Accidents happen every day in Florida, including in the town of Cutler Bay, where roads can be full of locals and vacationers alike. If you or someone you love has been injured in a car accident in Cutler Bay, Florida, you may be entitled to compensation.
If you are considering filing a car accident claim, hiring an attorney to represent you in court is highly recommended. The experienced lawyers at Florin|Roebig are here to help you through every step of this complicated process.
What To Know About Cutler Bay Car Accident Claims
A car accident claim is filed to collect damages for injuries or damaged property. This can include medical expenses, lost wages, and pain and suffering.
Common misconceptions regarding car accident claims:
- You can file a claim whenever you want
- You will not be able to afford a car accident attorney
- You have to accept whatever settlement offer you receive
- If you have insurance, you do not need an attorney
- You have to file a lawsuit to get compensation for an accident
- You cannot file a claim if you only had minor injuries
- The at-fault driver’s insurance will cover everything
Car accident statistics for Miami-Dade County, where Cutler Bay is located:
- There were 63,823 car accidents in Miami-Dade County in 2023.
- 362 fatalities resulted from a car accident.
- 29,757 injuries occurred as a result of a car accident in Miami-Dade County.
The Car Accident Claim-Filing Process
After you have been involved in an auto accident, it is important to contact your insurance provider to begin your car accident claim as soon as possible.
The following are the primary steps you should take when you are ready to begin your claim:
- Get proof for your car accident claim: Collect pictures and recordings of the accident scene.
- Review your insurance policy: Read over your insurance policy and make sure you understand what is covered and what you will be responsible for yourself.
- Contact a Florin|Roebig accident attorney: Hiring a personal injury attorney can be very beneficial in ensuring your insurance company cooperates, even if the rest of your case is straightforward.
- Collect the police report. The police report is a valuable document for your car accident claim because it is the official opinion of what happened in the car accident, including who is at fault and who is liable.
- Contact your insurance agent. Contacting your insurance company quickly ensures that your claim is investigated and processed sooner rather than later.
Do not be surprised if an insurance adjuster is sent to examine the collision in person on behalf of your insurance company. An insurance adjuster decides how much your insurance company should reimburse you for the accident.
“It is important that car accident victims understand that insurance adjusters are trying to save their employer money. Residents of Cutler Bay should hire a personal injury attorney to ensure that they are acting in good faith,”
–Chad K. Florin, one of the leading attorneys of Florin|Roebig.
Cutler Bay, Florida Laws For Car Accident Cases
The two most noteworthy car accident laws are the statute of limitations for personal injury claims and the laws determining fault in a car accident.
A statute of limitations refers to how long an auto accident victim has to bring a claim against the at-fault driver. The statute of limitations for car accident claims is four years in Florida. If you miss this deadline, you risk having your claim automatically denied.
Another law that needs to be considered is determining fault. The state of Florida follows a “no-fault” system, which means all registered Florida drivers must have personal injury protection insurance (PIP) to cover the cost of injuries and property damage, regardless of who is responsible for the accident.
Fault In Car Accidents
Many different factors go into determining fault, but in most cases, the driver at fault for an accident is the negligent driver. Negligence is when a motorist generally does something that results in an accident.
In many cases, finding fault in car accidents is not always straightforward. The courts will take all of these factors into account when determining fault or who can be held liable.
The following are some of the factors that affect fault in car accidents:
- If one of the drivers was negligent.
- If a driver was under the influence of alcohol or drugs.
- If the road conditions were conducive to an accident.
- If the weather itself could have caused an accident.
- Whether or not the car malfunctioned due to a manufacturer error.
For example, If a driver fails to stop at a stop sign, the driver may be considered at fault due to their inability to obey traffic laws.
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Liability In Car Accident Cases
Understanding fault and liability in accidents can be challenging. For example, a car manufacturer could be strictly liable for faulty brakes, while a construction company might be liable for leaving obstacles on the road. Courts consider various factors when deciding fault and liability. Our personal injury attorneys at Florin|Roebig can help you reach a fair settlement.
Consideration Of Negligence, Degree Of Fault
Some terms you are likely to hear when dealing with the aftermath of a car accident are “negligence” and “degree of fault.” Negligence refers to any conduct or action that leads to injury, damaged property, or other related outcomes.
Texting in Florida and America has become one of the biggest sources of negligence in driving.
“Texting and driving has become a serious concern and one of the leading forms of negligence on American roads.”
The following are the most common types of negligence in personal injury claims filed by car accident victims:
- Gross negligence: Refers to serious disregard for the safety of others or for traffic laws that result in an accident. Gross negligence must usually occur to file a claim for car accident injuries.
- Comparative negligence: This is a negligence system that most states use. It considers a person’s level of blame for the accident in comparison to the fault of others. Each party is assigned a percentage of fault, and damages awarded are adjusted accordingly.
- Contributory negligence: You are not able to file a car accident claim to seek payment if you are found to be even 1% at fault for the accident.
In most cases, the person at fault in your car accident will be very obvious, but unfortunately, finding fault is not straightforward in most cases.
Here is what’s important to understand about fault in car accidents:
- You can still recover damages in no-fault states. There is a chance you may still be able to receive a settlement for your injuries if your injuries surpass your personal injury protection (PIP) policy.
- Your level of fault may reduce your settlement. You can file a claim against the negligent driver, but your percentage of fault will reduce your amount of compensation. So, if you are assigned a 30% fault, you will receive a settlement amount of less than 30%.
- Fault may bar you from claiming damages in some states. In a contributory negligence state, you cannot file a claim if you are found to be at fault in any way.
Our team of personal injury lawyers understands these concepts can be difficult to understand if you are not a lawyer. If you or a loved one have questions about fault or negligence, contact the law office of Florin|Roebig.
Ways The Accident Can Impact Your Life
Car accidents can have many far-reaching consequences that go beyond the accident itself. Some of the ways an accident can impact your life include:
- The loss of your job
- Lost income potential
- Loss of transportation
- Loss of independence
- Pain and suffering costs
- The development of post-traumatic stress disorder (PTSD)
- Loss of companionship
- Modifications to your living space or transportation to adapt to severe or permanent injuries
At Florin|Roebig law firm, our lawyers have helped our clients rebuild their lives with the millions in case awards won for our clients due to injuries.
What To Do After A Car Accident in Cutler Bay
Understanding what you need to do after being involved in an accident can offer important guidance for you and your family when collecting proof to support your claim. If you or a family member has been injured in a car accident, follow these steps:
1. Seek Medical Care
Check for signs of injury to ensure you and your passengers are okay. If there are any injuries, call 9-1-1 immediately. Minor injuries need to be properly evaluated by a medical expert to ensure proper care.
Make sure you hang onto any medical records and medical bills you receive due to the accident. These documents will be helpful when you are building your case.
2. Collect Contact Information
It is important to get the contact information of all the drivers involved in the accident and give them your insurance in return. Also, note if there are any uninsured drivers.
Information to gather includes:
- Names
- License plate numbers
- Driver’s insurance information
- Phone numbers
- Driver’s license numbers
3. Call The Police
Reporting an accident to the police ensures you get a police report, which you can use as official documentation of the auto accident and your recorded statement. These accident reports can serve as valuable evidence to support your claim.
4. Get Photos Or Videos
It is important to record the auto accident scene as soon as you and your passengers are safe and away from dangerous traffic or debris. It is important that the video includes the time and location of the accident.
Take pictures of your injuries, automobile damage, vehicle positioning, and license plates. Every detail of the car accident scene can help support your claim by helping you document the extent of your injuries and other damages.
5. Report The Accident To Your Insurance Company
When you have received proper medical care and have been cleared by the police, you will need to contact your insurance provider to report the accident and begin your insurance claim. Florin|Roebig’s attorneys are always available for a free case consultation.
6. Contact A Florin|Roebig Car Accident Lawyer
Hiring an experienced car accident attorney is a very important decision to make after an accident. Hiring a personal injury attorney can help you know what to say or not to say on an insurance claim, evaluate all the damages, and ensure you are filing for the highest amount possible.
How Florin Roebig Can Help With Your Car Accident Claim
When you hire a personal injury attorney, you ensure you do not make any mistakes that could harm your car accident claim. The law offices of Florin|Roebig are available to give free consultations and case evaluations today.
The following are advantages that you would gain by hiring a Florin|Roebig car accident attorney:
Car Accident Case Experience
At Florin|Roebig, our car accident attorneys have over four decades of knowledge of handling car accident injury claims and hundreds of satisfied clients.
A Strong Personal Injury Claim
You can greatly increase your chances of winning a substantial settlement by hiring a personal injury lawyer with a strong background in representing personal injury cases. The attorneys of Florin|Roebig have over forty years of experience representing car accident claims and are ready to walk you through the often complicated claims process.
Negotiating A Fair Settlement
Unfortunately, insurance companies are known for not wanting to pay settlements they should. Hiring a personal injury attorney can ensure your insurance company acts in good faith. When you hire a Florin|Roebig attorney, you can have a legal professional negotiate with your insurance company on your behalf.
Practical Advice for After a Car Accident
The aftermath of an auto collision in Cutler Bay can be messy and chaotic, making it difficult to know what to do. The following are some practical steps to keep in mind when dealing with the aftermath:
- Seek medical attention immediately: If you have serious injuries, emergency medical technicians may check you out on the scene and then release you with instructions to get a follow-up or take you to the ER by ambulance.
- Collect evidence immediately: Collect photos and videos of the accident scene, and you can also video witnesses giving their take on the accident.
- Contact your insurance company: Before you call your representative, make sure you have everything you need on hand: your policy information, medical reports, medical bills, estimates from an auto repair place, and the contact information of the other driver involved.
- Protect your legal rights: It is critical that you do not take the blame for the accident, as this could affect your settlement. Contacting a Florin|Roebig attorney will be extremely helpful in this area.
Frequently Asked Questions
The following are some of the most commonly asked questions by people involved in an accident in Cutler Bay, Florida.
Should I hire an attorney after a car accident in Florida?
Although it is possible to handle your personal injury claim on your own, it is a good idea to hire a car accident lawyer or personal injury attorney to handle your case. This ensures that your case is strong and solid when you submit it to your insurance company or a court.
How much does an attorney charge for a car accident in Florida?
Many car accident attorneys will charge by the hour for a car accident case. However, the personal injury attorneys of Florin|Roebig work on a contingency fee basis. This means you do not have to pay anything upfront, and we only get paid if we win your case.
How long does it take to settle a car accident case in Florida?
The average time it takes to settle a case with your insurance company in Florida is four to six weeks. However, if your car accident case is more complicated, it can take much longer. It is important to hire an attorney to help ensure your insurance company cooperates.
How much are most car accident settlements in Florida?
The average car settlement in Florida is between $5,000 to $30,000, although if the damages are significant the amount of the settlement can increase.
List Of Car Accident Attorneys Serving Cutler Bay
At Florin|Roebig, we understand that every car accident claim is unique. We also know that the outcome of the claim makes a huge difference in the life of the client. Our team is dedicated to making sure every client has the best chance of a successful outcome in court.
We serve clients across the state of Florida.
Members of our legal team who can handle claims in Cutler Bay include the following experienced attorneys, as well as many others:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Luca G Esposito
- Shaun M. Cummings
For every year since the inception of the honor in 2010, the Florin|Roebig law offices have been selected as one of the “Best Law Firms in America” by “US News and World Report” and “Best Lawyers in America.”
Other practice areas Florin|Roebig specializes in which are available to the Cutler Bay and South Florida area include:
- motorcycle accidents
- premises liability
- truck accidents
- wrongful death
With over 30 years of experience, our personal injury law firm has successfully won over $1 billion in settlements from claims by providing our clients with high-quality legal representation.
We Are Nationally Awarded Lawyers
How to Get Help from Florin Roebig Attorneys
If you are interested in a consultation with the Florin|Roebig law firm, there are a few different ways to contact our offices:
- Visit florinroebig.com to request more information
- Call our phone number 24/7
- You can also email us with any questions at [email protected]
Should I Contact An Attorney For A Car Accident?
Being involved in a car accident is never easy, but the situation can be even more difficult when you are left with expenses you can’t afford. If you have been a victim of someone else’s negligence, the qualified personal injury lawyers at Florin|Roebig are here to help. Please contact the law offices of Florin|Roebig today for a confidential and free consultation about your injury claim in Cutler Bay.