Car Accident Lawyer Miami
At Goldberg & Rosen, we understand the emotional and physical challenges that develop following a car accident. And when extensive injuries, property damage and even death occur, you and your loved ones deserve to be compensated for your losses. Unfortunately, there are regulations in place in the state of Florida that complicate insurance claims and make it difficult to recover compensation for your injuries, pain and suffering without the help of a lawyer. In these cases, our team of among the best car accident lawyers Miami has to offer will work relentlessly on your behalf, collecting, analyzing and presenting evidence to ensure you receive the fair and just settlement you deserve.
Are you eligible for a personal injury lawsuit?
There are special regulations in place in the state of Florida that are intended to reduce the number of crash-related lawsuits. As such, drivers are required to carry at least $10,000 in Personal Injury Protection (PIP) insurance that will cover up to 80% of their injuries and 60% of their lost wages if an accident occurs. Unfortunately, this coverage is often not enough to pay for the total cost of their medical bills and lost wages, nor does it account for pain and suffering, property damage and other losses.
Fortunately, you may still be eligible for a personal injury lawsuit that allows you to collect compensation beyond the coverage provided by your insurance if the victim of the crash either died or suffered a serious injury, such as:
- brain damage
- a serious head injury
- permanent scarring
- broken bones
If you or your loved one has suffered from any of the above injuries, you may be eligible to take additional legal action to compensate for your losses. In these cases, our team of among the best motor vehicle and car accident lawyers Miami has available will review your case and help you prepare your claim, ensuring you’re successful in obtaining the settlement you deserve.
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Types of car accident legal claims
The direction of your case, as well as the compensation you’re entitled to, will depend on your specific car accident claim. Here are the four most common types:
The vast majority of car accident claims are based on negligence, when the responsible party acted in a thoughtless and/or careless manner that caused injury, death or harm to another individual. To win a negligence lawsuit, your auto accident attorney must be able to prove that the other party acted with negligence, the negligence caused the accident and the accident caused your injuries or losses.
In many cases, car accidents are caused by a vehicle defect, such as faulty design, labeling or manufacturing practices. When this occurs, you may be able to bring a claim against the manufacturer of the vehicle or the manufacturer of the vehicle’s faulty parts. Expert testimony and analysis is required to win this type of case and prove that the manufacturer of the car part or vehicle is responsible.
In some cases, dangerous issues on the road may contribute to an accident. For example, a steep embankment, poorly placed guard rails and barriers, poorly positioned signs and improperly placed or malfunctioning traffic control signals can all cause a serious accident that results in injury or death.
If you’ve lost a loved one in a car crash, you may be entitled to financial and punitive damages through a wrongful death lawsuit. To win this type of case, you will need the assistance of among the best car accident attorneys Miami has to offer to help prove that another person’s negligence caused the death of your loved one.
Florida is a No Fault state
The reason it is difficult to obtain meaningful compensation when involved in a car accident in Florida is that there is a No Fault law in place regulating insurance claims. This basically means that everyone pays for their own damages no matter who was at fault. The state requires everyone carry enough insurance to cover their losses but this doesn’t always occur.
The No Fault law works reasonably well in minor accidents where damages are very small. For many Miami car accidents, the damages are not minor and they far exceed insurance coverage limits.
Overcoming obstacles to meaningful compensation
In order to receive proper compensation there are several legal avenues open should insurance payments fall short. A car accident lawyer familiar with the regulations can help Miami clients overcome the obstacles to receiving compensation that actually pays the bills.
One aspect of No Fault legislation in Florida is that victims cannot launch a personal injury lawsuit unless their injuries are permanent or unless there is permanent and significant scarring or disfigurement. This is not as dire as it sounds because a permanent injury can mean many things.
For example, injury to a finger or toe that puts it permanently out of alignment may be a permanent injury. Back injuries that cannot be repaired without surgery can be classed as permanent injuries. These injuries do not have to be so severe that you cannot work to be classed as permanent, according to NOLO.
Insurance companies love the No Fault law
Florida has tried to simplify the process for obtaining meaningful compensation after a car accident but unfortunately only the insurance companies are benefiting from the No Fault law. Many states that adopted similar No Fault legislation have since repealed it.
Our top car accident attorneys are fully aware of the process for obtaining compensation when involved in an accident in Miami and other Florida cities. A large part of winning a lawsuit or being successful at a settlement negotiation is properly documenting injuries, property damages and related losses arising from car accidents and putting a dollar value to these losses.
Our legal team will help you assess the amount of money the accident has caused you to lose. These items can include:
- Vehicle damage
- Medical bills
- Loss of earnings
- Rehabilitation: physical therapy, etc.
- Pain and suffering
- Lost opportunities
Florida legislation does not level the field for everyone involved in a car accident. Miami has a stellar team of motor vehicle accident lawyers at Goldberg & Rosen ready to take your case and push as hard as necessary to get you and your family fair and meaningful compensation from those responsible for your losses.
Our goal is to obtain full damages for all losses associated with your car accident.