Miami car accidents happen extremely often. According to data from Florida’s Integrated Report Exchange System (FIRES), more than 1,000 accidents occur in Florida every single day. Before you’re done reading this page, another 7 accidents may happen.
A lot of the time, accidents cause significant damage, severe injury and even death. This year alone, Florida experienced approximately 1,190 fatalities and 87,176 crashes involving property damage.
Sadly, in the many of these cases, victims fail to file an accident claim, receive less than they should or even have their claims rejected. In many cases, injured persons may have their compensation compromised simply because they did not have the benefit of good advice.
There’s nothing more unfair than suffering damage or injury due to the fault of another person and having to bear the costs on your own. Unfortunately, it happens more often than you’d think.
In our experience representing victims of Miami car accidents and Doral accidents we have noticed one consistent theme. If you fail to act after a Miami car accident, your chances of recovering compensation may be much less.
The best way to avoid this is to ensure that you understand what the law on Miami car accidents is and how it affects you.
In order to help you, we have prepared this article that guides you on Miami car accidents law. It explains your rights in a Miami car accident and what you need to know to get the compensation you deserve. Let’s start with what should happen immediately after a Miami car accident.
Whether you were bitten by another person’s dog, injured in a car crash or had a sign fall on you at the mall, you may have the right to compensation. Our Miami personal injury lawyers may be able to help you recover compensation for your personal injury claims.
If you are thinking of filing a personal injury lawsuit, you will likely have several questions on your mind. You’ll want to know how much your claim may be worth.
You will find most of the answers you need on this page, beginning with what a personal injury claim is and why you need to file one.
A Miami personal injury claim is what you file when you have been injured because of the fault of another person. They serve two significant roles for you as the injured person and the larger community.
There are essential things you need to do (and refrain from doing) after a Miami car accident. They will be vital to establishing a solid foundation for your claim to go on. Here are 7 of them:
Miami is in the state of Florida. Florida is one of 12 US states that follow the no fault system, this means that Miami accidents and Doral accidents are governed by this system. Under this system, all parties in a car accident, may turn first to their own insurer for compensation.
To make the system work, every driver is required under Florida law to obtain personal injury protection of at least $10,000. The same amount is required for property damage protection. This way, if you are injured in a car accident, you can be assured of protection up to that amount, at the minimum. And it would not matter whether you caused the accident or not.
Fault will still be relevant though, in order to determine how much to pay out. The insurance loss adjuster will determine fault by estimating they think you should be entitled to after the accident. Remember, the adjuster works for the insurance company, not you. Your Miami car accident lawyer represents you, not the insurance company.
An issue with the no fault system is many drivers still get on Miami roads without insurance. According to Insurance Journal, nearly 1 in 8 US motorists are driving around without insurance in Florida. If you don’t have car insurance, you may have a bit of a problem recovering compensation under the no fault laws.
Miami car accidents cause damage. First thing to note is driving around without car insurance in Miami is an administrative offense. You could be liable to face suspension of your license, as well as a fine of between $150 and $500. That’s not the worst of the problem though. The question is what do you do when you are involved in a serious car accident?
If you are at fault for the accident, you don’t have to do anything. The other driver will simply claim from their own insurer and many times that may settle it. On your own part, you will have to pay out of pocket for any damage you suffer and could be exposed to liability as well. That’s the cost of driving without insurance.
If the other driver’s damage is more than their policy limit or if it involves very serious injury, you may be facing a lawsuit for compensation. The consequences of that aren’t pretty, as they may involve wage garnishment to pay up the judgment debt you owe.
If you were not at fault, you may still have to pay for your damage by yourself. The other driver will approach their own insurance company if they have an active policy at the time of the accident.
If you suffered permanent damage or if your property damage exceeds your policy limits, you can file a case in court against the at fault driver. In any of these instances, your Miami car accident lawyer will advise you on the proper course of action. If you have any questions speak to one of our Miami accident lawyers or Doral accident attorneys by scheduling a free case evaluation for your accident today.
Miami car accidents can happen to anyone, but how do you prove your case in court? Should you have to pursue your claim before the court, there are certain things that you must prove to succeed. These are the elements of a car accident case, and they are basically two. First, you must prove that the other party was at fault for the accident and, second, you must prove that your injuries or damage rose from the fault of the other party.
In order to show that the other driver was at fault, your case would require proof of negligence or recklessness. Every driver owes every other road user a duty to drive carefully and in accordance with the law. This is a duty of care that they owe to other road users.
When a driver fails to drive according to the laws, they breach that duty of care. For instance, if the other party was texting while driving, they would have breached this duty.
For proof of your injuries, you would need to show that what you have suffered is a result of the driver’s breach. An example is showing that they failed to notice you and rear-ended your car because they were texting. This way, they would be held responsible for any injuries you suffered from the car accident.
While the process of proving these elements seems cut and dried as related here, the truth is it is rarely straightforward. However, your Miami accident lawyer will know exactly what facts to emphasize in order to show the fault of the other party and the injuries that resulted.
Miami car accidents are always different, people wonder how a lawyer can help you and the answer is a lawyer can always help. The immediate aftermath of a Miami car accident is a sensitive period. This is because your claim will most likely be won or lost within that period. That is why you have to give yourself the best chance of recovering fair compensation. And that starts with hiring qualified legal counsel.
The car accident attorneys at PereGonza The Attorneys understand that a successful claim begins with in-depth preparation. Our goal is to help you recover a fair settlement as quickly as possible. But you have to help us achieve that by reaching out as soon as possible.
You don’t have to worry about how you will pay our fees. We will not take a dime from you if we don’t win. All you have to do is reach out to us today and start a conversation with one of our Doral car accident attorneys and/or Miami accident lawyers.
Miami car accidents have limitations to how long you have to file your case in court. Note that you don’t have forever to decide if you want to sue or not. Under Florida’s limitation law, you have 4 years from the date of the car accident to bring a lawsuit. If you fail to file before the end of the period, you may be barred from filing the case in court.
Even if your claim will be strictly dealt with only by your insurer, it is still important for you to start the claims process and seek medical attention as soon as possible. In practice, settlement of insurance claims is usually a complicated process.
The insurer will want enough time to investigate the claim properly. Even when they make an offer, there will be some back and forth before agreement is reached on an amount that both sides accept.
If you take too long to start the process, your case may be statute barred by the time you realize the insurer will not pay what you’re asking or it may be barred by a policy time limit as well. This would leave you with no choice other than to accept what they’re offering.
So it is important that you contact a qualified Miami car accident attorney, within days of the car accident. Our Miami Car accident lawyers and Doral attorneys are ready to help you today.