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.
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, and your attorney’s legal team in Miami can address any concerns you have about your case.
You can reach a member of our Miami car accident team now. Call us today at 1-800-747-3733. We offer one free consultation and will evaluate the strength of your case during our initial free consultation. We take on car accident cases based on contingency. This means you pay no attorney’s fees until—and unless—we recover damages in your case. A free consultation can also help you understand more about the claims process, the rights you have after being involved in car accidents, and what actions you can take right away.
For a free legal consultation with a car accidents lawyer serving Miami, call (800) 747-3733
Is It Worth Hiring a Car Accident Attorney?
It is almost always worth hiring a car accident Miami lawyer after a vehicle collision. Even if the crash was minor, the benefits of hiring an attorney are immense. Without skilled and experienced legal representation, you could end up leaving substantial damage awards on the table. If you are worried about paying for an attorney, many car accident attorneys in Miami 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:
- A better chance of recovering substantial compensation
- 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
Personal injury lawyers can help you recover a larger and more substantial settlement. They can gather evidence and put together a robust and compelling claim on your behalf. A Miami car accident attorney can investigate your accident and gather evidence to make your claim stronger. 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 can help minimize your liability and thus maximize your awards. 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.
Another challenge faced by many victims of car accidents who elect not to retain an attorney is juggling the statute of limitations and other various deadlines that may apply to their claim. Unfortunately, if you let an important deadline expire, you could be time-barred from filing a claim and collecting damage awards from that point forward. Even if you have a compelling case with airtight evidence, you will not be eligible to receive any money.
A Miami car accident lawyer from the Law Offices of Anidjar & Levine can help you avoid these issues and recover the fair compensation you may be entitled to collect. We have helped many victims of car accidents collect monetary awards, and we want to help you, too. For one free consultation, call our Miami, FL, office today at 1-800-747-3733. We can answer any questions you may have about legal proceedings on car accidents in your free consultation.
Miami Car Accidents Lawyer Near Me (800) 747-3733
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.
The state of Florida is a no-fault state, meaning each driver carries personal injury protection (PIP) insurance policy to pay for most car accident injuries and related lost wages. When you experience harm in a car accident in Miami, you first file a claim with your PIP policy before seeking damages from the other driver and their insurance. Once your total damages exceed your PIP policy limit, you can go after the other driver and their insurer for what is left over.
Florida law requires you to carry at least $10,000 in personal injury protection coverage. If you were in a car crash, this is probably the first insurance claim you will file. However, if you believe you are likely to exceed this limit due to the nature or severity of your injuries, give us a call before you file your claim. We can file this claim for you and make sure your rights remain protected throughout the process. Florida car insurance laws are notoriously complex, and victims of car accidents too often leave money on the table because they do not go about filing optimally. At the Law Offices of Anidjar & Levine, we can file this claim for you and make sure your rights remain protected throughout the process.
We will collect evidence to prove your accident-related damages, including the cost of your medical bills and lost wages. It is important to note your PIP policy provides no coverage for pain and suffering damages. Instead, it only covers economic losses up to the limits of your policy. This is an important distinction because not only does Florida law entitle you to damages for pain and suffering and for other noneconomic losses, but it does not cap how much you can receive for such damages.
At the Law Offices of Anidjar & Levine, we diligently put together a compelling claim that makes clear the extent of your personal injury and how much you have suffered as a result of your accident. After exhausting your PIP policy limits, we will pursue the other driver’s insurance, seeing to it that it fairly compensates you for the full extent of both your economic and noneconomic damages.
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.
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 so 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 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.
Something else to consider is that Florida allows you to collect both economic and noneconomic damages after car accidents. Economic damages involve actual monetary loss and include things like medical bills, lost wages, and reduced earning capacity. Noneconomic damages are things like mental anguish and pain and suffering—unquestionably losses, but not ones that can be quantified in dollar terms. Unlike many states, Florida places no cap on how much you can recover in noneconomic damages for car accidents.
At the Law Offices of Anidjar & Levine, we fight to help you recover the most in both economic and noneconomic losses. We are so confident in our ability to get you money that we do not collect an attorney’s fee until our clients get paid. Schedule a free consultation with a team member at our office to learn more about how we handle payment for our services.
Complete a Free Case Evaluation form now
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. When your injuries are serious, the range of damages and losses you suffer seems to increase. Where a minor injury may allow you to drive yourself to the nearest hospital, serious injuries usually require some type of emergency transportation such as an ambulance or medical helicopter.
The more severe the injury, the more significant of a financial burden you face during your recovery. As if the physical and emotional pain of car accidents is not enough, the bills can pile up fast in the weeks and months that follow, compounding an already trying situation. If you have to miss work for an extended time because of your injury, it can make it even more difficult and stressful to manage your medical costs.
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; and
- 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 noneconomic 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 financial 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.
Because of our experience with Miami car accident claims, we know how to find accident-related losses many might overlook. This is important since you can collect both economic and noneconomic losses in a third-party claim and we calculate your pain and suffering damages based on your actual losses incurred. Our Miami car accident lawyers can help you recover the full slate of damages to which you are entitled under Florida law.
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 have bills for the ambulance ride, emergency room visit, hospitalization, inpatient treatment, rehabilitation, and 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.
If your accident was moderate or severe, you likely suffered major injuries and owe medical bills above and beyond what your PIP policy will cover. We can analyze the factors of your case and examine your medical records to see if you meet the criteria for us to file a third-party liability claim against the negligent driver who caused your crash.
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
- Permanent injury that cause impairments
- Scarring or disfigurement on the face, hands, or other significant areas
When we review your case, we can quickly determine if we need to 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, and we 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.
Once we submit all of the evidence regarding your personal injury to the insurance company, it will have a limited time to respond. Once it launches an investigation, it has three months (90 days) to either pay or deny your claim. If it denies your claim, it must provide evidence as to why it was denied. However, if a settlement is agreed upon, then the car insurance attorneys will have 20 days to provide the compensation agreed upon by both parties.
If the insurer fails to award you damages, you may be able to sue the driver personally.
Do Personal Injury Lawyers Deal With the Insurance Companies for Their Clients?
Yes, a personal injury attorney 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
Having an attorney on your side can help relieve a lot of the stress surrounding the negotiations for compensation for your injuries. An attorney can protect your interests and take the case to court if the insurance company refuses to compensate you.
An attorney will be able to handle the entire process, from filing the original insurance claim with the at-fault driver to handling every step of the insurance claim processing, including providing necessary documents and negotiating for the settlement amount that fully compensates you for your losses. Their legal team will also be able to answer all of your questions regarding your case, explain the law to you, and ultimately represent you in either settlement negotiations with the insurance representatives, or in a court of law. Your attorney in Miami will be your advocate throughout the entire process.
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 Statute § 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.
After both parties agree to a settlement, Florida Statute § 627.4265 requires insurance companies to pay the claim within 20 days.
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 Statute § 627.736 requires insurance companies to either pay or deny a PIP claim within 30 days.
If the insurer fails to offer you a fair settlement, you can file a lawsuit. The statute of limitations for filing a personal injury or property damage lawsuit in Florida is four years from the date of the crash. This may seem like a lot of time, but you need to act quickly to protect your rights. If you do not file your lawsuit within this window of time, the court will refuse to hear your case, even if you have a valid case. The earlier you involve us in your case, the better chance we have of collecting evidence to prove negligence and hold the at-fault driver accountable. Often, this requires only a police report and eyewitness testimony, but other cases are much more complicated and require the testimony of accident reconstruction experts and other specialists to prove negligence.
We advise you to take action as soon as your injuries stabilize. Contact us for a free consultation and we can look into your case and offer our analysis. This is also important because 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.
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
The Law Offices of Anidjar & Levine is a Miami car accident firm that fights for the rights of injured accident victims. If you were injured in a Miami car crash because of another driver’s negligence, we can go after that driver and their insurance company and help you recover the fair compensation you are entitled to collect. Even if the accident was partly your fault, under Florida law you may still be eligible to collect losses, and we can help.
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 noneconomic 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?
Car accidents can cause physical pain, emotional distress, and financial strain. In Florida, personal injury protection coverage is required, but bodily injury liability coverage is not. This lack of insurance requirement means it is possible that the other driver in your accident may not be insured to cover your losses.
If the at-fault driver does not have car insurance, the situation can look even more bleak, 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 Miami 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 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.
Upon learning that the driver who caused your car accident was not carrying insurance, it is normal to feel angry, nervous, even frightened, especially when you start thinking about all the expenses that will pile up in the weeks and months to come. A car accident attorney in Miami can help you determine your options.
How Can I Contact the Law Firm of Anidjar & Levine?
At the Law Firm of Anidjar & Levine, we represent Miami, FL, car accident victims and their families. We can fight for the full value of your claim, helping you recover compensation from a PIP claim or a third-party liability claim. Call us today at 1- 800-747-3733 to schedule 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 battle on their own.