Representing Motor vehicle accident victims in and around Miami, FL
Auto accidents are the cause of far too many serious injuries in Florida. According to data provided by Florida’s Interchanged Report Exchange System (FIRES), 395,494 car accidents were reported in the state in the year 2016 alone. Collectively, these crashes resulted in more than 250,000 injuries, many of which were extremely severe, even life-altering. Miami-Dade County sees more than its fair share of highway collisions, with nearly 34,000 car accident injuries sustained in the county in 2016.
Car accident victims deserve full compensation for their damages. Unfortunately, holding the at-fault driver liable for your accident can be challenging. The big insurance companies are always looking out for ways to limit a victim’s financial recovery, sometimes even denying valid claims outright. This is where our experienced Miami car accident lawyers can help. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we are committed to helping injured victims fight for justice and the fair compensation they rightfully deserve.
What to Do After a Car Crash in Miami, Florida
Were you involved in an accident in South Florida? If so, it is normal to feel stressed out and unsure of what to do next. Unfortunately, it is relatively common for crash victims to make mistakes that actually undermine their own best interests. With the right approach, you can protect yourself and your family. Here are six key things to do after a serious car accident in Miami-Dade County, Florida:
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- Bring Your Vehicle to a Safe Stop and Exchange Information: Florida law requires all motorists to stop at the scene of a crash and exchange information with other parties involved in the collision. Among other things, this information includes name, address, driver’s license number, vehicle make & model, license plate, and insurance policy details.
- Get Medical Attention for Any Injuries (Emergencies Come First): A medical emergency always comes first. A person who needs emergency care should be transported to the nearest hospital without delay. All car accident injuries must be evaluated by a doctor. You need to protect your safety. Further, you cannot bring a claim without medical records.
- Report the Crash to State or Local Law Enforcement: In Florida, all injury crashes—as well as non-injury collisions with significant property damage—must be reported to the authorities. You should report your accident to state or local law enforcement, such as the Florida City Patrol, Miami-Dade Police Department, or the Miami Police Department.
- Try to Document the Crash (Gather Evidence): The more evidence you have, the better position you will be in to bring a car accident injury claim. Make an effort to proactively document your collision. Take pictures, get contact details for witnesses, and gather all relevant information.
- Notify Your Insurer—But Avoiding Giving a Recorded Statement: Subject to the terms of your auto insurance policy, you likely have a duty to notify your insurer that an accident happened. Failure to do so could undermine your claim. Give prompt notice of the crash to your insurer. However, you are not required and should not provide a recorded statement without a lawyer.
- Consult With a Miami Car Accident Attorney: Navigating the auto accident claims process can be challenging. You do not have to go through the system alone. A skilled accident attorney can protect your rights and help you secure financial relief. Contact our Miami, FL car accident lawyers for a free, no-obligation review of your case.
The Statute of Limitations for Car Accident Injury Claim in Florida
You must initiate a car accident injury claim before the statute of limitations expires. In Florida, auto accident injury cases are subject to a four-year statute of limitations. In effect, that means that you have four years from the date of the collision to file a lawsuit. However, you should never wait to get started with the legal claims process. Be proactive. Defendants and insurers waste no time in taking action to protect their interests. Do not fall behind. Consult with a Miami, FL car accident lawyer immediately after a major crash.
We Handle All Types of Car Accident Claim
Car accidents have many different types of underlying causes, regardless of why your accident occurred, you have the right to hold the negligent party liable for your damages by using a Miami car accident lawyer. Because different types of auto accident claims can involve different issues and bring different challenges, you should always work with a personal injury attorney who has prior experience handling your specific type of claim. Our Miami car accident attorneys have handled all types of highway accident injury claims, including:
What to Know About Proving Liability in a Car Accident Claim in Florida
Personal injury claims, including car accident injury claims, are controlled by state law. As such, your car accident case will need to proceed under Chapter 768.81 of the Florida statutes, also known as Florida car accident laws. This is specifically the state’s comparative fault law. There are two important things that all car accident victims need to know about this legal standard:
1. VICTIMS MUST PROVE NEGLIGENCE
In Miami car crash cases, fault is based on negligence. In other words, to hold another party responsible for your injuries, you must be able to prove their negligence contributed to your accident. Negligence is defined as the failure to take due care. In the vast majority of auto accident cases, a driver is the at-fault party. It is always best to prove negligence with the help of our Miami car accident lawyer cause of their knowledge of Florida law and the legal system.
Indeed, a comprehensive crash assessment study from Stanford Law School found that as many as 95 percent of all car accidents are caused by a driver’s error. When another driver’s unsafe actions cause your crash, you must be able to hold them liable. Driver negligence can come in many different forms; with some of the most common examples including:
• Following too closely;
• Drunk driving.
• Running red lights;
• Unsafe lane changes
• Running stop signs;
• Distracted driving; and
2. LIABILITY IS DIVIDED PROPORTIONATELY
Victims should also be aware that liability for their car crash will be divided proportionately. In some cases, apportioning liability is relatively simple. For example, if a distracted driver was unquestionably responsible for the entirety of your accident, then they would be held liable for 100 percent of the total accident damages.
However, dividing liability can be far more complicated for accidents that involve some type of shared fault. Indeed, in some cases, the crash victim might be partially liable for some of their own damages and medical bills caused by motor vehicle accidents. The distribution of liability is extremely important in shared fault accident claims because being held partially liable for a crash will reduce a victim’s ability to recover compensation.
For example, if you sustained $40,000 in total accident damages, but you were deemed to be at fault for 25 percent of your own crash, then, under the law, your accident recovery would be reduced by a corresponding 25 percent, or $10,000. Do not let yourself get unfairly blamed for an accident: Always work with an experienced car accident attorney who can fight aggressively to protect your rights.
Understanding Florida’s No-Fault Auto Insurance Laws
Florida is one of a minority of U.S. states that has a no-fault auto insurance law. In Florida, all motorists are required to buy and maintain no-fault Personal Injury Protection (PIP) coverage. Your initial car accident injury claim is through your own PIP policy regardless of how and why the collision happened. Florida Statutes § 627.7407 requires every driver in the state to carry a minimum of at least $10,000 in PIP coverage. In a crash in Miami-Dade County with minor injuries, your own personal injury claim may be through your own PIP insurance policy.
However, Florida law allows injured victims to go beyond the no-fault after a serious crash. In other words, you can file a fault-based personal injury lawsuit directly against a responsible party—a driver, a truck company, a vehicle manufacturer, etc—if you sustained a serious injury in a car accident in Florida. All injury crashes require a thorough investigation by an experienced attorney. Do not rely on an insurance company (even your own) to look out for what is best for you and your family. A car accident lawyer will protect your rights and interests.
Injured Victims Deserve Full Compensation
After you have established the defendant’s liability, your Miami auto accident case will move on to the issue of damages. Far too often, victims overlook this part of the claims process. In Florida, you must prove your damages to actually recover any compensation. Insurance companies will often try to undervalue your damages, attempting to limit their own financial liability. Do not let them get away with it.
Our South Florida auto accident attorneys have the skills and experience needed to help you get every dollar that you deserve. Depending on the specific circumstances of your claim, we may be able to help you seek recovery for:
• Damages to your vehicle;
• Other hospital bills;
• Long-term disability;
• Pain and suffering;
• Loss of lifestyle enjoyment.
• Emergency medical costs;
• Costs related to physical therapy;
• Lost current and future wages;
• Mental anguish;
• Loss of limb; and
Why Rely On the Miami Car Accident Attorneys at Dolan Dobrinsky Rosenblum Bluestein
The car accident claims process is complicated. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our firm has the professional skill that you and your family can rely on. We are proactive and focused on results. When you reach out to our Miami law office, you will have an opportunity to consult with a Florida car accident lawyer who can:
- Listen to your story and answer questions about the car accident claims process;
- Investigate the traffic collision, gathering all of the documents and evidence you need;
- Handle legal paperwork and any correspondence from the insurance companies;
- Advocate for you and your family in settlement negotiations with insurers; and
- Develop a strategy that is narrowly tailored to your unique needs.
As trial-tested personal injury advocates, our Miami car accident lawyers can take your claim as far as needed to help you secure the maximum compensation. We have a record of reviews from previous clients and successful verdicts and settlements. If you have any specific questions or concerns about your case. Our Miami auto accident attorney is ready to help.
You Can Always Afford Our High Quality Personal Injury Law Firm
The core philosophy of our firm is simple: We help injured victims seek justice. No matter your financial status, we are available to provide you high quality, aggressive legal representation. Our Miami car accident attorney will take your claim on a contingency fee basis. That means that there will be no upfront or out-of-pocket costs for you. Instead, we will recover our fee as a percentage of your settlement offer or successful injury verdict. We only get paid if we help you recover financial compensation. Our Miami personal injury lawyers are so confident that we can help our clients that we gladly take on all the financial risks involved with pursuing a claim. That is our personal injury law firm promise!
Car Accident FAQs
To learn more about the legal issues surrounding car accidents, please review the answers to some frequently asked accident questions below.
QUESTION: I was recently injured in a car accident and lawyers and/or their investigators are trying to have me hire them. Is this proper?
ANSWER: The short answer is no. It is not ethical for a lawyer or a person acting on behalf of a lawyer to solicit a client following an accident. If a lawyer is willing to violate ethical rules, you should not trust that lawyer to ethically represent you.
QUESTION: I was recently involved in a car accident, what should I do to protect my rights?
ANSWER: First, if you are injured make sure that you get the proper medical attention as soon as possible. Second, make sure you put your insurance carrier on notice of the accident, and third do not speak to anyone representing the other driver or the other driver’s insurance company until you have consulted with a lawyer. We handle cases on a contingency fee basis, so there is no fee for simply consulting with us.
QUESTION: I was involved in a car crash, do I have to see a doctor to bring a personal injury claim?
ANSWER: Yes. In Florida, you cannot successfully bring a personal injury claim for a car crash without medical records. Make sure you see a doctor as soon as possible after a serious collision. Getting prompt medical attention is important to protect both your health and your legal rights.
QUESTION: Won’t my insurance company protect me after my car accident?
ANSWER: That would be wonderful, but no, you cannot rely on any insurance company, including yours, to be on your side after an accident. The more severe your injuries, the less likely you are to be a good investment for an insurance company. If they can wriggle out of their obligation to pay your claims, they will do so. If they can trick you into agreeing to a lower settlement figure than you deserve, they will do so. Insurance companies like healthy, uninjured clients. Once you actually make a claim, you should treat the insurance company like an adversary.
QUESTION: Do I need a lawyer to handle my car accident case?
ANSWER: That depends on a number of factors. If your injuries were minor, it is possible that the insurance company will offer you a reasonable settlement even if you are unrepresented. In general, it is a good idea to speak to an attorney before signing anything from the insurance company. Many personal injury attorneys offer a free consultation and will tell you whether they can improve your position by taking the case. You can contact our experienced car accident lawyer today for your free consultation!
CONTACT OUR TEAM TODAY FOR A FREE CONSULTATION
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami car accident lawyers have helped many motor vehicle accident victims recover full and fair compensation for their injuries. If you were hurt in a car accident, please contact us today to schedule your free, no-obligation initial legal consultation. From our office in Miami, we serve auto accident victims throughout South Florida, including in Miami-Dade County, Broward County, and Palm Beach County.FREE CONSULTATION
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