At the Law Offices of Anidjar & Levine, we help our clients fight for the money they need after a car accident in Miami. We 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 firm will act quickly and aggressively on your behalf. We will analyze your options for compensation and navigate the claims process for you.
While an insurance claim based on your own personal injury protection (PIP) insurance policy is always possible, it may not always cover all of your accident-related expenses and losses. In some cases, Florida injury law allows accident victims to hold the at-fault motorist or another liable party financially accountable for their losses. This may be possible by:
- Filing a claim based on the motorist’s auto liability insurance policy; or
- Filing a personal injury lawsuit against the motorist and taking the case to trial
Our car accident lawyers in Miami, FL, know how to navigate both of these processes, providing evidence the at-fault motorist acted negligently and is liable, and proving the value of your case. We may be able to reach a settlement without ever taking your case to court, but we will not hesitate if the need arises.
For a free legal consultation with a car accidents lawyer serving Miami, call (800) 747-3733
How a Miami Car Accident Lawyer Works for You
When you trust a car accident lawyer in Miami from the Law Offices of Anidjar & Levine with your motor vehicle accident case, we will go the extra mile to ensure you get the legal representation you need. We provide responsive legal care to every client. This includes:
- Protecting your legal right to pursue compensation
- Communicating with you regularly about your case
- Gathering evidence
- Proving negligence and liability
- Addressing accusations of contributory negligence
- Documenting your accident-related damages
- Working with experts when necessary to prove fault as well as your losses
With our team on your side, you worry about getting better. We take care of everything else. We will fight to build a case and pursue the compensation you need, whether that means filing your PIP claim, negotiating a just settlement with the at-fault driver’s auto liability insurance provider, 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 on your side 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.
Miami Car Accidents Lawyer Near Me (800) 747-3733
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 and out of pocket. If we achieve a settlement or court award for you, we take our attorney’s fees from one or the other. If we do not get you a fair settlement or win your court case, you pay us nothing.
Is it Worth Hiring a Car Accident Attorney?
It is worth hiring a car accident lawyer in Miami after a vehicle collision. Even if the crash was minor, the benefits of hiring an attorney are immense. Without strong legal representation, you could end up leaving substantial damage awards on the table. If you are worried about paying for an attorney, we do not charge an attorney’s fee until you recover compensation.
Among the many benefits of hiring a Miami car accident lawyer to handle your claim are the following:
- Understanding all of your legal options
- Help to negotiate with the insurance company
- Identifying additional damages you might be eligible to recover
- Avoiding the statute of limitations or other deadlines expiring
We’ll Build a Strong Case for You
Personal injury lawyers can help you recover a substantial settlement. We can gather evidence and put together a robust and compelling claim on your behalf. A car accident attorney can investigate your accident and gather evidence to make your claim strong. This evidence may include:
- Police reports
- Photos and videos
- Eyewitness statements
- Accident reconstruction
- Cell phone records
- Expert witness testimony
If a dispute arises over who was at fault for the accident, a lawyer from our team may be able to help minimize your liability. Under Florida law, you are still eligible to recover damages even if you were partly at fault for the accident. However, the amount you can recover is inversely proportional to your share of the fault.
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Should I Hire a Personal Injury Lawyer for a Minor Accident?
You may want to hire a personal injury lawyer for a minor accident. In some cases, minor accidents still cause serious injuries. Many people do not believe they should hire a personal injury lawyer to file a claim after minor car accidents. However, you could leave substantial money on the table by going it alone. The Law Offices of Anidjar & Levine is here to fight for what you are entitled to.
You should not hesitate to see a doctor even if you feel your injuries are minor. They can worsen over time, and you may be able to get compensated for them. It is also important to seek medical attention directly after your accident so you can establish a link between your injuries and the car accident.
If you wait a few weeks or months to get your injuries looked at, an insurance company or the other party can argue that your injuries came from a different accident. If we exhaust your PIP policy limits, we will pursue the other driver’s insurance, seeing to it 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 wildly in total value, and it is difficult to impossible to estimate an average, as there are many factors at play. At the Law Offices of Anidjar & Levine, we have 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 a number of variables, 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
Another factor that affects your car accident settlement value is whether you were partly at fault for the accident. The state of Florida, unlike many states, follows a pure comparative liability law. Under this rule, you can recover damages after a car accident even if you were partly at fault. Your amount of fault will simply decrease your level of compensation.
For this reason, you should never listen to anyone who might tell you that you are ineligible to recover monetary awards because the accident was partly your fault. At the Law Offices of Anidjar & Levine, we fight to help you recover the most in both economic and non-economic losses.
What Damages Can I Collect for a Car Accident?
The damages you can recover for car accidents depend on the injuries and losses you suffered. We collect bills, receipts, estimates, and other documentation of your economic losses to prove your damages, 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
If you lost a loved one in a Miami car accident, we can also help you get the compensation you need to cover the economic and non-economic damages associated with their crash and wrongful death. A wrongful death claim is one way to hold the negligent driver accountable for taking the life of your loved one. Wrongful death claims may also help you cover unexpected expenses you incur after your loved one’s passing.
When you suffer damages from a car accident, the person responsible for the accident and their insurance should be the ones who foot the bill—not you. But many insurers do everything possible to avoid paying the damage awards claimants need. The insurance companies have skilled legal teams who are employed to push back against claims, denying or reducing them if possible.
Can I Sue Someone Personally after a Car Accident?
Depending on the circumstances, you may be able to sue someone personally after a car accident. Treatment for accident injuries adds up more quickly than many people realize. You may have bills for:
- The ambulance ride
- An emergency room visit
- Inpatient treatment
- Ongoing outpatient therapies
If your injuries are serious enough, you may have to pay for surgery, adaptive equipment like wheelchairs, and even in-home nursing care. You may also have to purchase expensive prescription drugs throughout your recovery process. You should be compensated for these necessities.
You May Qualify to Sue for Severe Injuries
Florida personal injury law sets certain criteria for determining if car accidents are serious. If your injuries meet these criteria, you are eligible to file a claim for 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
Seeking Compensation from the At-Fault Driver
When we review your case, we can quickly investigate further to see if your medical records confirm 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.
We will then present your claim to their insurance, outlining your accident-related losses, the severity of your injuries, and how your injuries affect your life. From there, we will request just compensation and negotiate a settlement to cover your damages.
Occasionally, the insurance company may 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.
Do Personal Injury Lawyers Deal with the Insurance Companies for their Clients?
Yes, a personal injury attorney from our team will deal with the insurance companies for you. If you were injured in a car accident, you will 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 payment of your claim. These issues, and many more, are why having an attorney by your side can be beneficial to your case. Your car accident attorney will be able to handle the following issues with your insurance on your behalf:
- 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 that you have the choice 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
How long does 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. Some factors 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 victim
- Whether the insurance representatives provide a fair settlement offer quickly
After receiving a claim, an insurance company in Florida has a reasonable period of time to pay for someone’s personal injury and losses. Florida Statutes §634.336 states that it is unlawful and deceptive for insurance companies to fail to reject or accept a claim within a reasonable period of time after proof is submitted.
The state of Florida also has a special set of laws related to personal injury protection claims. Personal injury protection (PIP) is an insurance policy held by the victim, and for any medical expenses, a victim will file with their own insurance first to receive damage awards for their claims. Florida Statutes §627.736 requires insurance companies to either pay or deny a PIP claim within 30 days.
Deadlines to Know
If the insurer fails to offer you a fair settlement, you can file a lawsuit. The statute of limitations for filing a personal injury lawsuit in Florida is generally four 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, there may be a much closer deadline that applies in your case. Government agencies, especially, may only give victims of car accidents a few weeks 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.
If you plan to file a lawsuit and wish to enlist help from one of our lawyers, you should reach out as soon as possible so they can get to work on your case. Lawyers need ample time to build a solid case. There is lots of evidence to collect, and they need to be able to get in touch with eyewitnesses and arrange interviews with them. The sooner you get legal help, the better.
Do You have to go to Court for Car Accidents?
Whether you have to go to court depends on a number of factors. Often, the other party and their insurance are willing to settle for a fair amount, eliminating the need to appear in court. But if no fair settlement agreement is reached, it is beneficial to file a lawsuit and go to court.
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, while inconvenient and not always pleasant, makes sense.
What Happens if the At-Fault Party Doesn’t Have Car Insurance?
If the at-fault driver does not have car insurance, the situation can look even bleaker, especially if you are anticipating high medical bills and an extended absence from work to recover from your injuries. Who will pay these costs if the driver was uninsured? A car accident lawyer can help you get the compensation you need even in the event of an uninsured driver.
The Law Offices of Anidjar & Levine 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
Which of these approaches makes the most sense depends on a number of factors, such as whether or not you have uninsured motorist coverage, what your PIP policy limit is, and the financial situation of the driver who hit you. At the Law Offices of Anidjar & Levine, we will evaluate your case thoroughly, taking all of these factors into consideration and pursuing a course of action that will result in the most lucrative outcome.
How Can I Contact the Law Offices of Anidjar & Levine?
Call us today at 1-800-747-3733 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 car accident lawyer. Miami victims of car accidents do not have to fight their battles on their own.