Representing Motor Vehicle Accident
Victims in Miami, FL
Auto accidents are the cause of far too many serious injuries in Florida. According to data provided by the 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.
Auto 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 attorneys 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.
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We Handle All Types of Auto Accident Claims
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. That being said, different types auto accident claims can involve different issues. You should always work with a Miami personal injury attorney who has prior experience handling your specific type of claim. Our firm has handled all types of highway accident injury claims, including:
Proving Liability for a Miami Car Accident
Personal injury claims, including car accident injury claims, are controlled by state law. As such, your Miami car accident case will need to proceed under Chapter 768.81 of the Florida statutes. This is 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 accident 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.
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 Miami auto accident will be divided proportionately. In some cases, apportioning liability is relatively simple. For example, if a distracted driving was unquestionably responsible for your entire 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 their some of their own damages. 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.
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
You Can Always Afford Our High Quality Car Accident Attorneys
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 auto accident lawyers 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.
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 solicit a client following an accident. If a lawyer is willing to violate the 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: 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.
Contact Our Team Today
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we have helped many auto 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.
Trusting Words From Our Clients
“I have used Manuel Dobrinsky and he is more than excellent. Great communication. More than effective. It was a fantastic support for me having him during my process. Also I can say the best Lawyer I ever had.”J. Cordero
“I was not able to get anyone on the west coast of Florida to look at my case. Manny Dobrinsky took my case and won a settlement for me. He was very thorough and worked hard for me. His assistant Dameris was always there to help me and answer my questions. I was very pleased with this group.”Susan Curtis
“I endorse this lawyer's work. Manny is one of the brightest trial attorneys that I know. He is an incredibly hard worker and always strives to achieve the best results for his clients. He excels in the Courtroom as well. I would recommend him without reservation.”A. Weinstein
“The very best there is! Great, talented lawyers, considerate, your best at heart, true human beings.”Y. Garcia