Car Accident Lawyer Miami, FL

Can I Be Compensated for Car Accident Injuries in Miami?

Yes. Florida operates under a “no fault” insurance system. Under the state’s Personal Injury Protection (PIP) car insurance laws, you can file an injury claim with your own insurance company and receive compensation, even if you were responsible for the accident. However, if you have been seriously injured due to the negligence of another driver, this is not where your compensation options end.

Drivers are required to carry minimum PIP coverage of $10,000 in medical and disability benefits and $5,000 in death benefits. If the PIP maximums under your own insurance are not covering all of your accident-related expenses, you may be able to pursue a lawsuit against the at-fault party with the help of a Miami car accident attorney.

Florida also has a comparative fault law, meaning that if you suffered injuries in an accident that was partially your fault, you can still be compensated at a reduced rate based on how at fault you’re considered to be. For example, if your injury has cost you $20,000 and you are found to be 40% at fault for the accident, you would be compensated for 60% of the injury costs, or $12,000.

Types of Compensation in Miami Car Accident Injury Cases

Working with a Miami auto accident lawyer, you may be able to recover compensation for several types of losses that result from a car accident injury or death. Here are some common types of damages you may be able to claim in an insurance negotiation or lawsuit:

Medical Expenses: Your lawyer can fight for compensation covering hospital bills, doctor’s visits, medications, rehabilitation, and future medical costs related to your injuries.

Lost Wages: If your injuries prevented you from working, your lawyer can pursue compensation for lost wages and any loss of earning capacity caused by the accident. This is why it’s important to keep a written record of all lost hours or responsibilities at work, as well as benefits that would have accrued had you worked those hours.

Pain and Suffering: Your lawyer can advocate for compensation for the physical pain and emotional distress you endured, including mental anguish and loss of enjoyment of life. These emotional wounds can be harder to establish than physical injuries, so having a skilled Miami car accident attorney is crucial to getting the restitution you truly deserve after trauma.

Property Damage: Under Florida law FL Stat § 324.022, drivers must carry a minimum of $10,000 in property liability coverage. Typically, your own insurance covers property damage costs after an accident. However, if another driver caused the accident and you’ve suffered severe injuries and property damage, you may seek reimbursement from their insurance company, too.

Florida does not allow “split” action in injury lawsuits, so victims can’t sue an at-fault driver for property damage and then go on to seek injury claims later. It’s important to consult a Miami car accident lawyer to help you decide whether filing an injury claim or pursuing property damage costs will be your better option.

Loss of Consortium: If your injuries resulted in the loss of companionship or support from a loved one, Miami car accident attorneys can pursue damages for loss of consortium on behalf of you or your family members.

Wrongful Death: If a loved one was killed in a road accident due to negligence of others, your attorney can seek wrongful death damages to cover the costs of funeral arrangements, loss of consortium, and pain and suffering.

How to Choose the Right Auto Accident Attorney in Miami For Your Case

After you’ve been in a car accident, you might start being bombarded with offers to help you get the money you deserve. But how many of these parties can keep their promises? When you’re searching for the best car accident lawyer Miami can offer, go with your gut and look for a few key qualities in your attorney.

Experience: Look for a lawyer who knows their stuff when it comes to car accident cases. You want someone who’s handled cases like yours before and knows the ins and outs of the legal system. Montlick has over four decades of experience fighting for injury victims.

Communication: A good lawyer should be easy to talk to and keep you in the loop every step of the way. You want someone who listens to your concerns and answers your questions promptly. At Montlick, we pride ourselves on our accessibility.

Compassion: Dealing with a car accident can be really tough, both physically and emotionally. You want a lawyer who understands what you’re going through and treats you with compassion and respect. Montlick attorneys practice injury law because we believe in putting people over corporate profits.

Transparency: You should feel comfortable asking your lawyer about their fees and how they’ll handle your case. A good lawyer will be upfront and transparent about what you can expect throughout the process. Montlick made our name on trust and transparency. Our clients deserve honesty, not scare tactics and shortcuts.

Finding the right personal injury lawyer can make a big difference in the outcome of your case. Take your time, do your research, and trust your instincts when choosing the person who will fight for your rights and help you get the compensation you deserve.

Can Miami Car Accident Attorneys Negotiate With Insurance?

When you inform your insurance company about your accident, expect a call from an insurance representative asking for details like the cause of the accident, injuries, and your immediate response. Most policies require your cooperation with their investigation. However, you don’t have to handle this alone. Once we represent you, you can redirect calls and questions from insurance companies to your car accident attorney. We handle all the complicated claims and negotiations. Remember, anything you say to an insurance representative could come back to hurt your case in the long run as most, if not all of the calls, are recorded. We make sure that doesn’t happen.

It’s crucial to recognize that insurance companies – even your own – prioritize minimizing payouts, often at the expense of fair compensation for valid claims. Car accident lawyers are good negotiators who understand the tactics used by insurance adjusters to undervalue claims. They possess the skills to negotiate effectively on your behalf. By enlisting legal representation, you signal to the insurance company your commitment to getting fair compensation. And after 40 years of wins, insurance companies know not to mess with Montlick.

How Much Does It Cost to Hire a Miami Auto Accident Lawyer?

Car accident lawyers in Miami typically operate on a contingency fee basis. With a contingency fee setup, your lawyer gets a percentage of the total compensation recovered in your case as their fee. You agree on this percentage beforehand. If your lawyer doesn’t recover compensation, you usually won’t owe them any legal fees. This agreement motivates Miami car accident lawyers to work hard for the best possible outcome for their client and themselves.

What Happens After I Choose a Miami Car Accident Lawyer?

After you’ve found a personal injury lawyer you feel confident working with, they will get down to the business of proving your side of story and seeking out the most amount of money that could be available to you. Here are the steps they will likely take:

Investigation: The attorney and their legal team will conduct a thorough investigation into the circumstances surrounding the accident. This may involve gathering evidence, interviewing witnesses, reviewing medical records, and analyzing relevant laws and regulations.

To prove another party was at fault for an accident, a Miami auto accident lawyer must show that the defendant had a “duty of care” to follow traffic laws, the defendant neglected their duty by either acting recklessly or failing to act, the accident was a result of the defendant’s actions, and that your damages were a direct result of the accident.

Communication with Insurance Companies: Your attorney will handle all communication with insurance companies on your behalf. They’ll negotiate with the insurance adjusters to seek fair compensation for your injuries, lost wages, and other losses incurred due to the accident.

Filing a Lawsuit (if necessary): If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a lawsuit against the at-fault party or parties. They’ll prepare the necessary legal documents, including the complaint, and represent you in court proceedings.

How Long Do I Have To File A Lawsuit After a Car Accident in Miami?

If insurance companies are not offering you fair compensation for your suffering, Florida Statutes § 95.11(3)(a) establishes a two-year window for personal injury cases, starting on the date of the accident. Florida Statutes § 95.11(4)(d) sets a two-year window period for wrongful death cases, starting on the date of the victim’s death.

Is Driving in Miami Hazardous?

Miami roads have unfortunately followed an all-too-common trend in Florida infrastructure: falling into disrepair. According to Island News, analysts using Google Trends data and a wide-reaching driver survey quantified America’s pothole problem. Florida had the most cities ranked in the top 20, and Miami came in at unlucky #13! Interestingly, the analysts found that GMC, Subaru, and Ram drivers were most likely to hit potholes, while Toyota, Hyundai, and Volkswagen drivers were the most likely to avoid them.

Data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) found that 16% of the state’s accidents occurred in Miami-Dade County during 2021. Here is a look at Miami-Dade County’s steadily increasing number of collisions over the years:

2014: 60,165 (13.56% increase from previous year)
2015: 63,451 (5.46% increase from previous year)
2016: 64,070 (0.98% increase from previous year)
2017: 65,986 (2.99% increase from previous year)
2018: 64,627 (2.06% decrease from previous year)
2019: 65,143 (0.80% increase from previous year)
2020: 51,543 (20.88% decrease from previous year)
2021: 62,530 (21.32% increase from previous year)
2022: 63,303 (1.24% increase from previous year)

The only notable decrease the Miami area has seen in motor vehicle collisions came with the dramatic decline in driving during the peak of the COVID-19 pandemic. Numbers returned to their previous pattern in 2021.

Miami’s Most Dangerous Roads and Intersections

Like in other parts of Florida, Miami roads have become more dangerous over time due to urban sprawl and consistent population growth. More cars mean more problems. Here are some the busiest and most anxiety-inducing Miami roadways:

• Interstate 9: Drivers often use this road to travel between Miami and its neighboring Broward County. The Miami stretch of this coastal highway sees heavy traffic during prime commuting hours.
• Palmetto Expressway: This bypass route skirts city limits, but heavy traffic can be expected at all hours on this road, also known as State Road 826.
• “The HEFT”: The Homestead Extension of Florida Turnpike, or State Road 821, intersects with several major roads.
• Don Shula Expressway: State Road 874 begins at the HEFT in Kendall before joining the Palmetto Expressway in Glenvar Heights.
• Snapper Creek Expressway: State Road 878 connects the Don Shula Expressway with US1 near South Miami.

Intersections are the number one most likely place for a vehicle accident. According to FLHSMV, 77% of Florida’s total collisions occur in close proximity to cross-streets, and nearly three people are killed near intersections daily. An assessment by Michelin found three intersections in the Miami area to be the most dangerous:

• SW 127th St / SW 56th Ave: Vehicular and pedestrian traffic flow constantly at this mixed-use intersection. Noteworthy instances of abrupt braking occur primarily in a specific lane, hinting at the potential challenge of a lane reduction. The situation is further complicated by a pedestrian crossing with reduced visibility heightened by trees and proximity to a nearby bus stop.
• SW 232nd St / SW 147th Ave: An elevated occurrence of significant braking events in this rural area signals the necessity for enhanced signage and improved lane demarcation. Factors such as heavy traffic, numerous private estate entrances, dense foliage, and the lack of pedestrian crossing signage all contribute to an increased level of risk.
• SW 8th St (US Highway 41) / SW 97th Ave: Historical crash data paints a grim picture of this critical junction. Frequent sudden braking, especially in the northwest lane, might mean problems for pedestrians. The lane sizes, busy bus stop, and reduced visibility make the area difficult to safely walk in. The switch from fast roads to a busy intersection with lots of pedestrians makes things even more complicated.

Most Common Types of Car Accidents in Miami

Rear-End Collisions

Rear-end collisions occur when one vehicle strikes another from behind. Miami car accident attorneys see these accidents frequently occur at intersections, in stop-and-go traffic, or when one driver fails to brake in time. Injuries commonly associated with rear-end collisions include:

• Whiplash: Whiplash is a neck injury caused by the sudden backward and forward motion of the head, resembling the cracking of a whip. It can result in neck pain, stiffness, headaches, and sometimes even long-term complications.
• Soft Tissue Injuries: These include strains, sprains, and bruises to muscles, ligaments, and tendons. While they may not be immediately apparent, soft tissue injuries can cause significant discomfort and limitations in mobility.
• Spinal Injuries: Rear-end collisions can also cause spinal injuries, ranging from herniated discs to more severe spinal cord damage, leading to paralysis or lifelong disabilities.

T-Bone Collisions

T-bone collisions, also known as side-impact or broadside collisions, occur when the front of one vehicle strikes the side of another vehicle. These accidents often happen at intersections or when a driver fails to yield the right of way. T-bone collision injuries a typical North Miami Beach car accident lawyer sees include:

• Head Injuries: The impact from a T-bone collision can cause head injuries ranging from concussions to traumatic brain injuries (TBIs), which can have long-term cognitive and behavioral effects.
• Chest and Abdominal Injuries: Victims may suffer from rib fractures, internal bleeding, and damage to internal organs due to the force of the impact.
• Limb Injuries: Arms, legs, and hips are particularly vulnerable in T-bone collisions, leading to fractures, dislocations, and soft tissue injuries.

Head-On Collisions

Head-on collisions occur when the front ends of two vehicles collide, often at high speeds. These accidents are among the most severe and can result in catastrophic injuries or fatalities. Injuries commonly associated with head-on collisions include:

• Severe Traumatic Brain Injuries: The force of impact in head-on collisions can cause devastating brain injuries, leading to permanent disabilities or cognitive impairments.
• Chest and Abdominal Trauma: Victims may suffer from collapsed lungs, ruptured organs, and other life-threatening injuries to the chest and abdomen.
• Spinal Cord Injuries: Head-on collisions can cause severe damage to the spinal cord, resulting in paralysis or loss of sensation in various parts of the body.

Rollover Accidents

Rollover accidents involve a vehicle flipping onto its side or roof, often as a result of sharp turns, collisions, or uneven road surfaces. Injuries commonly associated with rollover accidents include:

• Crush Injuries: Victims may be crushed or trapped inside the vehicle during a rollover, leading to fractures, internal injuries, and lacerations.
• Ejection Injuries: In some cases, occupants may be partially or fully ejected from the vehicle during a rollover, resulting in severe head trauma, spinal injuries, and even death.
• Cervical Fractures: The violent motion of a rollover can cause fractures to the vertebrae in the neck, potentially leading to paralysis or other neurological deficits.

Side-Swipe Collisions

Side-swipe collisions occur when the sides of two vehicles come into contact while traveling in the same direction. Miami car accident attorneys see these accidents happen often when one driver drifts out of their lane or fails to check their blind spot. Injuries commonly associated with side-swipe collisions include:

• Soft Tissue Injuries: Whiplash, strains, and sprains are common in side-swipe collisions, particularly for occupants of the vehicle that was struck.
• Traumatic Brain Injuries: Depending on the force of impact, occupants may suffer head injuries ranging from concussions to more severe TBIs.
• Arm and Shoulder Injuries: Drivers and passengers may sustain injuries to their arms, shoulders, and hands as a result of bracing for impact or being thrown against the interior of the vehicle.

What is the 14-day Rule for Car Accidents in Miami?

Under the Personal Injury Protection (PIP) insurance laws in Florida, you must seek medical attention within 14 days from the time of your accident, or you might be ineligible for PIP payouts. Besides making sure you’re adhering to this legal window, it’s a good idea to get medical treatment as soon as possible after a crash. Internal trauma, whiplash, and other injuries might not be immediately apparent.

It’s an unfortunate reality that from the moment after you get into a car accident, you must start thinking not only about your recovery, but also building your best case for compensation. According to FL Stat § 316.061 (2022) it is a misdemeanor not to stop your car at an accident scene, even if it appears damage has only occurred to the vehicles involved. Here’s some advice from an accident lawyer Miami residents follow if they find themselves in a crisis on the road:

1. Your safety and well-being take precedence. Seek immediate medical attention, regardless of the apparent severity of your injuries. Promptly documenting injuries and receiving medical care is vital for both your health and your claim’s future.
2. After alerting emergency services and seeking medical aid, collect what evidence you can from the accident scene. This involves capturing photographs of the vehicles involved, the surrounding environment, any visible injuries, and road conditions.
3. Exchange contact and insurance details with the other drivers in the accident and gather witness information. Avoid discussing accident specifics or admitting fault, as any statements made at the scene could potentially be used against you later.
4. Notify law enforcement of the accident and obtain a copy of the police report. The report contains crucial accident details, including statements from drivers and witnesses, as well as the officer’s assessment of the scene, serving as valuable evidence for your case.
5. Reach out to a Miami auto accident lawyer promptly. Allow your lawyer to handle communication and negotiations with insurance companies on your behalf. Remember: your attorney’s success aligns with yours, unlike your insurance company, which may not prioritize your interests.
6. Maintain meticulous records of all accident-related expenses, including medical bills, vehicle repairs, rental car fees, and other costs. Your Miami car accident attorney can leverage these records in court to illustrate the true extent of your accident-related spending.

Montlick Attorneys Fight For You. Not For Companies and Their Bottom Lines.

If you’re looking for the best car accident lawyer Miami residents can have in their corner, we’d like to have a conversation. Montlick Injury Attorneys take on the cases of everyday people who need justice.