Car accidents are responsible for injuring and killing South Florida residents and visitors every year. If you are recovering from a car crash, you may be struggling to balance your physical and emotional recovery with your financial obligations.
The Law Firm of Anidjar & Levine is here to help. By filing an insurance claim on your behalf, we can make sure you get the benefits you need. If those benefits are not enough to cover your severe injuries, we can go after those responsible for your accident in court. Call 800-747-3733 today to discuss your legal options with a car accident lawyer in Doral—for free.
What Damages Can I Recover?
If you suffered injuries in a car accident, there are certain steps you can take to recover both economic and non-economic damages to pay for your accident-related expenses.
Economic damages refer to any documented financial losses related to the accident. Some common examples include:
- Lost wages and projected future loss of income;
- Past and future medical bills, including hospital stay costs, EMS invoices, doctor’s bills, and rehabilitation expenses; and
- Vehicle damages.
It may be harder to quantify non-economic damages, but this compensation is just as essential to the victim’s recovery process. Non-economic damages can cover:
- Pain and suffering;
- Loss of services or consortium;
- Mental anguish;
- Loss of enjoyment of life;
- Emotional trauma; and
- Aggravation of pre-existing injuries.
How Can I Get Compensation?
When a car accident victim first consults with one of our attorneys, we review the facts of the case and discuss the best ways for them to recover damages. In most cases, the best options involve:
- Filing an insurance claim with your insurance company; or
- Filing a claim or lawsuit against the parties responsible for your accident.
Let our attorneys help you with all stages of the insurance and legal process to make sure you recover the maximum amount of damages possible.
Florida Is a No-Fault State.
In Florida, all drivers must sign up for car insurance to cover their medical bills and lost wages if they are ever in an accident. Florida drivers must carry $10,000 in personal injury protection (PIP) coverage.
If an accident occurs, you can collect damages from your own insurer by filing a claim for PIP benefits. You will receive these benefits even if you were at fault for the accident.
How Much Will I Receive in PIP Benefits?
No-fault coverage allows injured drivers to recover compensation more quickly than a lawsuit or fault-based insurance investigation would allow. However, there are also a few downsides.
First, PIP benefits cover a maximum of 80 percent of your medical bills and 60 percent of your lost wages—up to $10,000. In reality, you may not recover more than $2,500 unless the insurer qualifies your condition as an emergency. Certain procedures are not covered and, if you wait too long to seek medical treatment, you may lose out on PIP benefits entirely.
Benefits totaling less than $10,000 are likely not enough to cover your bills—especially if you suffered severe injuries. Insurers also do not provide any compensation for mental anguish, pain and suffering, or other non-economic costs.
It is important to note that accident victims are not guaranteed to recover full benefits from their insurers. In many cases, insurers dispute certain aspects of the claim, therefore reducing the amount of benefits recovered. Our attorneys can help appeal a decision like this or negotiate a settlement for a more reasonable amount from your insurer. However, the adjustor on your case may be more interested in saving their company money than giving you the damages you deserve.
What Can I Do If I Do Not Get Enough Compensation From My Insurer?
In addition to filing an insurance claim, you may file a claim or civil lawsuit against the parties liable for damages as long as your injuries qualify as severe under Florida law. Car accident victims with severe injuries typically have experienced one or more of the following:
- A significant or permanent loss of function in part of the body;
- A permanent injury;
- Disfigurement or scarring; or
Our attorneys will review your medical records and consult with medical experts to determine if your injuries are legally severe enough to allow us to step outside of your PIP policy to get you additional compensation.
How Can a Lawyer Help Me Get Additional Compensation?
At the Law Firm of Anidjar & Levine, our attorneys will do more than just review your case. We will analyze every detail to make sure we understand exactly how the accident occurred as well as the affect it had on your life. We will likely base our case on the theory of negligence.
To establish negligence, we will need to establish fault. We will need to show that the other driver in your accident breached a duty owed to you and caused your accident and injuries by acting negligently. Proving negligence requires us to:
- Present police reports, photos and videos from the scene of the crash, and witness testimony to establish what happened;
- Introduce the testimony of accident reconstructionists and other scientific experts to determine what caused the accident;
- Call medical experts to the stand to explain how the accident caused your injuries and the long-term effects you now face; and
- Present medical reports documenting your injuries and medical treatments.
Once we have established that the defendant was negligent and is at fault for your injuries, we will establish your damages.
We will prove your economic damages by presenting:
- Pay stubs from your employer documenting past wages;
- Expert testimony regarding your ability to earn income in the future; and
- Medical bills to show the medical costs incurred.
In order to establish damages for emotional distress and other non-economic damages, we may have to:
- Provide testimony from your primary care physician, psychologist, and other treating physicians to describe the emotional trauma you experienced because of the accident;
- Secure testimony from a mental health counselor regarding how the accident has affected your mental state; and
- Have your friends and family describe your ability to function after the accident and explain how your injuries have affected your relationships.
How Can I Speak With a Car Accident Lawyer in Doral Today?
If you were in a car accident in Doral, you deserve compensation for your injuries. The experienced attorneys at the Law Firm of Anidjar & Levine understand that every accident has a different set of circumstances and injuries. We know how to navigate the challenges each case presents to get our clients the best possible result.
As you work to put your life back together after such a tragedy, we will be tirelessly working to build a strong case on your behalf. Let us get started today. Call us at 800-747-3733 for a free consultation.