We see car accidents every day. You see then on the way to work. You see them on the news. You’re just happy that it didn’t happen to you. In reality, it could happen to you Most of us have been involved in some kind of accident at some point in our lives. You could be hit by a drunk driver on your way home from dinner. The injuries you suffer in these accidents can be quite severe. This is why you need a Miami auto accident attorney.
After a car accident, there are a few things you must do. The first thing you have to do is call the police. Your Miami accident attorney is going to need the police report. This report includes important information your lawyer can’t get any other way. Some of this information includes:
- Contact information for eye witnesses
- Pictures of the accident scene and the vehicles
- Information on whether any of the drivers were drunk at the time of the accident
- Description of road conditions
- Any citations or tickets that were issues
- Statements from both of the drivers
If your Miami car accident lawyer has to get this information some other way, it may be impossible. It can also be expensive and time consuming.
You also need to call the police so the other driver doesn’t take off. You don’t know if the information the other driver gave you was accurate. The cops can confirm his identity. He can also get a copy of their license and insurance card.
- 1 Can Your Florida Insurance Claim Be Denied?
- 2 What Are the Most Common Types of Car Accidents?
- 3 How Will Your Miami Auto Accident Attorney Prove Your Case?
- 4 How Does Comparative Negligence Work in Miami?
- 5 What Kind of Injuries Do Miami Car Accident Lawyers Handle?
- 6 What Kinds of Damages Will Your Auto Accident Lawyer in Miami Demand?
- 7 Contact a Florida Accident Attorney Today
The next thing you need to do is get medical treatment right away. Do this even if you don’t think you’re hurt.. The doctors can run all the tests to make sure you haven’t suffered a brain injury or internal injuries.
Finally, make sure you call a Miami car accident attorney. Your Miami personal injury lawyer will help get your insurance claim paid. And if this isn’t possible, he’ll file a lawsuit on your behalf.
Can Your Florida Insurance Claim Be Denied?
Most car accident claims are paid without incident. But there are times when your claim may be denied. It depends on the circumstances. It may also depend on the size of your claim. Insurance companies are more likely to deny larger claims. They know they can settle these for less than the full amount most of the time.
Some of the reasons your claim may be denied include:
- The policy wasn’t valid at the time of the accident
- The driver wasn’t listed on the policy
- They believe you were at fault
- They think you’re exaggerating your injuries
- You have a history of filing false insurance claims
If your claim is denied, your Miami car accident attorney can file an appeal for you. He’s used to dealing with insurance adjusters. He knows what it takes to get your claim settled. If the insurance company refuses to do this, you have no choice but to file a lawsuit.
Most claims are settled. Nobody wants to go to trial. Trials are expensive and time consuming. Both parties risk losing in court.
Your attorney has years of experience dealing with insurance companies. He will get you as much money as possible.
What Are the Most Common Types of Car Accidents?
Miami car accident lawyers have handled every type of case. Of course, some accidents are more common than others. For example, attorneys see more car accidents than bus accidents. This is because there are more cars on the road than there are buses.
Some accidents only involve minor injuries. Others may have very serious injuries. In addition to physical injuries, you’ll likely suffer some property damage involved as well. Your Miami car accident attorney will going to fight to make sure you’re compensated for these damages.
Some of the most common types of car accidents are:
- Rear End Accidents: Rear end car crashes are probably the most common type of motor vehicle accident. They usually happen when you’re stopped in traffic or at a red light. Other times, it’s because a driver isn’t paying attention to the road. Thankfully, most of these accidents only involve minor injuries. The property damage could be more severe.
- Head-On Collisions: These accidents are some of the most dangerous. The other driver may be drunk or just driving recklessly. It would take something like recklessness to explain why someone would drive into oncoming traffic and crash into you. Unfortunately, the injuries involved in head-on collisions are very serious. You’ll be lucky to make it out alive.
- Distracted Driving: Although texting and driving is the most common form of distracted driving, there are all different ways in which a driver can be distracted. He could be reading a map or eating his lunch. He could just be watching other drivers on the road. Proving the other driver was distracted isn’t easy. You’ll have to rely on you experienced Miami auto accident lawyer to help do this.
- Drunk Driving: Auto accident attorneys hate to see these cases. There is just no excuse for drunk driving. People can call an Uber or a cab. They don’t have to get behind the wheel. But, people still do it every day. Drunk driving accidents are very serious. You could suffer a traumatic brain injury or maybe even a broken neck.
How Will Your Miami Auto Accident Attorney Prove Your Case?
Most car accidents involved something called negligence. Negligence just means the other driver wasn’t doing what he was supposed to at the time of the accident. Your Miami auto accident attorney will have to prove negligence in order for you to recover. To do this, he’ll have to show the following:
- The defendant owed you a duty of care: It’s not hard to prove this. We all owe other drivers a certain duty of care and caution. You have to obey all traffic laws. You also have to be conscious of your surroundings.
- They breached this duty: Your lawyer has to show that the defendant’s actions breached this duty of care. He may do this by showing he was drunk at the time of the accident. Or maybe he’ll have to show the other driver didn’t properly maintain his vehicle. If he had faulty brakes and didn’t get them fixed, he may be held liable for your injuries.
- You were injured: This is why you always have to go to the hospital after your car accident . You need to prove you were hurt. You can’t sue someone if you’re not injured. You have to actually suffer an injury to recover in a motor vehicle accident.
- Your injuries were caused by the defendant’s breach: If you were injured, it won’t be too hard to show they were caused by the accident. Unless you wait a while to seek treatment, there’s a slim chance that something other than the accident caused your injuries. Your Miami accident attorney can also rely on medical experts to prove this as well.
Once you’ve proven the elements of negligence, you should prevail on your claim. The question is – were you also responsible for the accident?
How Does Comparative Negligence Work in Miami?
Every state has laws about something called comparative negligence. This is because it’s very unusual to show that one party was 100% responsible for a car accident.
In Florida, they follow the rules of comparative negligence. Under Florida law, you’re still able to recover as long as you were less than 50% at fault. If you’re partially at fault, your jury award will be decreased by the percentage of your fault.
Consider this example:
You’re driving on the way home from the beach. Your feet are sandy so you’re not wearing any shoes. You’ve also been up for about 24 hours. You’re dead tired. You’re driving a little faster than you normally would because you just want to get home. A drunk driver comes out of nowhere and hits your car head-on. Your child is seriously injured and you suffer internal injuries. Both you and your child need surgery.
Because you were not wearing shoes and were speeding, you may be deemed 30% at fault for the accident. So, instead of receiving $500,000 for your injuries, you may only receive $350,000.
What Kind of Injuries Do Miami Car Accident Lawyers Handle?
Miami car accident lawyers handle all sorts of cases. Whether your injuries are serious or minor, they can handle your case.
Depending on your accident, you may suffer all kinds of injuries. Some of these may include:
- Back Injuries – Back injuries are very common in car accident cases. You may suffer disc herniations or nerve damage. You could even suffer a broken back. All of these will probably require surgery and physical therapy. You’ll probably be out of work for months. You’ll be entitled to compensation for these things.
- Internal Injuries – There’s no way for you to know if you’ve suffered internal injuries. That’s why your car accident lawyer always says to go to the hospital following your accident. If left untreated, internal injuries can be fatal. Internal injuries include things like internal bleeding, organ damage or aneurysms. The hospital can run the necessary tests to see if you have any of these internal injuries.
- Traumatic Brain Injury – These are caused by a severe blow to the head. This happens in a lot of car accidents. You may hit your head on the steering wheel or windshield. The signs and symptoms of a traumatic brain injury include:
- Vision loss
- Ringing in your ears
- Memory loss
- Hearing issues
- Exhaustion and fatigue
If you experience any of these after your accident, go to the hospital immediately.
What Kinds of Damages Will Your Auto Accident Lawyer in Miami Demand?
If you get into a car accident in Miami, you may be entitled to certain damages. The worse your injuries, the more compensation you’ll be entitled to. Some common types of damages in most car accident cases include:
- Medical Bills – You’re entitled to recover both current and future medical bills. You may require surgery and physical therapy. You may need long-term treatment. If this is the case, your lawyer will demand that you’re reimbursed for this.
- Lost Wages – Chances are, if you get hurt, you’ll miss time from work. You can submit timesheets to show how much time you’ve missed.
- Property Damage – If your car needs to be repaired or replaced, the defendant needs to pay for this.
- Pain and Suffering – These are a type of non-economic damages. You can’t prove pain and suffering with receipts. Your Miami auto accident lawyer will have to prove that you experienced pain and suffering in order for you to recover.
Contact a Florida Accident Attorney Today
If you or your loved one has been involved in a car accident, call a Miami car accident lawyer right away. You need to sit down and meet with an experienced attorney who can answer your questions. He’ll review your case and tell you what it may be worth.
Call to schedule your free initial consultation today. You’ll have a chance to find see what issues your case may involve. Your lawyer can also speak with the insurance adjuster to see if he can settle your claim.
The consultation is absolutely free and you pay nothing until you settle your case. The defendant will have attorneys working for him and you should too. Call and speak with one of our experienced attorneys today.