Miami Car Accident Lawyer

Why Miami Car Accident Claims Are a Different Fight

Miami-Dade County logged 63,850 crashes, 361 fatalities, 29,775 injuries, 1,833 pedestrian crashes, 21,348 hit and run crashes in 2023. Nearly half of all motor vehicle accidents in Miami resulted in (29,775) personal injuries according to the FLHSMV. We see more collisions than most states.

Your case gets filed in Miami-Dade Circuit Court, the busiest civil court system in Florida. Judges carry massive caseloads. Delays are built into the process. Your attorney needs to know which judges move fast and which ones let insurance defense lawyers stall for years. These factors must be considered when determining your legal strategy.

Miami Crash Claims Are Unique

• Florida's no-fault PIP system caps initial medical coverage at $10,000. Serious Miami accidents requiring hospitalization can exceed coverage in one ER visit at Jackson Memorial or Baptist Hospital
• Uninsured driver rates in Miami-Dade run significantly higher than the state average. One in four drivers on these roads carries no coverage at all
• Tourist and rental car accidents flood the system. Out-of-state drivers, international visitors, and rental company liability create multi-party disputes that local-only crashes never involve
• The Palmetto Expressway, Dolphin Expressway (836), and US-1 from Homestead to downtown consistently rank among the deadliest corridors in South Florida
• Express lane diving on I-95 in South Florida leads to multiple car accidents every year

Insurance carriers know Miami juries. They know bilingual proceedings take longer. They know certain adjusters can exploit language barriers during recorded statements to twist your words and shift blame.

The March 24, 2023 Florida Fault Rule Changed Everything

What most Miami drivers do not realize that the negligence rules changed in 2023. Florida's comparative negligence reform in 2023 changed how accidents are handled so that if you are found more than 50% at fault, you now recover nothing. Before that law, you could recover something at any fault percentage. Insurance adjusters in Miami-Dade are aggressively exploiting this new threshold on every single claim.

Our Miami car accident lawyers handle cases across Miami-Dade, Broward, and Monroe counties and have handled car accident cases against State Farm, Geico, Progressive, aren't afraid to take on the City of Miami, and others.

How Can A Miami Car Accident Attorney Help You Pursue A Fair Settlement?

In Florida, several factors can significantly impact your auto accident claim and the potential compensation you receive. Here are some key legal aspects to consider:

The Insurance Company:   The insurance companies aren't likely to provide you fair compensation over what you went through. The insurance companies behave differently when handling personal injury claims, depending on the specifics of the case and the strategies they employ to minimize payouts. The insurers represent themselves and work to reduce what they have to pay, don't expect a fair payout without a fight.

Investigating What Happened:   Your legal representation will help ensure you collect and secure the necessary evidence to build a strong case. Your attorney will gather evidence, including police reports, witness statements, medical records, and expert testimony, to prepare your case and to document the other party's liability and the extent of your injuries.

Comparative Negligence:   Florida is a modified comparative negligence state as of March 24, 2023 under HB 837, meaning the state allows you to file a lawsuit to recover damages even if you share responsibility for the crash, so long as you are less than 51% at fault. Accident victims in Florida are required to establish the proximate cause for their injury when filing lawsuits.

Statute of Limitations:   In Miami, the statute of limitations for motor vehicle accidents is two years from the date of injury. You must take legal action or file a personal injury lawsuit within the deadline or risk losing your right to compensation. Your legal representation will ensure all paperwork is properly filed and all filing deadlines are met and help you navigate the complex legal process.

Courtroom Representation:   The majority of personal injury claims settle pre-trial without the need to go to court. To take your case to court requires careful preparation and legal strategy. Not every law firm has the means or the experience to take a case to trial. The reputation of our plaintiff's attorneys for having a willingness to fight if necessary and the expertise to win puts the insurance companies on notice. We aren't afraid to take legal action if they refuse to pay.

Every case is unique. Get legal advice from a skilled personal injury attorney to learn your legal options now.

Types of Compensatory Damages a Car Victim May Qualify For

You may be entitled to claim various damages after an auto accident to compensate for your losses.

• Medical Expenses - Including emergency treatment, hospital stays, ongoing treatment, and all crash-related medical bills.
• Pain and Suffering - Florida law allows for the recovery of pain and suffering damages conditioned upon how injured the victim.
• Physical Impairment - If you lose the ability do things because of bodily restriction resulting from your accident injuries.
• Significant Property Damage - This can include property damage to vehicles, cargo, or surrounding property.
• Lost Wages and Future Income - If your injuries impair your ability to work a calculation of the lost past and future wages may be recoverable.
• Long-term Injury and Disability - Damages resulting from injuries causing permanent impairment, disfiguring, or debilitating harm.
• Loss of Consortium - Financial consideration for the loss of a spouse in a fatal accident or for the impact physical injuries have on a marital relationship.
• Disfigurement - Compensation for for severe burns, disfiguring scarring, and limb loss suffered by the victim.
• Mental Anguish - Potential recovery for mental and emotional injuries suffered as a result of the traumatic event. Mental anguish claims can seek compensation for the stress and anxiety the wreck caused.

The amount your car accident lawsuit may be worth depends on a variety of factors. In our experience, the more severe the injuries of the victim the higher a settlement may be called for. During your free initial consultation you will be able to review the unique circumstances of your case and get an estimate of how much your case may be worth.

Miami Rental Car Accidents

Miami sees more rental car accidents than almost any metro area in the country. Millions of tourists pick up vehicles at MIA every year to visit our beaches, Brickell, Wynwood, the keys, and other destinations. Many have never driven in South Florida traffic and aren't prepared for the unique hazards. They do not know the roads, the aggressive driving culture, or Florida's no-fault insurance rules. This leaves Miami crash victims chasing compensation across multiple policies, multiple states, and multiple insurance carriers simultaneously.

Rental car insurance coverage is a challenge after a crash. Here's what you need to know:

• The rental company's liability is capped. Florida's Graves Amendment (49 U.S.C. § 30106) shields rental companies like Hertz, Enterprise, and Avis from vicarious liability in most cases
• The tourist's out-of-state auto policy may not cover Florida claims. Coverage limits and rules vary by state. What works in Ohio does not automatically apply in Miami-Dade
• Credit card rental coverage has exclusions. Most credit card "free rental insurance" excludes injury claims entirely. It only covers vehicle damage
• The at-fault driver may have declined all optional coverage at the rental counter. No bodily injury policy. No supplemental liability. Just a $10,000 PIP minimum that can be exhausted after one ER visit at Jackson Memorial

We represent clients injured by drivers operating rental vehicles, as well as individuals who were hurt while driving a rental car themselves. We can represent out of state and international visitors who suffer injuries in Florida, if you are a foreigner to Florida and suffer an injury you have the right seek compensation.