Miami Car Accident Lawyer

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 analyze options for compensation and navigate the claims process for you.

Your Options After a Motor Vehicle Collision in Florida

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 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. 

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 deserve. 

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 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 you’re owed 
• Explaining any terminology and reviewing paperwork

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.

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 leave 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
• Negotiating with the insurance company
• Identifying additional damages you might be eligible to recover
• Avoiding the statute of limitations or other deadlines expiring

Moreover, you won’t have to face this process alone. An attorney from our team can handle the logistics of your case, allowing you the time you need to process and heal from your experience.

We’ll Build a Case for You

Our 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 strengthen your claim. This evidence may include:

• Police reports
• 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 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.

Should I Hire a Personal Injury Lawyer for a Minor Car 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 get legal help after minor car accidents. However, you could leave substantial money on the table by going it alone. 

Furthermore, even minor car collisions can end up having liability issues or involve more than one liable party. Even in seemingly clear-cut cases, an insurance company could prove challenging to deal with. The team from 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 you feel your injuries are minor. They can worsen over time, and you may be able to get compensated for them. For instance, whiplash can take several days to manifest symptoms and could cause lower quality of life long-term, according to findings from BMC Public Health. Prompt care not only identifies injuries but also allows you to pursue damages for those long-term consequences.

It is also important to seek medical attention 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 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

Our car collision attorneys take care to 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

Other factors we consider when determining the value of your case include your:

• Career
• Medical history
• Dependents
• Hobbies
• Quality of life

This is why it’s important to take time and seek help after an accident before committing to a settlement offer. Insurance adjusters see only numbers, but we look at the nuances of your situation. 

When Fault Is Shared Between Parties

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 Are Possible for a Car Accident Case?

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

What you need will depend on the injuries you suffered, your prognosis, and the impact on your life. However, you can rest assured that our team will dig into every facet of your accident expenses to make sure they’re accounted for in your damages. 

Wrongful Death Damages

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, 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 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. Our wrongful death attorneys can explain more. 

Don’t Let Your Case Be Undervalued by Insurance Companies

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 to push back against claims, denying or reducing them if possible.

This can take the form of convincing you that your case isn’t worth as much as you think. They may also try to rush into a settlement before you’ve had a chance to understand the ramifications of your condition. An attorney can provide a buffer between you and the insurance company, giving you a chance to assess your situation before agreeing to terms. 

Can I Sue An Individual Directly for 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
• Hospitalization
• Inpatient treatment
• Rehabilitation
• 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 (Florida Statutes § 627.737). 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

If any of these apply to your situation, you could pursue a lawsuit against the individual or individuals responsible. If you aren’t sure if 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 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.

How Do Miami Car Accident Attorneys Deal With Insurance Companies?

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 the payment of your claim. These issues (and many more) are why having an 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 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 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. 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.

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. 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(3)(a). 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 (Florida Statutes § 768.28(6)(a)(1)). 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.

Will I Have to Go to Court For My Miami Car Accident?

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 makes sense while inconvenient and not always pleasant.

What Happens If The At-Fault Party Is Uninsured Or Under-insured?

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. 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.

What Are The Most Dangerous Roads In Miami-Dade County, Florida?

Miami has some of the most dangerous roads in the state. Not only do thousands of people commute in and out of the city every day, but multi-lane roads can confuse inexperienced drivers. 

Here are some of Miami’s most high-risk areas when it comes to collisions: 

• I-95 
• State Road 826 (also known as the “Dolphin Expressway”) 
• The Palmetto Expressway 
• The Ronald Reagan Turnpike 
• Biscayne Boulevard 
• State Road 112 (also known as “Airport Expressway”) 

Many parts of Miami are very pedestrian heavy, especially during certain times of the year. For instance, in the spring, many people gather at Calle Ocho for a yearly arts and music festival. This can make it difficult to navigate once-empty streets and avoid hitting pedestrians, motorists, and bicyclists. 

Does Miami Experience a Lot of Car Accidents?

According to the most recent information from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Miami-Dade County experiences more car accidents than any other county. In 2020, the county saw more than 51,000 collisions, which resulted in 314 fatalities and over 24,000 injuries. 

The Miami-Dade Police Department keeps track of “traffic incidents.” In a single day, it can report more than 40 crashes, some of which result in serious injuries, halt traffic, and damage property. Per the county’s records, on February 25, 2022, alone, the city saw 43 collisions––and that was before the organization stopped collecting data for that day. 

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 usually caused by human error, per the U.S. General Services Administration. 

Human error comprises: 

• Speeding
• Tailgating
• Distracted driving
• Failing to yield
• Turning left on a red light 
• Failing to abide by traffic signals
• Driver inexperience
• Intoxication 
• Drowsy driving 

Whether you suffered harm due to driver error or another contributor, you can recover damages with the help of a Miami car accident lawyer from our 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 accident comes with its own circumstances. For instance, a seemingly 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 

The impact of a collision can go far beyond physical injuries. After being involved in 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. Be sure to keep all documentation you get from your provider, as this could bolster your case. 

Florida Experiences a Higher-Than-Average Rate For Fatalities

The Florida Department of Public Health notes that, on average, Florida’s age-adjusted injury rate is nearly nine times the national average. When it comes to car accidents, Florida’s car accident fatality rate is 27 percent higher than other states. 

There are many reasons for this increase, such as tourism, congested traffic, and driver inattention. Despite these factors, everyone has a civil obligation to drive with care. 

How Can I Contact The Law Offices of Anidjar & Levine for Help With My Miami Car Accident Case?

Call us 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 car accident lawyer. Miami victims of car accidents do not have to fight their battles on their own.