Miami Car Accident Lawyer
Miami is a beautiful city in Florida where car accidents are very common. The experts of Florida Highway Safety and Motor Vehicles reported that, in 2018, no less than 403,626 motor vehicle crashes occurred on Florida’s roads. Unfortunately, 64,627 of these crashes took place in Miami-Dade County, and 19,841 were hit-and-runs. While all drivers are required to have insurance to cover their injuries after an accident, some injuries are quite severe, and insurance policies might not cover everything.
If your insurance is not enough to cover all your accident-related expenses, I, attorney Jared Newman, can help you file a lawsuit against the driver responsible for the crash. Miami is one of the largest cities in the area, so a fair share of tragic car accidents happens here. Each year, thousands of people are seriously injured in car crashes, and sometimes their lives are permanently affected. You deserve to be compensated for injuries caused by another driver’s negligence.
If you or someone close to you was involved in a motor vehicle accident in Miami, do not hesitate to contact my firm, Jared Newman, Esq.. Call me at 954-866-1790 and you will receive a free legal consultation. I will offer you my undivided attention and be at your service 24/7.
What Should You Do After Being Involved In A Car Accident In Miami?
If you are not badly hurt and can easily get out of your vehicle, the first thing that you need to do is ensure that everyone else is OK. Afterward, you need to remember to get the insurance and contact information of the other driver and as many witnesses as possible. If you have all the aforementioned details, I will be able to start working on your case immediately. Without this information, I will have to wait for the police report.
If you were involved in a motor vehicle accident, it would be wise to seek medical treatment. Even if you do not think you were injured, you should get checked out by a doctor. In some cases, car accident injuries might not be obvious at first, as they will only show up a few hours or even a few days after the incident. Traumatic brain injuries (TBIs), for instance, can show up several months after the victim was involved in a car accident. In the United States, TBIs account for 30% of all deaths that occur due to injuries. According to the Centers for Disease Control and Prevention (CDC), the majority of TBI victims (aged between 15 and 34) were involved in car crashes.
I can help you even if you are hospitalized. I am at your service 24/7, and I can come to your hospital room personally and discuss your case. It is worth mentioning that you will not have to pay anything, and all you have to do to benefit from a free consultation is to call my office.
Did You Know That Florida Is A No-Fault State?
If you are from Florida, then you probably know that Florida is a no-fault state. That means that all drivers involved in car accidents, regardless of their fault, can receive compensation for their injuries and other damages from their own insurance companies. However, things can get complicated, and negotiating with insurance providers can be very tricky. If you find yourself in a situation where you need to negotiate in order to receive compensation, it’s important to keep a few things in mind.
First, filing a claim through your insurance policy provider doesn’t guarantee that you will receive fair compensation. In fact, most insurance companies do everything in their power to offer minimal compensation and will pressure the client to sign away their rights. I strongly suggest that you not sign anything without discussing it with a car accident attorney. Keep in mind that, at Jared Newman, Esq., all clients receive free consultations.
Second, a good auto accident attorney will have your best interests in mind and negotiate aggressively with the insurance companies. They will also find all alternative options for receiving fair compensation, including uninsured (UM) or underinsured motorist coverage (UIM). Depending on the severity of your injuries and the circumstances of the accident, you might be entitled to receive compensation from the driver who was at fault.
Third, all insurance companies have large teams of skilled legal assistants, so fighting on your own is never a good idea. With me at your side, your chances of receiving fair compensation are greatly improved. If you were involved in a car accident, do not hesitate to contact my firm today to schedule a free consultation.
How Long Do You Have To Hire An Attorney After A Car Accident In Florida?
After an accident, you only have so much time to hire a lawyer and file your lawsuit. Different types of claims may have different time limits. These time limits are set forth in statutes of limitations. According to Florida Statute § 95.11(3)(a), a plaintiff in a car accident case has four years from the date of the accident to file their lawsuit.
This time limit might seem generous at first, but keep in mind that lawsuits are notoriously time-consuming. Not only that, but many plaintiffs might not realize that they can file a lawsuit until years after their accident. As a no-fault state, drivers often mistakenly believe that they are unable to file a lawsuit because they are required to go through their insurance. While this is sometimes true, many drivers can file lawsuits if their cases meet certain criteria. It could be years after an accident that a driver realizes they have a potential lawsuit on their hands.
As long as you file your claim within the four-year time limit, you are free to take your claim to court. However, it is better to file as soon as possible. The longer you wait to file your lawsuit, the more evidence will be lost and the less reliable witness testimony may become. In some cases, witnesses may move out of state, and plaintiffs will have no idea where to find them. You may also lose track of medical records from the accident and evidence of property damage to your vehicle.
The Process Of Filing A Claim For Injuries After A Car Accident
Filing a claim or lawsuit for injuries after a car accident in Florida is a little bit trickier than in other states because of Florida’s no-fault insurance laws. Before filing a lawsuit against another driver, you must file a claim with your own insurance company. Under Florida’s no-fault rules, insurance companies must cover car accident expenses no matter who is at fault. The amount covered is usually based on your specific insurance policy.
After being compensated by your insurance company, you can reevaluate the extent of your damages with me. If you have damages not covered by your insurance that still need to be covered, I can begin filing your lawsuit against the other driver. Insurance does not usually cover things like pain and suffering or other nontangible damages. I can help you get the compensation you need and deserve.
Is Hiring A Lawyer For A Car Accident Case Affordable?
The short answer is yes. Everyone involved in a car accident can afford to hire a lawyer and should do so.
A very common concern for victims of an accident is whether they can afford a lawyer. Why is that? In the aftermath of an accident, most people worry about paying their medical bills and recovering their lost income, so hiring a lawyer might not seem like a viable solution.
The good news is that I work on a contingency fee basis. This means that the fee is contingent on the outcome. The fee is only paid if the case is successful.
How Much Do Personal Injury Attorneys Charge?
If the lawyer is successful and recovers compensation, they will be entitled to take a percentage of the final settlement or the final verdict at trial. If no money is recovered, then the client does not owe anything to the lawyer. The contingency fee arrangement balances the interests of both the client and the attorney.
What percentage do you take? In general, it ranges from 33.3% to 40% of the settlement amount or final verdict.
In addition to the contingency fee, personal injury lawyers are entitled to deduct any costs advanced by them. Costs are out-of-pocket expenses that lawyers pay in the furtherance of a case. I cover these costs and expenses and then deduct them from the client’s share of the settlement or final judgment. The attorney fees are calculated based on the total settlement, and then the costs are deducted after the attorney fees are deducted.
Costs and expenses in a personal injury case include:
- Court costs, such as filing fees, service of process and deposition fees
- Travel costs
- Fees for expert witnesses, such as life care planners, medical experts and engineers
- Research costs
- Copying, faxing and postage
- Medical records
- Police reports
Keep in mind that if the case settles before a lawsuit is filed, the contingency fee and costs are lower.
The initial meetings and consultations are always 100% free. If you were involved in a car accident in Miami and are worried about the costs, now you know that there is nothing to worry about. So, do not hesitate to contact me. I will analyze your situation and determine whether you have a case.
What Damages Can You Recover After A Car Accident?
When it comes to motor vehicle accidents, Florida is not the place to be in, and the great majority of incidents happen in large cities such as Miami. Not all car accidents are fatal, but a lot of them lead to long-term medical problems and loss of income.
If you were recently involved in an auto accident in Miami, you would have to negotiate or litigate with the insurance company. Most insurance companies have a lot of resources and will do everything in their power to avoid paying just and fair compensation. I will represent you and ensure that you are fairly compensated. After analyzing your case, I will advise you on what to expect and formulate a strategy tailored to the facts of your individual situation. According to the local laws and regulations, you might be entitled to three different types of damages: economic damages, such as past medical bills; noneconomic damages, such as pain and suffering; and punitive damages.
Economic damages should cover all past, present and future medical expenses. They can also cover any income lost due to the accident, expenses associated with physical recovery, burial and funeral expenses, and repair or replacement of damaged personal property, among other costs.
Most insurance companies will agree to cover the victim’s past medical expenses. However, they will avoid paying for future medical expenses, such as follow-up appointments, therapy, additional surgery and long-term treatment. An experienced personal injury attorney can ensure that all these expenses are covered.
Noneconomic damages are awarded to car accident victims who suffer permanent injuries. Some examples of noneconomic damages are pain and suffering, mental anguish, loss of companionship and loss of consortium (if the victim’s marriage is affected by the accident).
Noneconomic damages are inherently subjective, so they can be difficult to determine in some cases. Things like mental or emotional anguish are often based on the plaintiff’s word and, perhaps, that of a mental health professional like a psychiatrist as well. To prove these damages, I will need to show what kind of impact the accident has had on your life. The more your life has been affected, the more damages you might be awarded.
If the accident happened due to another driver’s gross negligence, the victim might be entitled to receive punitive damages. As a general rule, personal injury lawyers consider that negligent driving includes distracted driving (talking on the phone, texting, drinking or eating, or fiddling with smart devices or the car radio) and driving under the influence (drugs, alcohol, certain prescription pills). But, before receiving punitive damages, there has to be a finding that the defendant acted with reckless or grossly negligent behavior. Talk to me about the possible damages in your case.
What If The Other Driver Was Uninsured?
If the other driver was uninsured, you would only face complications if you pursue a personal injury lawsuit. If, after filing a claim with your own insurance company, you feel that all your damages are covered and you have no needs that still need to be met, a lawsuit might not be necessary. However, because insurance does not often cover all your damages, you may want to sue the other driver. In that case, their lack of insurance may pose a problem.
Ordinarily, the other driver’s insurance would help them pay for your damages in a lawsuit. However, when the other driver is uninsured, they must foot that bill all on their own. Your damages could cost many thousands of dollars, and a defendant might not be financially able to pay for everything. There is a real possibility that your defendant will be insolvent and unable to pay.
If your defendant is uninsured, it might be a good idea to engage in settlement negotiations. I can use the negotiation process to figure out how much they are able to pay versus how much you need them to pay. A settlement agreement might be the best option if I can come to a number that works for both parties. Contact me for help.
What If You Were Injured But Also Partially At Fault For The Accident?
In most car accident cases, plaintiffs sue defendants based on negligence. However, it is not unusual for plaintiffs to bear a bit of responsibility for their own car accidents. For example, if another vehicle crashed into you head-on but you were speeding at the time, thus making the accident worse, the defendant could argue that you are contributorily negligent. According to Florida Statute § 768.81, Florida adheres to a rule of pure comparative negligence.
Under Florida’s rule of pure comparative negligence, a plaintiff may see their damages award reduced in proportion to their own negligence. For example, if a court determines that you were 20% at fault for the accident, your total damages will be reduced by 20%. However, no amount of contributory negligence will completely bar you from recovery.
If you want to file a lawsuit to recover compensation for your damages after a car accident, call me at Jared Newman, Esq., for help. I can review your case and determine if there are any issues of contributory negligence.
I Can Help
Not everybody knows what to do after a car accident. By hiring me after you’ve been involved in a car crash in Miami, your chances of getting fair compensation are greatly increased. For more information, contact Jared Newman, Esq., today by calling 954-866-1790.