At Anidjar & Levine, we help our clients fight for the money they need after a car accident in Miami. Our car accident attorneys can help you pursue money to pay your bills, get medical care, and make up for lost wages and pain and suffering.
A Miami car accident lawyer from our personal injury law firm will take care of you quickly and aggressively. Our Miami personal injury lawyers will analyze options for compensation and help you through the claims process.
Legal Options After A Miami, FL, Car Accident
Florida is a no-fault state when it comes to car accidents. This means that after a crash, each driver’s own insurance pays for their medical expenses and certain other costs, regardless of who caused the accident. This is done through Personal Injury Protection (PIP) coverage, which is mandatory for most drivers in the state. PIP provides quick access to medical care and lost wages without the need for lawsuits or proving fault. However, it has significant limitations:
- It only covers a portion of medical bills and lost wages.
- It does not pay for pain and suffering or emotional distress.
- It doesn’t cover all medical expenses if they exceed the policy limits.
Despite the no-fault rules, accident victims can step outside the PIP system and sue the at-fault driver in certain cases, especially when:
- They suffer a serious injury (such as significant or permanent loss of a major bodily function, permanent injury, significant disfigurement, or death).
- Their damages far exceed what PIP covers.
In those situations, the victim can pursue a personal injury lawsuit to recover the full scope of damages, including pain and suffering, future medical expenses, and other losses not available under PIP.
Our car accident lawyers in Miami, FL, know how to prove the driver at fault was negligent and determine the value of your case. We could settle without ever taking your case to court, but we will not hesitate if needed.
How A Miami Car Accident Lawyer Works For You
When you trust a car accident lawyer in Miami, FL, from our firm with your motor vehicle accident case, we will go the extra mile to ensure you get the legal representation you deserve. Our lawyers provide responsive legal care to every client. This includes:
- Protecting your legal right to pursue financial compensation.
- Communicating with you regularly about your case.
- Gathering evidence and interviewing witnesses.
- Proving negligence and liability.
- Addressing accusations of contributory negligence.
- Documenting your accident-related damages.
- Working with experts when necessary to prove fault.
- Determining what damages you’re owed.
- Explaining any terminology and reviewing paperwork.
With the Law Offices of Anidjar & Levine on your side, you can just worry about getting better. We take care of everything else. We will build your case and go after the financial compensation you need. This may include negotiating a just settlement with the at-fault driver’s auto liability insurance provider, filing your PIP claim, or representing you to the judge and jury at a civil trial.
When you let one of our Miami car accident lawyers take on your case, you can feel confident that you have an attorney who will fight for your interests. A member of our team is always available to answer questions about the legal process in Miami, and your attorney can address any concerns you have about your case.
Finding The Right Miami Car Accident Lawyer For Your Case
Choosing a legal advocate to champion your rights and fight for the compensation you deserve can be overwhelming in the aftermath of a devastating collision. When it comes to finding the right Miami car accident lawyer for your case, there are several factors to consider. First and foremost, you want to make sure that you hire an attorney who has experience in auto accident cases.
Our lawyers have extensive knowledge and experience in handling such cases, which means we understand what it takes to achieve a favorable outcome. In addition to experience, it’s important to look for an attorney who is part of a reputable personal injury firm. These firms typically have a team of skilled accident attorneys who work together to build strong cases for their clients.
By choosing a lawyer from a well-established firm, you can benefit from their collective experience and resources. Moreover, personal injury firms often have a network of subject experts to call upon to provide additional support and evidence for your case.
Evidence A Miami Car Accident Lawyer Will Gather For Your Case
A car accident attorney in Miami, FL, can help you recover a substantial settlement. We can gather evidence and assemble a robust and compelling claim on your behalf. A car accident attorney can investigate your accident and gather evidence to strengthen your claim. This evidence may include:
- Police reports from the Miami Police Department or the Florida Highway Patrol
- Photos and videos
- Eyewitness statements
- Accident reconstruction
- Cell phone records
- Social media posts
- Blood and drug testing
- Medical records
- Expert witness testimony
If a dispute arises over who was at fault for the accident, a personal injury lawyer from our team could help minimize your liability. Under Florida Statutes § 768.81, you are still eligible to recover damages if you were less than 50% at fault for the accident. But the amount you can get back depends on how much fault you had in the accident.
How Expert Witnesses Can Help Your Miami Car Accident Case
When facing a challenging car crash case, having expert witnesses on your side can provide strong evidence and increase the chances of a favorable outcome. These individuals possess specialized knowledge and expertise that can greatly contribute to understanding the issues involved in Miami car accident cases.
Expert witnesses play a significant role in helping to establish liability in car accident cases. They can provide valuable insights into vehicle dynamics, human factors, road conditions, and accident reconstruction. By analyzing these aspects, they can offer an objective opinion regarding how the accident occurred and who may be at fault.
This expert testimony is often vital in proving negligence or recklessness on the part of another driver or party involved in the accident. In addition to liability determinations, expert witnesses are instrumental in assessing damages resulting from car accidents. They can evaluate medical records, examine physical evidence, review accident reports, and consult with other experts to determine the extent of injuries victims suffer.
How Expert Witnesses Add Credibility To Your Case
For cases involving catastrophic injuries such as spinal cord damage or traumatic brain injury, expert witnesses specializing in these areas can provide critical assessments that accurately reflect the long-term impact on accident victims’ lives.
Having expert witnesses testify on your behalf strengthens your accident claim and provides credibility to your case. Their professional qualifications and unbiased analysis lend weight to your arguments and make them more compelling before judges and juries. When pursuing a car crash lawsuit, it is essential to have a Miami car accident lawyer who understands how to effectively utilize expert witnesses to build a strong case based on facts and evidence.
Should You Hire A Personal Injury Lawyer For A Minor Car Accident?
You may want to hire a personal injury lawyer for a minor accident. Even small accidents can sometimes cause serious injuries. Many people don’t think they should get legal help after minor car accidents.
However, you could leave substantial money behind. Furthermore, even minor car collisions can have liability issues or involve multiple liable parties. Even in seemingly clear-cut cases, an insurance company could be challenging.
The Law Offices of Anidjar & Levine is here to clear up disputes, investigate liable parties, and fight for what you are entitled to.
The Importance Of Seeking Help
You should not hesitate to see a doctor, even if your injuries are minor. They can worsen over time, and you could get compensation for them. For instance, whiplash can take several days to manifest symptoms. Prompt care identifies injuries and allows you to pursue damages for those long-term consequences.
It is also important to seek medical attention from a medical professional directly after your accident to establish a link between your injuries and the car accident. If you wait a few weeks or months to get your injuries examined, an insurance company or the other party can argue that your injuries are not from the accident.
If we exhaust your PIP policy limits, we will pursue the other driver’s insurance, seeing that it fairly compensates you for both your economic and non-economic damages.
What Is The Average Settlement For Car Accidents?
Settlements for car accidents vary in total value, and there is no true average settlement amount. Our firm has settled car accident claims in the thousands and up to the millions of dollars. The amount you will receive for your Miami car accident depends on several factors, such as:
- The severity of your injuries
- The amount of damage to your car
- The amount of other property damage
- The circumstances of the accident
Our car collision attorneys catalog and understand these variables in your case, ensuring the full scope of your accident is reflected in your settlement.
Your Personal Losses Also Play A Role
The losses you’ve suffered can also impact your settlement amount. Other factors we consider when determining the value of your case include your:
- Career
- Medical history
- Dependents
- Hobbies
- Quality of life
This is why seeking help after an accident is important before committing to a settlement offer. Insurance adjusters see only numbers, but we look at the nuances of your situation.
Negotiating A Miami Car Accident Settlement
Negotiating a settlement agreement is an essential step in personal injury claims. It involves agreeing with the at-fault party or their insurance company outside of court to resolve your case. A Miami car accident lawyer from the Law Offices of Anidjar & Levine can help you handle this process efficiently and effectively. We will gather all the necessary evidence to support your claim and assess the full extent of your damages.
Armed with this information, they’ll enter into negotiations on your behalf. During negotiations, your lawyer will advocate for maximum compensation based on the strength of your case and the damages you’ve suffered. They’ll present persuasive arguments supported by evidence to convince the opposing party that settling for a fair amount is in everyone’s best interest.
Working closely with a car accident lawyer in Miami, FL, throughout the negotiation process means you have someone on your side working toward a favorable settlement agreement. They understand how insurance companies operate and are skilled at countering lowball offers often made by them. Ultimately, having legal representation ensures you seek just compensation for all the physical, emotional, and financial hardships caused by the car accident.
We Take Cases On A Contingency Fee Basis
You do not have to worry about whether you can afford our services. You pay us nothing upfront or out of pocket.
If we achieve a settlement or court award for you, we take our attorney’s fees from one or the other. You pay us nothing if we do not get you a fair settlement or win your court case.
What Damages Can You Recover In A Miami Car Accident Case?
How much money you can get from a car accident depends on how badly you were hurt and what you lost. We collect your receipts, bills, estimates, and other proof of your financial losses, which may include:
- Emergency transportation from the scene
- Emergency department treatment
- Inpatient treatment
- Inpatient rehabilitation
- Outpatient therapy
- In-home nursing care
- Prescription drugs
- Adaptive equipment costs
- Ongoing medical care costs
- Lost wages
- Vehicle repair costs
- Rental car costs
- Mental anguish
- Pain and suffering
What you need will depend on your injuries, prognosis, and impact on your life. However, you can rest assured that our team will dig into every facet of your accident expenses to ensure they’re accounted for in your damages.
Wrongful Death Damages
Our team sends if your loved one was in a fatal car accident in Miami. We can help you get compensation to cover the economic and non-economic damages associated with their crash and wrongful death. Our team at Anidjar & Levine can help you recover damages such as:
- Hospital bills
- Remaining medical expenses
- Hospice care
- Funeral expenses
- Burial or cremation costs
- Lost income
- Loss of parental guidance
- Loss of consortium
A wrongful death claim is one way to hold the negligent party accountable for taking the life of your loved one. These claims may also help you cover unexpected expenses after your loved one’s passing. Our wrongful death lawyers in Miami can explain more. Call our firm for a free consultation now.
Can You Sue An Individual Directly For A Car Accident?
You could sue someone personally after a car accident, depending on the circumstances. Treatment for accident injuries adds up more quickly than many people realize.
If your injuries are serious, you may have to pay for surgery, adaptive equipment like wheelchairs, and even in-home nursing care. During your recovery, you may also need to buy expensive prescription medicines. You should get paid for these basic needs.
You May Qualify To Sue For Severe Injuries
Florida personal injury law sets certain criteria for determining if car accidents are serious according to Florida Statutes § 627.737. If your injuries meet these criteria, you can claim additional damages. Under this law, “serious injury” includes:
- Injuries leading to death, now or in the future
- A significant impairment that affects the function of an important part of the body
- A permanent injury that causes impairments
- Scarring or disfigurement on the face, hands, or other significant areas
If any of these apply to your situation, you could pursue a lawsuit against the individual or individuals responsible. If you aren’t sure your condition is considered severe under Florida law, we can work with your doctors to evaluate your eligibility.
Seeking Compensation From The At-Fault Driver
When we review your case, we can quickly investigate further to see if your medical records confirm that you meet the serious injury threshold. If you do, we can collect evidence to prove the other driver caused your crash and file an insurance claim based on that driver’s auto liability policy.
Then, we’ll present your claim to their insurance company, explaining what you’ve lost because of the accident, how bad your injuries are, and how they affect your life. From there, we will request just compensation and negotiate a settlement to cover your damages.
The insurance company may occasionally refuse to negotiate or offer a fair settlement. If this happens, we may need to file a personal injury lawsuit against the at-fault driver. However, this is rare, and we can typically settle these cases out of court.
How Do Miami Car Accident Attorneys Deal With Insurance Companies?
A personal injury attorney from Anidjar & Levine will deal with the insurance companies for you. If you were injured in a car accident, you’d likely receive a call from the other driver’s insurance. Insurance adjusters are fully trained to negotiate from the first phone call and will be looking to protect the insurance company.
Anything you say to an insurance adjuster can be taken out of context and used against you regarding the payment of your claim. These issues are why having a Miami car accident attorney by your side can benefit your case. Your car accident attorney will:
- Calculate the full value of your losses due to the car accident.
- Negotiate any settlement offers.
- Provide an intermediary so that nothing you say can be held against you regarding your claim.
- Establish the right to take your vehicle to any mechanic or body shop for repair.
- Negotiate any appeals with the insurance representatives if the accident “totals” your vehicle.
- Continually pursue discussions instead of allowing insurance companies to ignore the claim.
- Prevent you from signing something that gives away your legal rights.
- Make sure that your medical expenses are paid, even if the insurance representatives attempt to minimize the damages or claim they were part of a pre-existing condition.
What Are The Common Tactics Insurance Adjusters Use?
Miami, FL, insurance companies use several tactics to avoid taking responsibility for their negligence. We have outlined these tactics in the table below:
| Insurance Company Tactics | Explanation |
| Delaying Claims Process | Insurance companies may intentionally delay processing claims in hopes that policyholders will become impatient or financially desperate enough to accept less compensation than they deserve. It is important to stay persistent and seek legal representation if necessary. |
| Denying Valid Claims | Some insurers wrongfully deny valid claims or undervalue them in an attempt to save money. If you believe your claim has been unfairly denied or undervalued, consult with a car accident lawyer who can help you fight for what you’re entitled to. |
| Offering Low Settlements | Insurance companies often offer low settlements initially as a way to resolve claims quickly and cheaply. However, these initial offers may not adequately cover all damages suffered in the accident. Consulting with an attorney before accepting any settlement offer is advised. |
| Using Recorded Statements | Insurance adjusters may request recorded statements from those involved in accidents shortly after the incident. It’s important to be cautious when providing such statements, as they can be used against you later to undermine your claim. Consulting with a lawyer before providing any recorded statements is recommended. |
How Long Will A Car Accident Claim Take To Settle?
There is no average time a car accident claim takes to settle in Florida because each case is different. Several factors determine how long a Miami car accident claim will take to settle and can include:
- Whether there is agreement as to who was at fault for the accident
- The severity of the injuries suffered.
- How long medical treatment will take for the personal injury victim
- Whether the insurance representatives provide a fair settlement offer quickly
Deadlines To Know
You can file a lawsuit if the insurer fails to offer you a fair settlement. The statute of limitations for filing a personal injury lawsuit in Florida is two years from the date of the crash, according to Florida Statutes § 95.11. The same statute explains that you typically have two years to file a wrongful death lawsuit if you lost a loved one in a Miami car accident.
Occasionally, a much closer deadline may apply in your case. Government agencies may only give victims of car accidents a few weeks or months to file paperwork about an incident. Missing this deadline could prevent you from filing a lawsuit if we cannot collect the compensation you need through an insurance claim.
Will You Have To Go To Court For Your Miami Car Accident?
Whether you have to go to court depends on several factors. Often, the other party and their insurance are willing to settle for a fair amount, eliminating the need to appear in court. However, if no fair settlement agreement is reached, filing a lawsuit and going to court is beneficial.
Here are some of the most common factors that determine whether a court appearance may be necessary to collect damages for your Miami car accident injuries:
- The severity of the accident
- The projected value of your Miami car accident claim
- Whether the at-fault party and their insurance are amenable to a fair, out-of-court settlement
- The strength of the evidence backing your claim
Our first option is to try to settle your claim out of court with the responsible party and their insurance company for a fair amount. However, we will only agree to a settlement if the other party is willing to pay the full cost of your economic and non-economic losses.
If they do not agree to do so, or if they make an offer that pays less than what you need, we may elect to file a lawsuit and go to court. If not going to court means accepting a settlement that leaves substantial money on the table, most people agree that a court appearance makes sense even if it is inconvenient and not always pleasant.
What To Expect If You Do Go To Court For Your Miami Car Accident
Going to court can be intimidating, but understanding what to expect can help ease some of your worries. When it comes to car accident cases in Miami, having an accident attorney can make these processes easier to deal with. Our auto accident lawyers will guide you through the legal process and protect your rights.
In court, your Miami car accident attorney will present evidence and argue on your behalf to prove liability and seek compensation for your injuries and damages. This may include medical records, witness testimonies, expert opinions, and other relevant documentation supporting your case.
The opposing party’s lawyer will also present their evidence and arguments. It’s important to remember that going to court does not guarantee a favorable outcome, but having a skilled accident attorney increases your chances of success. During the trial, both sides will have the opportunity to question witnesses under oath.
The judge or jury will carefully evaluate all the presented evidence before deciding. Going to court for a car accident case requires preparing and understanding the legal proceedings. With a personal injury attorney guiding you through the process, you will better understand the challenges of litigation.
What Happens If The At-Fault Party Is Uninsured Or Underinsured?
If the at-fault driver does not have car insurance, the situation can look even bleak, especially if you anticipate high medical bills and an extended absence from work. Who will pay these costs if the driver is uninsured? A car accident lawyer in Miami, FL, can help you get the fair compensation you need, even in the event of an uninsured driver.
Our team helps Miami car accident victims recover damages for crashes caused by uninsured drivers. You have several options when it comes to collecting money in this situation. You can:
- File a claim with your own insurance company’s PIP policy.
- File an uninsured motorist claim (if you have coverage).
- File a personal lawsuit against the at-fault driver.
Determining the most suitable approach depends on several factors, such as whether or not you have uninsured motorist coverage, your PIP policy limit, and the financial situation of the driver who hit you. We will evaluate your case thoroughly, considering all of these factors and pursuing a course of action that will result in the most lucrative outcome.
What Are the Most Dangerous Roads in Miami-Dade County, Florida?
According to the most recent information from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County has more car accidents than any other county. In 2023, the county saw more than 64,000 collisions, which resulted in 325 fatalities and over 29,000 injuries. Some studies have even shown that Miami is one of the worst cities to drive in due to high congestion levels, slower travel times, and a high percentage of motor vehicle deaths.
Miami has some of the most dangerous roads in the state. Thousands of people commute daily in and out of the city, and multi-lane roads can confuse inexperienced drivers. When reviewing Miami data from the Miami-Dade County Vision Zero plan, some of the most high-risk highways include:
- I-95
- State Road 836, also known as the Dolphin Expressway
- Biscayne Boulevard
- State Road 112, also known as the Airport Expressway
- I-195, also known as the Julia Tuttle Causeway
Many parts of Miami are very pedestrian-heavy, especially during certain times of the year. For instance, many people gather at Calle Ocho in the spring for a yearly arts and music festival. This can make it difficult to navigate once-empty streets and avoid hitting pedestrians, motorists, and bicyclists.
What Causes Car Accidents in Miami, Florida?
The Centers for Disease Control and Prevention (CDC) notes that, on average, Florida sees more collisions than any other state in the southern United States. Causes of collisions vary widely but are often caused by human error related to negligence. Some examples of this include:
- Speeding
- Tailgating
- Distracted driving
- Failing to follow traffic laws
- Turning left on a red light
- Failing to account for weather conditions when driving
- Failing to abide by traffic signals
- Driver inexperience
- Drunk drivers
- Drowsy driving
Whether you suffered harm due to a negligent driver or another factor, you can recover damages with the help of a Miami car accident lawyer from our personal injury law firm. They will investigate your case and gather evidence to hold the other party financially responsible for your damages.
What Injuries Can Car Collisions Cause in Miami-Dade County?
Every car accident comes with its circumstances. For instance, a major head-on collision may only produce a few cuts and bruises. Yet, a rear-end collision at a low speed could cause grievous injuries, such as whiplash, internal bleeding, spinal cord trauma, and traumatic brain injuries. Other injuries that collisions may cause include:
- Sprains and strains
- Torn ligaments
- Organ damage
- Nerve damage
- Soft-tissue injuries
Whatever physical injuries you suffer, you will likely have significant medical bills and be in pain for weeks, months, or even years. The impact of a collision can go far beyond physical injuries, too. After a crash, one may experience depression, anxiety, and post-traumatic stress disorder. This could make it difficult for an injured claimant to attend work, care for children, and perform daily tasks.
If you or a loved one was involved in a Miami car accident, seek medical care immediately. Keep all documentation you get from your provider, as this could bolster your case.
Contact Our Miami Car Crash Attorneys for a Free Case Consultation
Call the Law Offices of Anidjar & Levine today for a free consultation to discuss your accident and injuries. During your free consultation, you can learn more about personal injury laws and the potential benefits of hiring a Miami, FL, car accident lawyer.
We want to put our knowledge, experience, and resources to work for you.
We Can Help.
