We Fight for the Rights of Car Accident Victims in Key Biscayne
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne car accident attorneys are committed to fighting for justice for victims and families. With over $1 billion covered for victims across our practice areas, our mission is to help clients get the best outcome. If you or someone close to you was involved in a bad crash, our Key Bicayne car accident lawyer and Miami car accident attorney are here to help. Contact our Key Biscayne car accident lawyer today for a free, confidential consultation.
What to Do After a Car Crash in Key Biscayne, FL
Were you involved in a motor vehicle crash in Key Biscayne? The immediate aftermath of the crash can be hectic, even chaotic. It is crucial that you know what to do to protect yourself and your rights. Here are key steps to take after a motor vehicle wreck in Key Biscayne:
- Stop Your Car: In Florida, all motorists who were involved in a crash have a duty to stop their vehicle, stay at the scene, and exchange information with other drivers.
- Report the Crash: The crash must be reported to law enforcement. Contact the Key Biscayne Police Department or other law enforcement agency.
- Seek Medical Care: Even if you feel okay, some injuries—like whiplash, back pain, or a concussion—may not show symptoms right away. Florida’s no-fault insurance law requires you to seek medical attention within 14 days to qualify for PIP benefits.
- Document the Scene: Even though Florida has a no-fault insurance law, it is imperative that you document the scene of a crash in Key Biscayne. You should take pictures, get witness contact details, and write down what happened.
- Notify Your Insurer: You should report the crash to your insurance company promptly to start the claims process and preserve your PIP benefits. You should stick to the facts and avoid giving recorded statements until you have spoken to a personal injury lawyer.
- Consult With a Lawyer: Car accident injury claims are complicated. Before dealing with the other driver’s insurer or agreeing to a settlement, speak with an experienced Key Biscayne, FL auto accident attorney.
An Overview of Car Accident Liability in Florida (The Importance of Negligence)
Our state has some unique auto accident laws. Indeed, Florida is a no-fault car insurance state. That means after a crash, you typically turn to your own insurance company first—regardless of who caused the accident—to cover certain expenses. Notably, your no-fault claim is made through your Personal Injury Protection (PIP) coverage. Every driver in Florida is required to carry a minimum of $10,000 in PIP coverage as part of their auto insurance policy. To qualify for PIP benefits, you must seek medical care within 14 days of the crash. If you do not, you could lose access to those benefits.
Florida does have a fault-based car accident claims process for “serious” injuries. Indeed, if your injuries are considered “serious” under Florida law—which includes such as permanent injuries, significant scarring, or disfigurement—you can step outside the no-fault system and file a personal injury lawsuit against the at-fault driver for additional damages. Through a fault-based claim, you can seek financial compensation for pain and suffering. Every serious crash in Key Biscayne should be thoroughly investigated by an experienced car accident attorney.
A modified comparative fault standard applies to fault-based car accident claims (Florida Statutes § 768.81). For example, imagine that you were involved in a bad crash at an intersection in Key Biscayne. If you suffered $60,000 in damage and were found 20 percent responsible for your own crash, you would be liable for $12,000 of your own damages. In other words, your financial recovery would be limited to $48,000. Under Florida’s modified comparative fault standard, you would be barred from recovery if your fault is 51 percent or higher.
A Two-Year Statute of Limitations for Car Accident Injury Claim in Florida
Car accident injury claims are time-sensitive. Under Florida law (Florida Statutes § 95.11), there is a two-year statute of limitations for fault-based car accident injury lawsuits. Only very limited exceptions apply. What happens if you do not file your lawsuit with an experienced car accident lawyer in a timely manner? You could miss out on your chance to get financial compensation at all from your car accident in Miami. Do not fall behind in the personal injury claims process: Speak to a Key Biscayne, FL car accident attorney and Miami personal injury lawyers right away after a bad crash.
We Fight for the Maximum Compensation for Car Accident Victims in Key Biscayne
In Florida, car accident victims have the right to seek compensation for economic losses and non-economic damages. With that being said, car crash victims in Key Biscayne cannot rely on any insurance company to look out for their rights and their interests. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne car accident lawyers and Miami car accident lawyers fight for the maximum settlement or verdict for clients. Your rights matter, so you deserve the best car accident lawyer to handle your personal injury cases and motor vehicle accident claims. Through a car accident claim in Key Biscayne, you may be entitled to recover compensation for:
- Property damage, including vehicle repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Rehabilitative medical care;
- Loss of wages and loss of earning potential;
- Pain and suffering & emotional distress;
- Long-term disability; and
- Wrongful death of a family member.
How Our Key Biscayne Motor Vehicle Crash Lawyers Can Help
Car accident injury claims are complicated. If you were hurt in a bad crash, it is imperative that you have strong, experienced legal representation through each and every stage of the claims process. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we put the rights of victims and families first. The testimonials from our former clients tell the story best. Our Key Biscayne car accident lawyer and Miami auto accident lawyer is always proactive. Along with other things, our Key Biscayne auto accident attorney and Miami auto accident attorney is prepared to:
- Hear what you have to say and answer your legal questions;
- Investigate your crash in Key Biscayne—gathering relevant evidence;
- Represent you in settlement discussions with the insurance company; and
- Develop a strategy focused on maximizing your financial recovery.
We Fight for the Best Case Results for Injured Victims
For car accident victims in Key Biscayne, there is nothing that is more important than results. You need to be able to get through the claims process with the most favorable possible settlement or verdict. We are devoted to fighting for justice for our clients. Our case results show what we can do for car accident victims in Key Biscayne. Recent settlements/verdicts include:
- $6.5 million for a man who has his left amputated after being struck by a tourist in a rental car—and amount far above the policy limit;
- $4 million for the family of a man killed in an auto accident with a company vehicle; and
- $1.75 million for a pedestrian struck while jogging whose claim was initially denied in bad faith by the insurance company.
Car Accident Claims in Key Biscayne: Frequently Asked Questions (FAQs)
Should I See a Doctor After a Car Accident in Key Biscayne?
Yes. Absolutely. You should always see a doctor as soon as possible after a car accident—even if your first instinct is that you feel relatively alright. Some common car accident injuries, such as whiplash and concussions, are well-known to arise with a delayed onset. You may not feel the full effects for 48 hours, 72 hours, or even longer than that. In Florida, you must seek medical treatment within 14 days of the crash to qualify for Personal Injury Protection (PIP) benefits. Seeing a doctor creates a medical record, That is critical evidence for any insurance claim.
Do I Need to File a PIP Claim First in Florida?
Yes—at least in the vast majority of cases. Florida is a no-fault state, which means you typically begin by filing a PIP claim with your own auto insurance provider—regardless of who caused the accident. PIP covers up to 80 percent of your medical bills and 60 percent of lost wages, up to $10,000 for most types of policies. Only if your injuries are deemed “serious” under Florida law can you step outside the no-fault system and pursue a liability claim against the at-fault party.
How Do I Know If My Injury is “Serious” for a Fault-Based Car Accident Case?
Under Florida law, an injury is considered “serious” if it results in permanent disability, significant scarring or disfigurement, or the loss of an important bodily function. Meeting this threshold allows you to file a fault-based personal injury lawsuit for damages beyond what PIP covers, such as pain and suffering. A medical evaluation is key to determining and documenting the severity of your injury. Do not assume that you are ineligible to bring a fault-based claim. You should set up a free consultation with an experienced Key Biscayne car accident attorney.
What Does Negligence Mean in a Car Accident Case?
Negligence is an important legal concept. It refers to a party’s failure to exercise reasonable care in a manner that causes harm to another. In a car accident, a driver may be negligent if they violated traffic regulations, engaged in distracted driving, failed to yield, or acted recklessly in a wide range of other ways. Notably, proving negligence requires showing that the other driver owed you a duty of care, breached that duty, and caused your injuries as a consequence.
How Does Comparative Negligence Work in Florida?
Florida uses a modified comparative negligence system with a 51 percent bar. If you are found to be partially at fault for the crash, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50 percent responsible, you cannot recover any damages from the other party. Here is an example: If you are 20 percent at fault for a crash in Key Biscayne, you would be liable for 20 percent of your own damages. A single percentage point of fault could represent many thousands of dollars after a serious crash.
Should I Sign a Release for My Medical Records?
You should speak to a lawyer before signing any document. Insurance companies may ask for broad access to your medical history—not just accident-related records. The records can be used to argue that your injuries were pre-existing or not as severe as claimed. While some release of medical records is necessary to process your claim, your Key Biscayne, FL car accident attorney can ensure that only relevant documents are provided.
Will My Car Accident Case Be Settled?
It might. The reality is that most car accident cases in Florida settle before going to trial. Indeed, trials for car accidents and drunk driving accidents are relatively uncommon. However, whether your case settles—and for how much—depends on the strength of the evidence, the extent of your injuries, and the insurance company’s willingness to cooperate in a good faith manner. Our Key Biscayne car accident lawyer can help you navigate the complexities of insurance settlement negotiations.
Should I Accept the Insurance Company’s Settlement Offer?
It depends on the value of the insurance company’s settlement offer and the true value of your case. Do not agree to settle a case for less than you deserve. You have the right to negotiate for additional financial compensation. A top-rated Key Biscayne car accident attorney can help.
We Represent Car Accident Victims in Key Biscayne On a Contingency Fee Basis
You can always afford to hire the best car accident attorney. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we represent auto accident victims in Key Biscayne on a contingency fee basis. That means our firm never charges clients upfront costs or hourly bills. If you do not get paid, then we do not collect any legal fees. Our firm will take on all of the risks of bringing your case. Your initial consultation with our Key Biscayne, FL car accident lawyer is free and fully confidential.
Contact Our Key Biscayne Auto Accident Attorney for a Free Case Review
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Key Biscayne car accident attorney is standing by, ready to protect your rights and your interests. Hurt in a motor vehicle crash? Contact us right away for your free, no obligation initial consultation. We represent motor vehicle accident victims in Key Biscayne, Miami-Dade County, and throughout the wider region in South Florida.