Get Justice with a Miami Car Accident Lawyer Today

If you’ve been in a car accident in Miami, the weeks and months that follow can be a frantic scramble to address physical injuries, document property damage, and communicate with insurance companies. With a Miami car accident lawyer on your side, you’ll have a powerful advocate to amplify your voice and demand fair compensation.

But with so many lawyers out there, how do you choose the right one? It’s important to find a Miami car accident lawyer who has experience, a proven track record, and a commitment to their clients. You want someone who will be by your side every step of the way, from the initial consultation to the final settlement.

How Much Does a Miami Car Accident Lawyer Charge?

If you’ve been in a car accident, you may be wondering how much it will cost to hire a Miami car accident lawyer. The good news is, most work on a contingency fee basis. This means they only get paid if they obtain a settlement or verdict in your case.

Contingency Fees

Most Miami car accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Typical contingency fees range from 33 1/3% to 40% of the settlement or jury award.

So let’s say your case settles for $100,000. If your lawyer charges a 33 1/3% contingency fee, they would get $33,333.33 and you would receive $66,666.67 assuming there weeee no additional costs or medical expenses.  Gross settlement minus attorney fee and costs minus health/work comp lien, as applicable, along with any outstanding medical expenses.  Ultimately, a contingency fee lawyer takes the risk of expending resources and time with the hope that your case can be positioned to reach a reasonable settlement.  The co tibgency is approved by the Florida Supreme Court and Florida Bar.

Hourly Rates

Some car accident attorneys in Miami may charge hourly rates instead of contingency fees. Hourly rates can vary widely depending on the lawyer’s experience and the complexity of the case, but often fall between $150 to $500 per hour.

If your case is fairly straightforward and doesn’t require a lot of time, an hourly rate might make sense. But for most car accident cases, a contingency fee is the way to go.

Retainer Fees

In some instances, Miami accident lawyers may require an upfront retainer fee to begin working on your case. Retainer fees are an advance payment from which the lawyer subtracts costs as they work on your case.

Unused portions of the retainer are typically refunded. But let’s be real, most car accident cases don’t require a retainer fee. If a lawyer asks for one, it might be a red flag.

Is It Worth Hiring a Car Accident Attorney in Miami?

We shouldn’t underestimate the straightforward simplicity underpinning this sweeping assertion. Citing reliable indices supports this assertion’s dependability, banishing any lingering skepticism.

Identifying Recoverable Damages

A good Miami car accident attorney will work tirelessly to identify every recoverable expense, from medical bills to lost wages, property damage, and pain and suffering. With their expertise, you’ll get the maximum compensation for your losses with the goal of minimizing expenses.

I’ve seen it time and time again. Clients come to me thinking they can only recover a few thousand dollars, but after digging deep and identifying all the damages, we end up settling for six figures. Don’t leave money on the table.  While I do not have a magic eight ball to determine your anticipated recovery as there are simply too many variables and I’d be leading you on, if your case checks the box in the eyes of the I sir ace company it means you are in a position to have their attention and hopefully reach an objectively reasonable settlement.  That’s my job, to tell you when an offer to settle your case is  within the realm of reason.  

Standing Up Against Insurance Companies

Insurance companies often try to minimize payouts to car accident victims. A skilled Miami car accident lawyer knows how to negotiate with insurers and will stand up for your rights to fair compensation.

Legal Expertise

Car accident cases can involve complex legal issues. Having a knowledgeable Miami car accident attorney on your side ensures your case is handled properly and improves your chances of a successful outcome.

I’ve been practicing accident law for over 12 years. I’ve been around this industry my entire life after my father practiced this specific law for over 50 years.  I  know and understand the ins and outs of the legal system and how to navigate it to get the best results for my clients. Don’t go it alone.

Help for Unjust Accusations

If you’ve been wrongfully blamed for causing a car accident in Miami, a car accident lawyer can gather evidence to either prove you are not at fault or that there is shared responsibility for the loss  and protect you from unjust accusations.

Support for Severe Injuries

If you’ve suffered severe, life-altering injuries in a Miami car accident, an attorney can help you pursue compensation for your current and future medical needs, lost earning capacity, pain and suffering, and reduced quality of life.

Peace of Mind 

I’ve seen firsthand how much of a difference it makes for my clients to have someone else handling the legal stuff while they focus on getting better. It’s one less thing to worry about during an already difficult time.

Steps to Take After a Car Accident in Miami

If you’ve been in a car accident in Miami, here are the steps you should take:

Seek Medical Attention

Your health and safety should be the top priority after a car accident. Seek medical care right away, even if your injuries seem minor, as some injuries may not present symptoms immediately. Keep records of all medical treatments related to the accident.

I can’t stress this enough. Even if you feel fine, get checked out by a doctor. Some injuries, like whiplash or concussions, may not show symptoms right away. Better safe than sorry.

Report the Accident

Contact the police to report the accident and request an official accident report. This report can serve as valuable evidence in your car accident claim. Be sure to obtain a copy of the report for your records.  Your attorney can help obtain this information.  Please retain the exchange or case card issued by the responding police department.

Although accidents can be traumatic, I always urge my clients to prioritize their safety and the safety of others by contacting the authorities. A timely police report can make all the difference in resolving any potential disputes.

Gather Evidence

If possible, collect evidence at the scene of the accident. Take photos of the damage to vehicles, your injuries, and the surrounding area. Get contact and insurance information from the other driver(s) involved. Gather contact information from any witnesses.

The more evidence you have, the stronger your accident case will be. Don’t be shy about snapping photos and talking to witnesses. It could make all the difference in your accident claim.

Contact Your Insurance Company

Notify your insurance company about the vehicle accident as soon as possible. Provide them with the basic facts of the accident, but avoid admitting fault or giving a recorded statement without consulting a Miami car accident lawyer first.

Your insurance company may seem like they’re on your side, but remember, their goal is to pay out as little as possible. Be careful what you say to them and don’t sign anything without talking to a lawyer first.

Consult with a Car Accident Lawyer

A trusted and experienced Miami car accident lawyer can provide support, guidance, instruction, education, and if necessary, aggressive litigation skills to protect your rights. This professional will guide you through the aftermath of an accident, ensuring your claim is accurately settled.

Schedule a consultation with me and let’s dive into the details of your case. I’ll work with you to craft a strategy that sets your mind at ease. Don’t delay – the sooner we start working together, the better your chances of a successful outcome.

Key Takeaway:

Consider this important question: “How much does a Miami car accident lawyer charge?” Don’t overlook that an experienced lawyer can ensure you receive maximum compensation, just like a top-rated chef adds flavor to a dish by incorporating the right spices, your lawyer can extract all the justice you deserve, from recoverable damages to standing up against insurance companies.

Common Types of Car Accident Injuries in Miami

In the aftermath of a car accident in Miami, what was once ordinary life becomes turned upside down. As a Miami car accident lawyer, I’ve seen how injuries can abruptly interrupt years of hard work, relationships, and dreams.

Whiplash

Whiplash is a neck injury caused by the rapid back-and-forth motion of the head during a collision. Symptoms may include neck pain, stiffness, headaches, and even blurred vision. While whiplash is often associated with rear-end collisions, it can occur in any type of vehicle accident.

Broken Bones

The force of impact in a car accident can cause fractures or broken bones, particularly in the arms, legs, ribs, and skull. These injuries can be extremely painful and may require extensive medical treatment, including surgery and physical therapy.

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) are among the most serious car accident injuries. They occur when the head strikes an object or is violently shaken, causing damage to the brain.

Symptoms of a TBI can range from mild concussion to severe cognitive impairment, and may not appear immediately after the accident.

Spinal Cord Injuries

Damage to the spinal cord can result in partial or complete paralysis, depending on the location and severity of the injury. These injuries often require lifelong medical care and can dramatically impact a person’s quality of life.

Soft Tissue Injuries

Soft tissue injuries involve damage to muscles, ligaments, and tendons. While they may not be as visible as other car accident injuries, they can still cause significant pain and limit a person’s mobility.

Common examples include sprains, strains, and contusions.

Don’t hesitate to seek medical attention following a car accident. While it might seem like a minor incident, immediate medical treatment helps establish a timeline of events and helps us better understand the severity of your injuries, making it easier to create a strong personal injury claim.

A skilled Miami car accident lawyer can help you navigate the legal process and fight for the compensation you deserve for your accident injuries.

Understanding Florida’s No-Fault Insurance Laws

Florida is one of a handful of states that operates under a no-fault insurance system. This means that if you’re injured in a car accident, you’ll typically turn to your own insurance company for your first $10,000 of medical coverage, regardless of who was at fault.

You deserve to  navigate the insurance landscape confidently, especially when venturing into unfamiliar territory. 

Personal Injury Protection (PIP) Coverage

Under Florida law, all drivers are required to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP covers a portion of your medical expenses and lost wages after an accident, up to the policy limit of $10,000.

However, to be eligible for the full $10,000 in benefits, you must seek medical treatment within 14 days of the accident and be diagnosed with an emergency medical condition.

Property Damage Liability (PDL) Coverage

In addition to PIP, Florida drivers must also carry a minimum of $10,000 in Property Damage Liability (PDL) coverage. This coverage pays for damage you cause to another person’s vehicle or property in an accident.

It does not cover damage to your own vehicle.

Bodily Injury Liability (BIL) Coverage

While not required by law, Bodily Injury Liability (BIL) coverage is highly recommended for Florida drivers. BIL covers injuries you cause to others in an accident, and can provide crucial protection if you’re sued by another driver.

Without BIL coverage, you could be personally responsible and exposed for the other person’s medical expenses and non-economic damages like Pain and suffering and even lost wages.

Navigating Florida’s no-fault insurance system can be complex, especially if you’ve been seriously injured in a car accident. An experienced Miami car accident lawyer can help you understand your rights and options, and fight to ensure that you receive the full insurance coverage and compensation you’re entitled to under the law.

Proving Fault in a Miami Car Accident Case

When it comes to filing a car accident claim, Florida’s no-fault insurance system provides comprehensive coverage for many injuries. However, there may be instances where you need to pursue damages outside of the no-fault system, making a claim against the driver responsible for the accident. To do so, you’ll need to demonstrate that the other driver was negligent and their negligence caused your injuries.

Here are some key elements of proving fault in a Miami car accident case:

Negligence

Negligence occurs when a driver fails to exercise reasonable care and their actions cause harm to others. Examples of negligent behavior include speeding, running a red light, or distracted driving all leading to a crash with you.

To prove negligence, you’ll need to show that the other driver had a duty to drive safely, that they breached that duty, and that their breach caused the crash and your injuries.

Comparative Fault

Florida follows a recently modified  comparative fault rule, which means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your damages are $100,000, you would only receive $80,000.  However, under recent reforms if you are determined to be more than 50% at fault for an accident you are barred from any recovery.  Even if this is the case, sometimes, given the nature of your damages/injuries, an insurance company may make an economic decision in the best interests of their insured and pay you a nuisance value settlement to buy the peace.

Insurance companies often try to use comparative fault to minimize/bar their need to payout, so it’s important to have strong evidence to support your accident claim.

Evidence Collection

Gathering evidence is crucial to proving fault in a car accident case. This may include photos of the accident scene, witness statements, police reports, and medical records.

The more evidence you have to support your claim, the stronger your accident case will be.

Witness Statements

Witness statements can provide valuable insight into how the accident occurred and who was at fault. If there were witnesses to your accident, it’s important to get their contact information and a statement as soon as possible, while the details are still fresh in their mind.

Police Reports

Police reports are not evidence in a car accident case, while they may often be filled with vital information about the scene of the accident, they are not evidence as they are privileged from disclosure in Florida.  Further, statements made to the responding officer are not admissible either.  The responding officer will typically jot down their observations, including statements from drivers and witnesses, to provide a detailed account of what may have happened.  Unfortunately, the officer was not likely present to witness the crash and thus cannot provide testimony based on personal knowledge as the officers account is hearsay and not admissible.

Physical evidence, eyewitness statements, and documentary reports sheds light on liability.  Who is at fault and why.

Pursuing justice in a car accident case requires a thorough understanding of the complex legalities involved. For this reason, it’s essential to work with a seasoned Miami car accident lawyer who has the expertise to navigate the often treacherous waters of accident law.

With accident injuries, financial relief often depends on your skilled attorney successfully navigating the fine line between physical and emotional damages. Don’t underestimate the effect litigation can have; your lawyer’s bold efforts can fetch a deal that factors in both discomforts and out-of-pocket expenses involving damaged possessions.

Key Takeaway:

After a car accident in Miami, prioritize seeking medical attention and gather as much evidence as possible, including photos, witness statements, and police reports, to build a strong case for compensation, and consult with a skilled Miami car accident lawyer to navigate the complex no-fault insurance system and fight for the justice you deserve.

Dealing with Insurance Companies After a Miami Car Accident

After a car accident in Miami, dealing with insurance companies can be a real headache. But it’s a necessary evil if you want to get the compensation you deserve.

The first step is reporting the accident to your insurance company. Be honest and upfront, but stick to the facts. Don’t admit fault or downplay your injuries.

Providing Documentation

Your insurance company will likely request a mountain of paperwork, from police reports to medical records. It’s important to provide this documentation promptly to keep your injury claim moving forward.

But be careful about signing anything without consulting a Miami car accident lawyer first. Insurance companies may try to use your statements against you later on.  They will even offer you a settlement without ever determining the extent of your injuries and total damages.  Beware of this tactic as it may often NOT be in your best interests to accept.  

Negotiating a Settlement

It’s crucial to remember that submitting your claim is merely the starting point. Unfortunately, insurance companies frequently deploy lowball settlement offers in  hopes of saving funds by gambling on your lack of knowledge and rights. If you’re determined to secure a fair settlement, arm yourself with an experienced personal injury attorney and do not risk navigating the waters alone.

Among the rubble of a car accident, it’s tempting to give up or feel powerless. But with a car accident lawyer on your side, you can fight back and secure the compensation you deserve. They’ll tenaciously advocate for your rights, demanding a settlement that reflects the true extent of your losses.

Bad Faith Practices

Disappointingly, many insurance companies engage in bad faith, denying valid claims or needlessly dragging out the process. If you suspect your insurer is behaving unfairly, it’s time to seek assistance from experts, but at this point it could be too late.  I cannot fix what roads you’ve traveled down or paved alone.

A Miami car accident lawyer can hold insurance companies accountable and take legal action if necessary. Don’t let them get away with putting profits over people.

Damages You Can Recover in a Miami Car Accident Lawsuit

If you’ve been injured in a car accident in Miami, you may be entitled to a variety of damages. But what exactly can you recover? Let’s break it down.

Medical Expenses

Don’t forget that medical bills are one of the first places to start seeking compensation. This can cover everything from the cost of your ambulance ride to the extensive physical therapy sessions that followed surgery.

Property Damage

Of course, you can also seek compensation for any property damage to your vehicle or other personal property. This may include the cost of repairs or the fair market value of your car if it’s totaled.

Keep all receipts and estimates related to property damage to include in your claim.

Pain and Suffering

The tragic reality of an injury is that it’s not just a matter of providing medical care and replacing lost wages. It’s also about making up for the unseen costs like the pain and suffering you’ve endured, and the enjoyment of life you’ve lost.

Sustaining injuries or property damage from a car accident can lead to overwhelming emotions, but it’s crucial to prioritize your legal rights. A skilled Miami car accident lawyer will ensure you receive the compensation you deserve.

The Role of a Miami Car Accident Lawyer in Your Case

If you’ve been injured in a car accident in Miami, hiring a skilled car accident lawyer can make all the difference in the outcome of your case. But what exactly does a Miami car accident lawyer do?

Investigating the Accident

One of the first things your lawyer will do is thoroughly investigate the accident. This may involve reviewing police reports, interviewing witnesses, and even hiring accident reconstruction experts.

The goal is to gather all the evidence needed to build a strong case and prove the other driver was at fault.

Gathering Evidence

Extensive research forms the backbone of your attorney’s winning strategy, involving medical files, receipts, and specialized expertise as strong affirmations. By shining a light on their collection, justice for you not only commences but also offers optimal recovery from physical and financial scars.

The more evidence you have, the stronger your personal injury claim will be. Your lawyer will leave no stone unturned in building a compelling case on your behalf.

Negotiating with Insurance Companies

As we’ve discussed, dealing with insurance companies can be a nightmare. But with a car accident lawyer on your side, you can level the playing field.

Your lawyer will handle all communication and negotiations with the insurance company, fighting for a fair settlement that covers all your damages. And if the insurance company refuses to play ball, your lawyer will be ready to take them to court.

Filing a Lawsuit

In the unlikely event of a stalled negotiation, your trusted car accident lawyer in Miami will assume the role of advocate and defend your rights. This may involve drafting a lawsuit, chasing down evidence, and fine-tuning the case for a courtroom showdown.

The voice you hire is dedicated to understanding your unique situation and its concerns, strategically championing your cause and striving to obtain the compensation that aligns with your circumstances.

Representing You in Court

When your case goes to trial, your car accident lawyer will passionately advocate on your behalf in the courtroom. Expect them to strategically present evidence, fiercely question witnesses, and persuasively argue your case to the judge and jury.

With a skilled trial attorney on your side, you can feel confident that your case is in good hands. And even if you don’t end up going to trial, having a lawyer who’s willing to fight for you can often lead to better settlement offers from the insurance company.

Key Takeaway:

Protect yourself from insurance companies’ lowball offers by having a Miami car accident lawyer handle negotiations and fight for a fair settlement that covers all your damages, ensuring you receive the compensation you deserve.

How Long Do You Have to File a Car Accident Lawsuit in Miami?

If you’ve been in a car accident in Miami, you may be wondering how long you have to file a lawsuit. The answer is not always straightforward, as there are several factors that can affect the timeline. However, it’s crucial to understand the statute of limitations for filing a car accident lawsuit in Florida.

Florida Statute of Limitations

In Florida, the statute of limitations for car accident and other general negligence lawsuits is two years from the date of the accident. This means that if you were injured in a car accident or other general negligence claim, you have two years from the date of the accident to file a lawsuit against the at-fault party.

If you fail to file your lawsuit within this time frame, you will lose your right to seek compensation for your injuries and damages. It’s important to note that this two-year time limit applies to most personal injury negligence cases, including car accidents.

Exceptions to the Statute of Limitations

There are a few exceptions to Florida’s two-year statute of limitations where the period of limitations may be tolled when dealing with incapacity, minors, where defendant left the state or concealed him/herself.  In these instances, the two-year statute may be extended beyond the limitations period.

Common Causes of Car Accidents in Miami

As a Miami car accident lawyer, I’ve seen countless cases of accidents caused by negligent or reckless behavior on the road. While every case is unique, there are some common causes of car accidents that I see time and time again.

Speeding

Raging through the streets of Miami and beyond, speeding-related car accidents bring distress to countless families. For that reason, drivers must exercise discernment and responsibility behind the wheel, respect posted speed limits, and adjust their speed to accommodate the ever-changing conditions.

Speeding reduces a driver’s reaction time, making it harder to avoid obstacles or stop suddenly if needed. According to the Florida Department of Highway Safety and Motor Vehicles, there were over 12,000 crashes involving speeding in 2021 alone, resulting in 352 fatalities and over 8,000 injuries.

Distracted Driving

Miami’s drivers must acknowledge the snare of driver distractions. The simple commute can slowly transform into a disastrous event as fingers diligently dance on touch screens. Stay alert, and your carefree transition becomes just another routine drive in this gorgeous city.

However, even a momentary distraction can have devastating consequences. In 2021, there were over 56,000 crashes involving distracted driving in Florida, resulting in 333 fatalities and over 2,700 serious injuries.

Drunk Driving

Despite strict laws and public awareness campaigns, drunk driving remains a significant cause of car accidents in Miami. When drivers get behind the wheel after consuming alcohol, they put themselves and others at risk of serious harm.

Alcohol impairs a driver’s judgment, reaction time, and ability to operate a vehicle safely. According to the National Highway Traffic Safety Administration, about 28 people die every day in the United States in drunk-driving crashes, which is one person every 52 minutes.

Reckless Driving

This city’s unfortunately frequent car accidents owe to countless individuals engaging in risky behavior behind the wheel. Rushing through intersections without stopping, cutting off other drivers, or speeding recklessly you name it, someone’s probably doing it.

Squalls of bad judgment on the roadways, reckless drivers leave destruction in their wake.

Fatigued Driving

Finally, fatigued or drowsy driving is an often-overlooked cause of car accidents in Miami. When drivers are tired or haven’t gotten enough sleep, they may have slower reaction times, impaired judgment, and even fall asleep at the wheel.

Sitting in traffic or taking a long road trip when our eyelids start to droop, it’s often more terrifying than exhilarating. It’s a concerning trend: one in 25 drivers admit to have fallen asleep while driving in the past month, making it essential to address this pressing issue.

What to Look for in a Miami Car Accident Lawyer

If you’ve been injured in a car accident in Miami, you may be wondering how to choose the right lawyer to represent you. With so many options out there, it can be overwhelming to know where to start.

Experience

To find the right Miami car accident lawyer for your case, it’s crucial to look for an attorney who has extensive experience in handling similar cases. This means they’ve worked with clients who have faced situations similar to yours and have a proven track record of success.

Look for a lawyer who specializes in personal injury law and has experience specifically with car accident cases. An experienced car accident lawyer will know how to navigate the complex legal system, gather evidence to support your claim, and negotiate with insurance companies to get you the compensation you deserve.

Reputation

When searching for a Miami car accident lawyer, it’s essential to consider their standing in the legal community and among past clients. A reputable lawyer is more likely to have the skills and expertise needed to secure a successful outcome for your car accident case.

You can research potential lawyers online, read reviews and testimonials, and ask for referrals from friends or family members who have worked with a car accident lawyer in the past. A lawyer with a strong reputation will have a proven track record of success and will be well-respected by their peers.

Communication Skills

Some folks inadvertently neglect striking the right chord with their accident lawyer. Don’t suffer ineffective communication. Select that champion versed in Miami car accident law; responsible, reachable any time; keeps the process comprehensible throughout.

A reliable car accident lawyer will be straightforward about their approach, communicate clearly throughout the case, and be accessible when you need guidance or reassurance.

Resources

Car accidents can leave lasting scars emotionally, physically, and financially. A Miami car accident lawyer with a deep understanding of the law and a commitment to serving their clients is your best bet for seeking justice and closure.

Look for a lawyer who has a team of support staff, access to expert witnesses, and the financial resources to take your case to trial if necessary. A well-resourced law firm will be able to devote the time and attention necessary to your case and will have the tools and expertise to build a compelling case on your behalf.

Availability

Finally, when choosing a Miami car accident lawyer, consider their availability and willingness to take on your case. You want an attorney who is accessible and responsive, and who will make your case a priority.

Look for a lawyer who offers a free initial consultation and who is willing to meet with you to discuss your case in detail. An available and attentive car accident lawyer will be there for you every step of the way, from the initial consultation to the final resolution of your case.

Key Takeaway:

If you’ve been in a car accident in Miami, don’t wait – seeking legal counsel sooner rather than later is crucial, as the statute of limitations in Florida is four years from the date of the accident, and minute counts in getting fair compensation for your injuries and damages.

Conclusion

In the wake of a car accident, it’s easy to feel lost and alone. You may be facing mounting medical bills, lost wages, and a long road to recovery. But you don’t have to go through this difficult time by yourself. A Miami car accident lawyer can be your advocate, your guide, and your support system.

After a car accident, it’s crucial to prioritize your well-being. A compassionate Miami car accident lawyer can provide you with the guidance and support you need to navigate the legal process and get the compensation you deserve. Contact us today.

Have a Personal Injury Case? Contact Attorney Michael Appel Today

When you need a personal injury law firm in Miami, FL, that actively seeks compensation for you and your affected loved ones, turn to our personal injury law firm. Call (786) 800-3491 to book an appointment with Attorney Michael Appel, PLC.

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