Hialeah residents, unfortunately, have to deal with car accidents and their consequences often. The second largest city in the Miami area contributed heavily to Miami-Dade County’s 63,829 crashes, 29,758 injuries, and 362 deaths in 2023.
If you find yourself in a car accident in Hialeah, filing a claim can be an essential part of getting back on your feet. Continue reading to learn more about car accident claims and how an attorney can help you get fair compensation for your injuries.
What To Know About Hialeah Car Accident Claims
While car accident victims in Hialeah may be entitled to compensation, several laws and regulations in the city can complicate the process of filing a claim.
Insurance Requirements
Hialeah, Florida follows no-fault laws, which means that most minor accidents will end in both parties seeking compensation from their own insurance company, regardless of who’s at fault. To file a car accident claim against another party, your injuries must be serious.
Statute of Limitations
The Statute of Limitations limits the time you have to file a lawsuit in court. Throughout Florida, car accident victims usually have two years.
Comparative Negligence Standards
“Hialeah follows Florida’s modified comparative negligence standard,” explains Tommy Roebig, a triple board-certified trial attorney. “This law allows courts to hold both parties in an accident partly responsible and reduce compensation accordingly. Insurance companies follow this standard for compensation outside of court as well.”
Under the law, if you were judged 15% responsible for an accident, your total compensation would be reduced by 15%. If you were found more than 50% liable, you couldn’t receive compensation at all.
What Causes Car Accidents in Hialeah?
Northwest of Miami, Hialeah’s vibrant Cuban culture and stunning beaches bring the sixth-largest city in Florida much of its charm. However, Hialeah also has many characteristics that contribute to its high accident rate.
Common Hialeah-specific car accident risks include:
- Traffic to Miami: While Hialeah does have robust public transportation, many residents still drive to Miami for work, recreation, and to reach Miami International Airport, leading to heavy traffic and more accidents.
- Beach traffic: Hialeah is known for its stunning beaches, drawing Florida residents in large numbers and increasing the risk of traffic accidents.
- Hurricane season: So close to the ocean, Hialeah is vulnerable to hurricanes, which can cause heavy wind and rain, spill debris on the roads, and evacuation traffic congestion, leading to more accidents.
- Dangerous Intersections: Hialeah has several high-risk intersections. Some of the worst are Hialeah Gardens Drive and Okeechobee Road, West 49th Street and 20th Avenue, and West 57th Street and West 24th Avenue.
The Car Accident Claim-Filing Process
Filing a car accident claim in Hialeah generally includes the following steps.
- Document injuries and damages by photographing your injuries, vehicle damage, and the scene of the accident.
- File a police report by calling the cops right after the accident and cooperating with their investigation.
- Notify your insurance company immediately to inform them that you were in a crash.
- Gather evidence in one place, including witness contact information, medical bills, and your accident report.
- Seek legal advice by signing up for a free case review. You can get a better idea of what to do next and how a car accident attorney may be able to help.
The process of figuring out how to effectively negotiate adequate compensation, who to file a claim against, and the countless other details that may be involved in a claim can be intimidating to navigate alone, but the lawyers at Florin|Roebig are here to help, with over 30 years of experience acquiring record-breaking compensation amounts for their clients. Reach out today for a free case review.
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Hialeah, Florida Laws For Car Accident Cases
Hialeah follows the laws of the state of Florida and Miami-Dade County, which can both have a big impact on your car accident case.
Fault Determination Rules
When one driver fails to take proper care on the road, they’re considered negligent. Proving negligence is usually of utmost importance for proving fault in a car accident case. Common forms of accident-related negligence include being distracted, impaired, or ignoring local laws like the speed limit.
Insurance Coverage Requirements
Vehicles registered in Florida must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
The No-fault System
As a city under no-fault state laws, Hialeah usually requires drivers in minor car accidents to seek coverage from their own insurance policies—a first-party insurance claim—regardless of who’s at fault. However, accidents where someone was badly harmed due to the negligence of someone else usually lead to third-party insurance claims, where the injured person seeks compensation from the other party’s insurance company.
Third-party car accident claims require injuries that cause at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
Hialeah car accident victims may be able to seek compensation from more than one source.
- First-party personal injury claims: Comparatively fast and uncomplicated, this claim is available for injury-related expenses and lost wages from your own insurance policy, but it’s limited in amount and scope.
- Third-party personal injury claims: If you were severely harmed in an accident that was someone else’s fault, you may seek further compensation for losses like auto damage and pain and suffering by filing a claim with the at-fault driver’s insurance company.
- Personal injury lawsuits: Filing a personal injury lawsuit with the Miami-Dade County court may be necessary if you and the insurance company cannot agree on a reasonable amount of compensation. Eventually, a lawsuit will lead to a trial if no agreement is reached.
“Car accident attorneys become crucial when insurance companies refuse to pay you the compensation they should,” says Tommy Roebig. “My clients usually aren’t even aware of just how much compensation they’re entitled to. It’s an attorney’s job to let them know how much to expect and to fight on their behalf to get it.”
Fault In Car Accidents
In Hialeah, the driver responsible for causing the accident is considered “at fault.” To determine fault, insurers or courts usually look for signs of negligence such as traffic violations and reckless driving.
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Liability In Car Accident Cases
The party legally responsible for compensating someone harmed in a car accident is known as the liable party.
Car accident cases in Hialeah may use the following to help determine liability:
- Negligence: Someone who was negligent and primarily responsible for an accident is usually liable as well.
- Strict liability: In the case of a car accident caused or made worse by the malfunction of a car part, seatbelt, etc., strict liability may come into play—where an entity like a manufacturer is considered responsible for harm regardless of their intent or negligence.
- Vicarious liability: When one party is liable for the actions of someone else, they are vicariously liable. For example, an employer may be vicariously liable for an employee who causes a car accident while on the job.
Ways The Accident Can Impact Your Life
Car accidents can be painful in so many ways beyond your physical injuries. They can cause financial hardship, trauma, and grief for lost abilities and the loss of the way life used to be.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
While recovery from a serious car accident can be hard, the city of Hialeah offers many public and private and private resources and support options for accident victims.
Car accident resources in Hialeah may include:
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident personal injury attorneys
Car accident personal injury compensation exists to help victims get back on their feet and attorneys are available to help you get the full amount you deserve.
What To Do After A Car Accident in Hialeah
Dealing with the direct aftermath of a car accident isn’t easy and you may be overwhelmed, in pain, and scared. However, there are some best practices to follow after a car accident in Hialeah that can help you file a successful claim and recover as fully as possible.
After a car accident in Hialeah:
- Check for injuries and seek medical attention immediately for your health and to preserve evidence.
- Contact law enforcement to report the accident and get the cops to file a police report.
- Gather information at the scene of the crash like witness contact information.
- Document the accident scene by taking pictures.
How Florin|Roebig Can Help With Your Car Accident Claim
Over the past 30 years, the attorneys at Florin|Roebig have won their clients over $1 Billion in compensation in Hialeah and across Florida.
Florin|Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
Hiring an experienced car accident attorney can make all the difference when it comes to getting a fair settlement. Florin|Roebig is proud to have a team of record-setting and award-winning attorneys driven by a mission to get car accident victims the compensation they deserve. The experts at Florin|Roebig are more than happy to answer your case-related questions with a free case evaluation.
Frequently Asked Questions
How Much Does an Attorney Charge for a Car Accident in Hialeah?
Most car accident attorneys charge around 33% of your compensation. They don’t charge if you don’t receive compensation.
What Is The Average Settlement for a Car Accident in Hialeah?
The average car accident settlement in Florida often ranges in the tens of thousands but varies widely depending on several factors. It’s best to consult an attorney to get a realistic range for your specific case.
Should I Get a Lawyer After a Car Accident in Hialeah?
If you were harmed in a major car accident, it’s in your best interest to hire an experienced car accident attorney.
List Of Top-Rated Car Accident Lawyers Serving Hialeah
When you file a claim in the state of Florida, the stakes are often so high that having having representation from an experienced attorney who has a history of success is highly recommended.
For every year since the inception of the honor in 2010, Florin|Roebig has been selected as one of the “Best Law Firms in America” by “US News and World Report” and “Best Lawyers in America.”
Some of the lawyers at Florin|Roebig who serve clients in Hialeah include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- John J. Hart
- Chad K. Florin
- Michael A. Ossi, O.C.
With over 30 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases 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 seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Palm Beach Office
777 S. Flagler Drive
Suite 800
West Palm Beach, FL 33401
Filing a car accident claim can be an overwhelming experience, but it’s the best way to collect compensation following an accident that leaves you injured. If you’re thinking about filing a car accident claim, consult an experienced attorney as soon as possible.
Schedule a case evaluation today and explore your legal options with the experienced Hialeah car accident attorneys at Florin|Roebig.
