The Miami suburb of The Hammocks is known for its fairly long commutes, especially as more people flock to the Miami-Dade County area. This leads to a lot of motor vehicle accidents. In 2023, Miami-Dade County reported 63,836 crashes, leading to 29,777 injuries and 339 deaths.
A serious accident can cause many problems beyond injuries, including steep medical bills, an inability to work, and untold stress and hardship, but car accident claims can help victims seek compensation to help with some of these struggles.
Read on to learn more about filing a car accident claim in The Hammocks and how a car accident lawyer can help.
The Car Accident Claim-Filing Process
Filing an auto accident claim in The Hammocks involves the following steps.
- Document injuries and damages by taking pictures at the scene of the accident and keeping any documents related to medical treatment for your injuries, such as bills.
- File a police report by cooperating with the authorities. They will file a report, which you can receive a copy of through the Miami-Dade Police Department’s Public Records Center or their request portal.
- Notify your insurance company that you were in an accident as soon as you can. They can give you the necessary documents to file a claim.
- Gather evidence, including accident photos, your police report, and medical bills.
- Seek legal advice from a car accident attorney, which you can usually get via a free case review. This will help you determine your next steps and whether you should hire a lawyer.
- File your claim, including any supporting evidence. Your lawyer may file your claim on your behalf.
The Importance of Hiring a Car Accident Lawyer
Hiring a car accident lawyer in The Hammocks can be critical in some cases, potentially leading to much more compensation—or any compensation at all.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
Board-certified civil trial lawyer Shaun M. Cummings warns, “Car insurance agencies—especially the at-fault driver’s insurer—have an incentive to lowball you or reject your claim entirely if they can. If you’re not sure how much compensation to expect or how to negotiate with insurers, it can be difficult to get the compensation you should.”
The lawyers at Florin|Roebig are experts at winning fair compensation for their clients, with an average amount of more than $1 million per case. If you need guidance on your situation, contact our experts for a free case evaluation at any time.
State Laws For Car Accident Cases
The Hammocks follows Florida state laws, Miami-Dade County laws, and local ordinances, which can all factor into your car accident case.
Traffic Laws
Traffic laws often play a central role in determining negligence—the failure to take proper care while doing something like operating a motor vehicle. If you have evidence like witnesses testimonies or traffic cameras that prove the other driver broke a traffic law while you complied, you can usually prove the other driver was at fault and, therefore, responsible for compensating you.
Insurance Coverage Requirements
Under the state’s no-fault system, 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—and by extension, The Hammocks—follows a no-fault system that not only requires POP and PDL insurance, but also requires drivers who get in an accident to turn to their own insurance to cover injury-related expenses, regardless of who was at fault.
However, there are exceptions where you’re eligible to file a claim against the at-fault driver or their insurance company—generally when you’ve suffered property damage or your injuries were serious.
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
The Hammocks car accident victims can seek compensation in a few ways.
- First-party personal injury claims: Claims filed with your own insurance company.
- Third-party personal injury claims: Claims filed against the at-fault party’s insurance company.
- Personal injury lawsuits: If you can’t reach a settlement agreement with the insurance company, you may need to file a lawsuit with the Miami-Dade County court. This will usually end in a settlement, but you may have to go to trial, where a judge or jury will decide your compensation.
Attorney Shaun Cummings says, “First-party claims are valuable when you need quick coverage for injury-related expenses like medical bills, but they can be limited in scope and monetary payout, which is where third-party claims come in. These claims can be harder to win and take longer to pay out, but they cover many more damages and can be essential if you were badly injured in a crash.”
Liability In Car Accident Cases
Liability describes the party legally responsible for compensation when someone’s harmed in an accident.
Car accident cases in The Hammocks may use the following to help determine liability:
- Negligence: Someone found overwhelmingly negligent in an accident is usually liable for compensation.
- Strict liability: A manufacturer may be strictly liable in a car accident case—that is, responsible for compensation regardless of whether it was negligent or intended harm. This usually happens if the company’s product (such as an airbag) doesn’t work as intended and contributes to the accident or makes injuries worse.
- Vicarious liability: A business may be vicariously liable—responsible for compensation due to someone else’s actions—in a car accident case. This may happen if an on-the-job employee causes an accident and hurts someone.
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Understanding Consideration Of Negligence And Degree Of Fault
Floridan began following a modified comparative negligence standard in 2023, which means more than one person can be at fault for an accident and the amount of compensation they can collect decreases with their percentage of fault. If someone is more than 50% at fault, they can’t get compensation.
For example, if you were 15% negligent in an accident and your damages totaled $100,000, you could only collect $85,000.
Ways The Accident Can Impact Your Life
Residents of The Hammocks know all too well that a car accident can happen at any moment and when it does, it can upend your entire life, leading to long-term pain and disability, financial difficulties, and emotional hardship.
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 The Hammocks 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 attorneys
Getting into a car accident of any size can be a traumatic experience—one that you likely wish could have been avoided by leaving just a few seconds later or by taking a different route home. But no matter what happened during the accident, help is available to you. Florin|Roebig’s legal experts are standing by to give you a free case evaluation and fight tirelessly to get you the compensation you deserve.
What To Do After A Car Accident
After a car accident in The Hammocks, make sure you and your loved ones are out of the way of oncoming traffic and that anyone who needs care gets it immediately. However, if you’re able to take a few actions directly after your accident, it can make your claims process easier and potentially more successful down the road.
After a car accident in The Hammocks:
- Check for injuries and if needed, seek medical attention immediately.
- Contact law enforcement to report the crash and get officials to file an accident report.
- Gather information that may be hard to collect later, like witness contact details.
- Document the accident scene by taking videos and pictures.
How Florin|Roebig Can Help With Your Car Accident Claim
Florin|Roebig isn’t just any car accident law firm. We have won over $1 billion in total compensation for our clients and since 2010, have been selected as one of the “Best Law Firms in America” by U.S. News & 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
Florin|Roebig’s expertise in car accident cases ensures that you receive top-notch legal representation, navigating the complexities of your case and relentlessly advocating for your best interests. By partnering with Florin|Roebig, you’re placing your trust in a law firm that prioritizes your needs and works tirelessly to achieve the best possible outcome for you.
We Are Nationally Awarded Lawyers
Frequently Asked Questions
How much does an attorney charge for a car accident in The Hammocks, FL?
Most car accident attorneys in The Hammocks charge 25-40% of your compensation. If you don’t receive compensation, they won’t charge.
Should I get a lawyer after a car accident in The Hammocks?
If you were injured or your case is in any way complicated (multiple parties involved, a company is involved, the facts are being disputed, etc.), it’s a very good idea to get a lawyer.
How long can you sue after a car accident in Florida?
In most cases, you have two years after the accident to file a lawsuit, but there are exceptions based on unusual circumstances so always confirm with your attorney.
How to Get Help from Florin|Roebig Attorneys
Florin|Roebig has an incredible team of car accident attorneys who can help you today. Our award-winning attorneys have been serving Florida residents for more than 30 years with an incredible track record and millions awarded in settlements.
Our car accident lawyers serving clients in The Hammocks include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Shaun M. Cummings
- Michael A. Ossi, O.C.
- Taylor D. Roebig
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
Fort Myers Office
9160 Forum Corporate Parkway
Suite 310
Fort Myers, FL 33905
Florin|Roebig understands that making decisions during this critical time can be difficult, especially in the case of a tragedy such as wrongful death. Our attorneys may not be able to turn back time, but they will do everything in their power to make things right moving forward. Schedule a no-cost consultation with us, and let us prove how invaluable our services can be.
