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 top Miami car accident lawyers 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 auto 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 Miami car accident attorneys we have, to help prove that another person’s negligence caused the death of your loved one.
Miami car accident statistics
The consistently beautiful weather in Miami draws visitors from across the globe to enjoy the waterways, beaches, and countless recreational activities. With a population at approximately 460,000 and an annual growth rate of 1.47 percent, the city has a reported 15.86 million visitors arrive in the city who spend at least one night just between January and December. While this influx of visitors is vital part of Miami life, it also contributes to the staggering numbers of vehicle accidents in the area.
In a recently reported year, the statistics for Miami-Dade County reveal these facts:
- Total Crashes: 65,986, an increase of 2.99% over the earlier reported year
- Total Fatalities: 285, a decrease of 3.06% from the prior year
- Total Injuries: 32,389, a decrease of 3.03% from the prior year
Alcohol and drug use in Miami are often contributing factors in the high numbers of car accidents in the area:
- Alcohol Confirmed Crashes: 343, with a three year average of 360
- Alcohol Confirmed Fatalities: 11, with a three year average of 18 deaths
- Alcohol Confirmed Injuries: 178, with a three year average of 180
- Drug Confirmed Crashes: 9, with a three year average of 11
- Drug Confirmed Fatalities: 7, with a three year average of 8
- Drug Confirmed Injuries: 10, with a three year average of 11
Types of car accidents in Miami
Distracted driving conduct has become one of the leading underlying causes of serious or fatal car accidents. The Miami Herald reports that Florida’s distracted drivers rank as the second worst in America, coming in at 49 out of 50 states, and at 39 in overall driver safety. With Miami-Dade and Broward counties topping the list of the most dangerous counties in which to operate a vehicle in Florida, the causes of a large majority of the dangerous or deadly collisions include:
- Drug or alcohol impaired drivers
- Distracted driving
- Poor weather conditions
Do you know what to do if you're in a car accident?
If you have been in a collision, the actions you take after the fact can affect how a claim or lawsuit is resolved. After a car accident, follow these steps to protect your rights and interests:
Large scale accidents
A multi-car collision, or an accident involving a commercial truck, bus, or other large scale accident often results in serious or catastrophic injuries or loss of life. If you have been involved in such an accident, following these steps can save lives, and help to protect your right to fair compensation:
- Evaluate the condition of others in your vehicle
- Call emergency services
- Do not attempt to move an injured person unless they are in danger of suffering further injuries due to the circumstances
- Attempt to stop any excessive bleeding with a tourniquet or pressure while waiting for emergency services to arrive
- Do not admit fault
- Be respectful with EMT personnel and law enforcement
- Get medical assistance and inform the doctor you have been involved in a vehicle accident
- Undergo all prescribed tests and treatments
- Retain all copies of medical bills and other costs incurred
- Contact a car accident lawyer to assist you in filing a claim or lawsuit
Small scale accidents
- Evaluate your passengers and your own physical condition to ensure no serious injuries have occurred
- Move your vehicle to the side of the street, road, or highway if possible
- Take photographs of the vehicles, their position on the roadway, and any skid marks
- Remain calm, and do not admit fault
- Get all insurance information, name, address, and phone number of all others involved in the collision
- Gather contact information for any eyewitnesses to the accident
- Have a medical evaluation after the collision and inform the doctor you have been in an auto accident
- Contact a car accident lawyer to assist you in case of filing a claim or lawsuit
Feel free to call our office for more information.
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. An auto 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 auto 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.