after your accident so that your condition is documented, and so that you don’t settle for an inadequately small payment from your insurance company that won’t’ cover your actual expenses. The costs associated with your injuries might not become clear until weeks after the actual accident, so don’t let your insurer bully you into accepting a settlement right after the accident happens.
Make sure that you don’t sign any statements right after an accident, or verbally admit fault on the scene. Things happen fast on the road, and it’s best to wait until you have a chance to go over the facts with a Miami car accident attorney before you make a statement.
Please call 1-800-INJURED (1-800-465-8733) and let us help you get the support you’re entitled to. We can help you reach experienced, firm and honest Miami lawyers who can help you get through the legal system to get the financial support that you deserve.
In order to help you understand the difference between 1-800-Injured Attorney’s Network and regular Personal Injury Lawyer in Miami, we put together a table featured a typical scope of work regarding your work being done on your case.
|1-800 Injured Network||Regular Attorneys|
|Provide Medical Center|
|Free Medical Center Transportation|
|Follow Case Closely With You|
Why do you need a Miami Car Accident Lawyer?
Traffic laws in the U.S. are set at every level of government, including the local level. That means that if you’re from Jacksonville, but you get into a car accident in Miami, and need a personal injury attorney, it’s a better idea to get good Miami Accident lawyer than someone from back home. The reason for this is that a Miami car accident attorney is going to be familiar with the local traffic laws and ordinances and is likely to have better tools to address your specific case than someone from even just a county away.
What do I need to know about Car Accident Laws?
Do I need an MRI after an accident?
Automobile accidents all have various degrees of impact. However, regardless of the degree of impact, it is recommended that any passenger involved in an auto accident should be examined. Whiplash, which is apparent due to neck and back pain, is one of the most common symptoms caused by accidents. MRIs are used to determine whether a patient has a herniated disk as a consequence of an accident. MRIs come with a hefty price tag, ranging anywhere between $1,500 and $5,000. Insurance companies don’t want to be responsible for such high costs; especially if the MRI shows that there is no herniated disk. This is where a personal injury lawyer must present a case in order to argue why such a cost is justified, and why you shouldn’t have to be responsible for the medical bills.
What is whiplash and what are the symptoms of whiplash?
Whiplash is a neck injury, which results from forceful, rapid back-and-forth movement of the neck. The most common cause of whiplash is when a vehicle’s driver and/or passenger is rear-ended in an automobile accident. The most common symptoms of whiplash include a neck, shoulder, shoulder blade, and lower back pain, numbness or pain in the arms or hands, stiffness, headaches, dizziness, difficulty concentrating or remembering, irritability, sleep disturbances, and fatigue or drowsiness. Recovering from whiplash can take up to several months after treatment with pain medication, exercise, therapy, heat, ice, and even with injections and ultrasounds. Whiplash symptoms usually surface 24 hours or more after impact.
Release of Liability
What is a release of liability form?
This document sets out the terms of a settlement. If you haven’t filled a lawsuit, signing this release prevents you from doing so. If you have already filed a lawsuit, the release concludes the lawsuit.
Who is the one that prepares the release form?
An insurance adjuster sends you the release if you decide to settle your claim without an attorney. If you do have an attorney, but the case is not in a suit, adjusters allow your attorney to prepare the form. If the case is settled after the lawsuit is filed, then the defense attorney prepares the form.
What if you don’t agree with the release?
A release can sometimes be very straightforward. Sometimes, it is very objectionable. When you have an attorney, they will read the form very closely in order to determine whether it is acceptable. In some cases, attorneys will argue for long periods of time over the terms of the release. If they don’t reach an agreement, this is where a judge comes in to decide. These sorts of cases aren’t common, and can significantly slow down the settlement process. Once the release is ready, the attorney will send it for you to sign. The release is signed in front of a notary public. You have the right to ask as many questions as you wish before signing it, but once it has been signed and returned to the defense attorney, there is no chance of changing the release’s terms. If you don’t agree with the terms, don’t sign the lease, and certainly tell your insurance company, attorney, or defendant that you agree with the terms.
Diminished Value Claims
Diminished value (DV) is when a vehicle has been damaged in an accident so far as to losing some of its initial value before the accident. The resale value is then lower than it was preceding the accident. The damage results in a reduction, or “diminution” in the market value of the vehicle, even after repairs have been made.
These are 3 types of diminished value:
- Immediate Diminished Value: the loss in value that results immediately after an accident, preceding any repairs.
- Inherent Diminished Value: refers to the loss in value of a vehicle after it has been fully professionally repaired. It is the value that results from the simple fact that the vehicle was damaged in an accident.
- Repair-related Diminished Value: this is the additional loss in value of a vehicle, which results from incomplete or improperly done repairs.
What are the benefits of a diminished value claim?
Because your vehicle loses value, you are entitled to a check from the third party’s insurance company if you are not at fault for an accident. Many insurance companies’ adjusters are given scripts and will try to lower the amount you are entitled to. An attorney’s goal will be to maximize your diminished value claim. In a case of a hit-and-run, you can file a claim against your own insurance company.
Personal Injury Protection (PIP)
What is PIP?
Personal injury protection (PIP) coverage is a component of auto insurance that covers medical expenses, regardless of who is at fault, and often includes lost wages.
What does PIP cover?
PIP is an extremely important coverage which covers the following in case of an accident-related injury:
- Medical expenses: hospital bills, dental and optometric treatment, ambulance bills, treatment, and medication.
- Lost wages: time away from work due to any injuries
- Substitute services: in some cases, if you are incapable of doing your daily duties, such as caring for your children or cleaning, PIP can help pay for nursing care or cleaning help.
- Funeral expenses: if an accident results in death, PIP can help pay for any funeral expenses.
How does a PIP claim work?
Florida’s PIP law requires that you report any injury after an accident before 14 days pass, effective since January 1st, 2013. Seeking treatment after the 14 days means that you will not be reimbursed for any medical treatment by your insurance company, so it’s important to call 1-800-INJURED as soon as possible, so you don’t lose any of your benefits.
What is tort law?
Torts are wrongdoings that are done by one party against another. Tort laws are a body of rights, obligations, and remedies that are applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful act of others. There are 3 main types of torts:
- Intentional: intentional harm induced on another, such as assault, invasion of privacy, or fraud, etc.
- Negligence: these are not deliberately committed actions, but happen when one fails to do their part in order to avoid any risk of harm. For example, this applies if a store worker fails to properly clean up a spill, resulting in injury if you slip and fall.
- Strict Liability: this applies when no one is at fault.
What is the loss of use?
Loss of use happens when you can no longer use your vehicle as a result of an accident.
How do I collect after the loss of use?
There are two types of insurance claims: 1st party and 3rd party.
- 1st Party: This is a claim your file against your own policy or carrier. This is usually done in a case of a hit-and-run, if your car is damaged by weather, or if you hit an object or animal, for example. Most full coverage policies include loss of use recovery in the form of a rental car. Most insurance companies will reimburse you $30 per day for 30 days. Progressive, for example, will reimburse up to $40 per day with a maximum of 30 days, which is a total of $1,200 per claim.
- 3rd Party: These are claims filed against the at-fault party, such as if you are a victim of an injury due to someone else’s negligence. Third party claims follow tort law, so the amount of recovery is approximately equal to the loss amount. There are different types of losses, including property damage, collision repair, bodily injury, diminished value, loss of use, lost wages, and more. Most carriers offer a rental car to compensate for any loss of use.
What are lost wages?
Lost wages refer to money you can’t earn because of a personal injury after an accident. If you are incapable of working for 3 weeks because of an injury, you are entitled to compensation for the amount of time you would’ve normally spent at work. Let’s say you are working 40 hours a week and have a $1,000 weekly salary and you don’t work overtime. If you are recovering for a total of 3 weeks, your insurance will pay you $3,000, and usually, won’t argue against you.
Aside from lost wages, you may also miss out and claim for factors such as:
- Promotions o Fringe benefits
- Any commission
- Any bonuses
- Pension benefits
If by the time you can return to work, your position is gone, you can also have a claim for:
- The difference in pay between the two jobs if the new job pays less
- The length of time you have to work at the lower-paying job
- The amount of time you were searching for a new job and how much cost-of-life was during that period of time
Gap Insurance Claims
What does NOT gap insurance cover?
Gap insurance claims do not cover:
- Car payments in case of financial hardship, job loss, disability, or death
- Vehicle repairs
- Vehicle value or diminished value
- Any down necessary down payment for a new vehicle
- Any loans
What does gap insurance cover?
Gap insurance covers the gap between what is owed on your vehicle loan and its current market value. In a case of an accident, your insurance company will only pay your vehicle’s market value if they decide that your vehicle is totaled. For example, if your car’s current market value is $20,000, but you owe your lender $24,000, the $4,000 difference between your loan balance is the “gap” that is covered by your insurance company. Keep in mind that to use gap coverage, your claim must be covered under comprehensive or collision, and your vehicle must be considered a total loss.
Emergency Medical Condition
What injuries qualify as an “Emergency Medical Condition”? (EMC)
Florida PIP Statute §627.732 states the following: An “emergency medical condition” is defined as a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention would reasonably be expected to result in any of the following:
- Serious jeopardy to patient health
- Serious impairment of bodily function
- Serious dysfunction of any bodily organ or part
That is the extent of the statute definition of EMC. There is no list of injuries that meet these conditions, only a guideline by which qualified medical personnel can identify when an EMC event takes place. Therefore, knowing what type of injuries or medical trauma will be classified as an Emergency Medical Condition (EMC) is at best imprecise and open to the interpretation of medical professionals and the court.
Who determines whether you have an EMC?
The practitioner must be a qualified physician, osteopathic physician, dentist, physician’s assistant, or advanced registered nurse practitioner.
How much does PIP cover?
A separate statute, Fla. Stat. §627.736 states:
- Reimbursement for medical care and treatment is awarded up to $10,000 if a qualified medical provider has determined that the injured person had an emergency medical condition. Any EMC coverage must be specifically related to the diagnosed conditions.
- Reimbursement for medical care and treatment is limited to $2,500 if a provider determines that the injured person did not have an emergency medical condition.
In what circumstances must an EMC decision be made?
PIP law requires you to be seen by a qualified medical practitioner within 14 days of being involved in an accident and the state of Florida. This allows you to receive the minimum $2,500 from your PIP coverage. However, the Florida PIP law does not specify when an EMC decision must be made. This is because medical examinations, such as MRIs, can take longer than 14 days.
Negotiating balances for your vehicle
After an accident, your car is sent to an adjuster within your insurance company, who determines how much it will cost to repair your vehicle. Your adjuster’s job is to cut you the least amount possible. This is why it is important for you to get an opinion from several different sources. A mechanic can help you determine the real cost of repair needed for your vehicle. You can also check your vehicle’s market value using sources such as Kelly Blue Book, kbb.com, or Edmunds.com. You aren’t obligated to accept the amount that the adjuster offers to you if the estimates you have received from other sources don’t match. What follows is typically much of your time spent of back-and-forth phone calls, in order for you and your insurance company to reach an agreement.
Negotiating balances for personal injury claims
The entire process is much like a match of tennis, and just like negotiating balances for your vehicle. Your adjuster will offer you a lower amount than you are entitled to. You play phone tag and eventually reach a compromise. Attorneys know how to deal with this process better than a regular client, which is why having the right personal injury attorney, is important in order to get the maximum out of your settlement for pain and suffering.
Every day you can hear on the news that a car crashing into another car kills or seriously injures someone in Florida Miami Dade County. Florida cars are responsible for many deaths and injuries each year. After a car accident lawyer Miami should be on your speed dial. Don’t wait for your vehicle crash. Save our phone number before you get into crash Miami situation. If you or your family member were injured in a car accident call 1-800-Injured now.
Miami Car Accident Statistics
As one of the most populated cities in America, there have been hundreds of thousands of Miami motor vehicle crashes over recent years. Florida has over 395,000 car accidents annually, with their causes ranging wildly, but many result in injury victims. If you are among the millions driving along Florida’s many roads and highways, then you are at risk of becoming involved in an accident. In fact, statistics show that the risk for a potential car accident in Florida is among the highest in the country.
When you are involved in a car accident, you risk suffering a severe injury. The complications that result from a car accident and the injuries it may cause are complicated, but help is available. A car accident attorney is a dedicated legal professional who works with you to navigate Miami law in order for you to receive full reimbursement and compensation. Professional legal advice will smooth out your recovery process and work with you to prevent your accident from causing further damage over time.
Medical Treatment and Costs
The window of time following a car accident is small, critical, and requires you to be careful as you plan what do next. Your first concern should be personal safety, which means not exiting your vehicle and calling 911 for police and rescue services. You need to stay in the car as you wait because leaving your vehicle puts you at risk from other drivers passing the accident site. If you do have any injuries, then moving freely may cause them to become worse.
When the rescue workers arrive, they will examine your injuries, which will determine the next step in your recovery. If any are serious enough, then they will transport you to the nearest medical facility. However, paramedics are limited to the tools they bring to the scene of your accident. Even if you are not taken to the hospital, there is still a chance that the accident may have caused some subtle internal damage. You should contact a medical professional to make sure that your accident did not leave any lasting damage or an undetected medical conditions. The medical report you receive from a professional is also an important piece of information to have for any legal claims you decide to file.
Professional Medical Service Billing
Medical services are not cheap; they often lead to a serious strain in finances as debt quickly begins to build up. Your insurance claims may take time to process. In the meantime, you may find yourself paying out-of-pocket to cover the costs. The drain on your income is even worse if the accident has impaired your ability to work. Your financial situation only becomes more stressful over time, which is why retaining the services of a professional car accident attorney is advised.
A car accident attorney will review and organize your case, so that it becomes easier to file a claim with your insurers. You’ll need a detailed list of the damages you’ve suffered, which includes non-material losses, like loss of income, reduced quality of life, pain and suffering, and trauma damage. The list will help you pursue reimbursement and compensation in court if your insurance coverage falls short.
Paying for Expenses and Recovery
When you’re in a car accident, you and the other drivers are responsible for maintaining personal injury protection. The coverage consists on $10,000 worth of protection, which in-turn becomes paid by your insurers and you. PIP will provide up to $10,000 of financial aid for both medical costs and income loss. The other party involved in the accident will become responsible for the financial costs above the set PIP amount.
Your insurers provide you with the financial assistance that you’ll require after a severe car accident. While the average insurer will cover the costs you need as expected, more serious accidents may cause a slower response. Your insurers will evaluate the situation and eventually offer a settlement to cover your losses. However, the initial offer may not be enough to fully cover your costs. Speak to a Miami car accident attorney to review their offer and create a claim that better suits your situation.
Vehicle Types and Case Differences
A major car crash can affect you both physically and financially. A car accident attorney will help you regardless of the circumstances, providing valuable guidance in organizing police reports, medical records, insurance claims, civil actions reports, and medical recommendations or sessions. Your attorney’s involvement depends on the extent of the damages, which change dramatically when different types of vehicles are involved.
Motorcyclists drive vehicles with very little protection. A motorcyclist’s lack of protection is generally acknowledged as the reason why practically all of the accidents involving them end in injury. If you’ve been involved in a motorcycle accident, finding the right personal injury lawyer can help prevent the negligence of another driver from severely impacting your life.
Commercial Truck Accidents
Commercial vehicles are, by definition, several times larger and heavier than the regular cars on the road. These vehicles are naturally dangerous, and even low-speed crashes are capable of causing serious injury. There are rules for commercial truckers to follow, but when these are ignored, then everyone around the driver is put at risk. A truck accident lawyer will take the inherent risks into account and present them as part of your claim to reinforce your case.
When you are in a car accident, your first priority should be personal safety before planning your recovery. The recovery from an accident is often long and difficult, involving physical, mental, and financial strain. A car accident attorney will assist you through the process and provide much-needed legal knowledge to best organize your priorities. Contact a car accident attorney in Miami for legal and medical referral services and find the help you need to recover quickly and effectively.