No-fault auto liability laws in Florida allow you to hold the driver who caused your head-on crash liable for your damages if you can prove you suffered serious or permanent injuries. After a serious wreck, a head-on collision accident and injury lawyer in Miami, FL, can help you with this process.
The Miami car accident lawyers from the Law Offices of Anidjar & Levine can help you determine if you are eligible to file this type of auto liability claim or a personal injury lawsuit based on the facts of your case. We offer free evaluations and can explain your legal options for compensation.
If you do meet the serious injury threshold or another exception to the state’s no-fault laws, we can investigate your case and file a claim on your behalf. Call us today at 1-800-747-3733 for your free case review and consultation.
Recovering Damages After a Miami Head-On Collision Accident and Injury
Under Florida’s no-fault auto insurance law, you must file an insurance claim based on your personal injury protection (PIP) policy before you pursue any other compensation. Florida requires you to carry at least $10,000 in PIP coverage.
In many cases when injuries are minor or moderate, this may be your only option for getting money to pay for your medical care and cover a portion of your lost wages. If you meet the serious injury threshold in the no-fault law or you meet another exception to the law, you can you hold the at-fault driver accountable.
Meeting the serious injury threshold allows you to make a car insurance claim based on the at-fault driver’s coverage. Alternatively, you can file a personal injury lawsuit against the driver. By filing a claim or a lawsuit, you can recover a much wider variety of damages than those available from your PIP policy. This includes a full range of economic and non-economic losses and expenses, such as:
- Emergency transportation, if you took an ambulance after your car accident;
- Medical care and hospitalization;
- Outpatient treatment;
- Physical therapy and other required therapies;
- Prescription drugs, including pain relievers;
- Lost wages and future lost wages if you cannot return to work;
- Vehicle repair or replacement;
- Rental car costs;
- Out-of-pocket expenses; and
- Pain and suffering
One of the most common questions we hear is, “How much is my case worth?” Once we conduct an investigation and negotiate a settlement with the insurance company, we can give you an accurate value for your case. The nature and severity of your injuries, the damage to your vehicle, the strength of your case against the other driver, and a number of other factors impact how much we can recover on your behalf.
Meeting the Serious Injury Threshold in a Miami Head-On Collision
Because of the forces involved, head-on collisions can be especially dangerous. If you suffered injuries you believe meet the state’s serious injury threshold, give us a call. We can evaluate your condition and determine if you qualify to hold the other driver liable for their negligent actions.
During your free case review, we might be able to learn enough about your condition to determine if you suffered serious injuries in the crash. We can then request your medical records and other documentation of the nature, severity, and long-term impact of your injuries.
In general, to meet the serious injury threshold, you must suffer:
- Injuries likely to cause your death;
- A significant impairment of an important body part, like an arm or a leg;
- Permanent injuries and lasting impairments; or
- Significant scarring or disfigurement.
You meet these criteria if your family member passed away after a fatal head-on crash. If you believe you have this type of claim, we are here to provide compassionate support for your family. We will review your case and determine if a wrongful death [In Progress: link to https://www.anidjarlevine.com/miami-injury/wrongful-death-lawyer/] action is the best option, or if there are other ways to recover the compensation your family needs and deserves.
Proving the Other Driver Caused Your Accident
All third-party auto liability insurance claims and personal injury lawsuits hinge on our ability to prove the defendant acted in a negligent manner. Proving fault in a head-on crash can be challenging because it is not always clear who crossed the center line and when. Cars often end up far from where they were when the impact occurred.
Proving negligence requires us to meet four elements:
- The other driver had a duty to drive in a reasonable manner, obey traffic laws, and stay in their lane;
- They failed to uphold this duty;
- Their failure directly led to your accident and injuries; and
- You suffered financial damages because of the crash.
We often call in accident reconstruction specialists and others to help us better understand what caused this type of crash. In general, some of the most common factors include:
- Speeding or driving too fast for conditions;
- Drunk driving [In Progress: link to https://www.anidjarlevine.com/miami-injury/drunk-driving-accident-lawyer/] or driving under the influence of drugs;
- Drowsy drivers;
- Drivers who fall asleep behind the wheel;
- Texting while driving;
- Talking on the telephone; and
- Other distracting behaviors.
After we get to the bottom of how the at-fault driver caused your head-on collision, we will approach their insurance company with a demand letter. This letter outlines our case and provides documentation of the damages you suffered. This typically evolves into a settlement negotiation process, with us trading offers back and forth until the insurer agrees to pay a fair settlement.
If the insurance company refuses to offer a fair settlement based on the facts of your case, we will not hesitate to file a personal injury lawsuit. We will represent you to the judge and jury, and present your case for compensation.
Contact a Head-On Collision and Injury Lawyer in Miami.
If you suffered serious injuries in a head-on collision, the team of car accident attorneys from the Law Offices of Anidjar & Levine can review your case for free. During your free case review, we can analyze the circumstances of your accident and help you understand your legal options for compensation. Call our Miami office at 1-800-747-3733 for a free consultation.