Boasting a population of 6.14 million, Miami is one of the largest, most famous cities in the US. It is known for its year-round warm weather, beaches, diverse culture, and thriving shopping and tourism districts. However, as the second-most visited city in the U.S. and one of the most heavily populated, it’s not surprising that Miami also has some of the worst traffic in the world, ranking 9th in a 2022 global report.
In 2023, all of that traffic resulted in 63,837 crashes, leading to 29,764 injuries and 362 deaths. If you were in a Miami car accident, you know how disruptive and potentially devastating these incidents can be. Injury victims may lose time from work, need repairs to their vehicle, or require ongoing medical care. Thankfully, you may be able to file a car accident claim for monetary compensation, and experienced car accident attorneys can help you get the most from your claim.
The Car Accident Claim-Filing Process
Filing most auto accident claims in Miami involves the following steps.
- Document injuries and damages: Take pictures of your injuries, vehicle damage, and the accident scene.
- File a police report: Call the cops while you’re still at the scene of the accident if you can. The police will file an incident report, which you can later use as evidence in your claim.
- Notify your insurance company: Let your insurance company know about the accident as soon as possible.
- Gather evidence: Store pictures, your accident report, medical bills, and other potential evidence in one safe physical and digital location.
- Seek legal advice: Reach out to law firms that offer a free case review to get guidance on what steps to take next and whether you would benefit from hiring a lawyer.
The Importance of Hiring a Car Accident Lawyer
Hiring a car accident lawyer can make a difference in thousands or even millions of dollars in a car accident case, winning you the compensation you deserve to cover your injuries and other losses, and helping you get justice.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
“Insurance agencies are notorious for offering unfairly low compensation to car accident victims. They have an incentive to pay as little as possible. A car accident lawyer’s job is to take all of the facts and evidence of the case, determine a suitable range of compensation based on their client’s losses, and argue the facts to win as much of that compensation as possible.”
– Triple board-certified attorney, Tommy D. Roebig
Florin|Roebig’s car accident lawyers have over 130 years of combined legal experience that they use to assist and protect the rights of their clients. Their board-certified attorneys have obtained some of the largest jury verdicts and settlements in the state of Florida, and because of this, Florin Roebig is not only trusted by their colleagues and other attorneys to manage their legal trials but also by local and international celebrities. Reach out to Florin|Roebig’s experts today for a free case evaluation.
State Laws For Car Accident Cases
Miami follows Florida and Miami-Dade County laws, which can impact your car accident case in several ways.
Fault Determination Rules
In Miami-Dade County, fault describes who caused the accident and someone’s resulting injuries. Insurers or courts determine fault by looking for acts of negligence (carelessness) or, more rarely, intent. Common types of negligence in Miami include driving while impaired (by alcohol, drugs, lack of sleep, etc.), distracted driving, and driving recklessly.
Insurance Coverage Requirements
All Florida-registered vehicles 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
Florida’s no-fault system helps Miami process its many car accident cases more quickly by requiring all state-registered vehicles to have certain insurance coverage. When an accident occurs, all parties involved turn to their own insurance (a first-party claim) automatically to take care of injuries, regardless of who was at fault.
That said, if one driver was at fault and caused vehicle damage or serious bodily harm, the victim may be able to file a third-party claim, demanding 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
Miami car accident victims can seek compensation in a few ways.
- First-party personal injury claims: Claims filed with your own insurance company. They are usually easier to get and can cover medical bills and related expenses, but may only cover a limited amount monetarily.
- Third-party personal injury claims: Claims filed against the at-fault party’s insurance company. While they can lead to much more compensation for serious injuries and other losses, they are generally much harder to get.
- Personal injury lawsuits: If you can’t negotiate a fair compensation amount with an insurer, you’ll need to file a lawsuit with the Miami-Dade County court. This kickstarts the process of a trial, which insurers want to avoid, and pressures them to reach a deal out of court. If you do go to trial, a jury or judge will decide if and how much compensation you receive.
Fault In Car Accidents
In Florida, all parties involved in an accident can legally share a percentage of the fault. Courts—and by extension, insurers—usually look for evidence of negligence to determine fault, seeing if a driver performed actions like disobeying traffic laws, driving recklessly, or driving while distracted.
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Liability In Car Accident Cases
Liability describes who’s legally responsible for compensating someone harmed in a car accident.
Car accident cases in Miami may use the following to help determine liability:
- Negligence: Negligence usually determines who’s primarily at fault in an accident and therefore, who’s liable for compensation.
- Strict liability: Sometimes an accident might be caused or made worse because part of a vehicle like the engine or seatbelt didn’t work as intended. In this case, the manufacturer or another entity may be strictly liable for compensating anyone harmed in the accident—that is, they’re held legally responsible even if they weren’t negligent.
- Vicarious liability: If an accident involves an at-fault on-the-job employee, their employer may be liable for compensating victims in the crash. A case like this, where one party is responsible for compensation due to someone else’s actions, is known as vicarious liability.
Consideration Of Negligence And Degree Of Fault
All Florida courts follow a modified comparative negligence approach to car accident cases, which means the following:
- Multiple people can be at fault for an accident.
- If you’re assigned a percentage of fault, your total compensation will decrease by that percentage.
- If you’re more than 50% at fault, you cannot collect any compensation.
“If you’re judged to be 15% at fault for your injuries because, for example, you failed to signal during a turn, and you were awarded $100,000 in compensation, you’d only be granted $85,000 under Florida’s modified comparative negligence rule,” explains Tommy Roebig.
Experienced attorneys will use evidence such as witness testimonies, expert opinions, and photos and video from the accident to make the strongest case in your favor and get you maximum compensation.
Ways The Accident Can Impact Your Life
Car accidents are unfortunately common in Miami, but that doesn’t lessen the impact they can have on people’s lives, not just physically, but financially and emotionally.
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
Car accident resources in Miami may include:
- Miami Police Department’s Traffic Crash Investigations Unit
- 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 injury attorneys
If you suffered losses in an auto accident that wasn’t your fault, talking with legal experts can help tremendously. Let the attorneys at Florin Roebig evaluate the evidence of your case for free, and ensure you receive the best possible outcome no matter the severity of the injury. Reach out for a complimentary case evaluation today.
What To Do After A Car Accident
With so many high-traffic areas, Miami accidents can be especially dangerous, so the first thing to do after a car accident is always to take care of yourself and your loved ones. But there are other steps you can take immediately following a car crash to improve the outcome of your car accident claim.
After a car accident in Miami:
- Ensure your safety: Miami traffic can be notoriously heavy and dangerous. If possible, get yourself and your vehicle out of the flow of traffic when it’s safe to do so.
- Check for injuries: If you’re injured, seek medical attention as soon as possible. Seemingly minor injuries can be more serious than you thought.
- Contact law enforcement: The police will file an accident report you can request for evidence in your case later.
- Gather information: While at the scene of the crash, seek witness contact details and other potentially useful information like nearby camera locations.
- Document the accident scene: Take pictures of the crash as well as any car damage and injuries.
Attorney Tommy Roebig advises, “Seeking treatment for your injuries is especially crucial. You must get treatment within 14 days of an accident for Personal Injury Protection insurance to cover you. Seeking treatment also creates a record of your injuries, which can be a central piece of evidence for your car accident claim.”
How Florin|Roebig Can Help With Your Car Accident Claim
Since its founding in 1985, Florin|Roebig has received numerous awards for its excellence in litigation in the state of Florida. 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.”
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
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.
Frequently Asked Questions
How much does an attorney charge for a car accident in Miami?
Most attorneys charge 25-40% of any compensation you win in a car accident claim or lawsuit instead of charging upfront or hourly. They won’t charge you if you don’t get compensation.
Should I get a lawyer after a car accident in Miami?
Yes. It’s a best practice to at least reach out to an attorney via a free case review to get your situation assessed by a professional. In addition, you can often get much more compensation by hiring a lawyer.
How long after a car accident can you sue in Miami?
You usually have two years to file a car accident injury lawsuit with the Miami-Dade County court, starting from the day of the accident.
List Of Top-Rated Car Accident Attorneys Serving Miami
Since its founding in 1985, Florin|Roebig has received numerous awards for its excellence in litigation in the state of Florida. 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.”
The average contested jury verdict Florin|Roebig attorneys have obtained for their clients exceeds $1 million.
If you’re ready to file a car accident claim in Miami, you’ll want experience and knowledge on your side, and you can find this high-caliber legal representation when you work with our esteemed team of attorneys.
Some of our car accident attorneys include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Luca G. Esposito
- John J. Hart
We Are Nationally Awarded Lawyers
In addition to Miami, our auto accident attorneys can help clients throughout many areas in the state of Florida, including:
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.
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 South Flagler Drive
Suite 800 – West Tower
West Palm Beach, Florida 33401
Car accidents in Miami can be especially devastating. If you’ve been injured in an accident, it’s essential to prioritize your well-being and seek legal advice as soon as you can after the accident.
Florin|Roebig auto accident attorneys understand that victims may be hurting and in crisis following an auto accident and are here to help you or a loved one get the compensation you deserve. Contact us today for a free consultation about your claim.
