Car Accident Lawyer in Miami, FL

Miami has been ranked the 14^th most dangerous city for drivers. Florida tends to rank among the top five states in the country for number of car accidents, and Miami tends to rank top in the state for serious crashes and traffic accident fatalities. These accidents cost lives and cause serious injuries, including brain injuries, spinal cord trauma, emotional distress, fractures, scarring, and other life-changing harm.

If you have been in a car accident, consult with a Miami car accident lawyer at Flaxman Law Group. At Flaxman Law Group, we recognize the significant impact an injury can have on your life. With more than 55 years of combined legal experience and nearly $1 billion recovered for our clients, our family-owned firm provides you with tailored representation. The attorneys at our Miami offices are available to help you secure the full compensation you deserve, regardless of the type of injury. Our phones are staffed 24/7, so you can always reach someone.

Understanding Car Accidents in Miami

Miami’s roads are unpredictable. Congested highways like I-95 and busy intersections combine with challenging weather and many tourists who are unfamiliar with the city’s streets to create dangerous conditions.

When you’re in a car accident in Miami, your crash may include criminal charges if the at-fault driver was drinking and driving or otherwise breaking the law. Regardless of the outcome of any criminal case, and even in situations where no laws were broken, you may have a personal injury claim if your car accident and injuries were caused by someone’s intentional or negligent action or failure to act. You are also protected against some of the costs of your injuries through insurance.

Figuring out what to do next can be challenging, with so many possibilities. Here is what you will want to do if you’re in a Miami car accident:

• Seek immediate medical attention, even if injuries seem minor, so start documenting your injuries.
• Avoid giving statements to the insurance company or signing anything without legal advice.
• Preserve all evidence, including photos, medical records, witness contacts, and police reports.
• Consult with a car accident attorney as early as possible. Your lawyer can identify the full extent of your losses, handle all negotiations, and push back against lowball offers.
• Be patient. Quick settlements often come with less compensation.

Ultimately, working with the right Miami car accident lawyer is the most effective way to secure a fair and full settlement. Every car accident case is different, and your attorney may be able to help you pursue compensation for past and future medical expenses, lost income and reduced earning capacity, pain and suffering, emotional distress, property damage, loss of enjoyment of life, permanent disability or disfigurement, and any other losses. In severe cases, especially those involving reckless or intentional misconduct, your lawyer may help you seek punitive damages as well.

Miami Car Accident Laws and Regulations

Florida follows a no-fault insurance system, which means that after an accident, your own Personal Injury Protection (PIP) coverage typically pays for your medical bills and part of your lost wages regardless of who was responsible for the crash. This system is designed to provide quick access to care, but it also limits your ability to sue unless certain thresholds are met.

In addition, PIP does not cover all your costs. Under Florida law, drivers are only required to carry $10,000 in coverage, and this amount does not cover an extended hospital stay or a serious injury. In addition, PIP only covers 60% of lost income while you can’t work, up to the policy’s cap. Funeral expenses are also covered in the event of a fatal collision, but only up to $5,000, even though the average cost of a funeral in the state is over $7,000. The limits of PIP mean that injured victims and grieving families often face significant out-of-pocket costs.

However, if your injuries are considered “serious” under Florida law and were caused by someone’s negligence, you may be able to step outside the no-fault system and pursue a personal injury claim against the at-fault party. In these cases, you can seek compensation for additional damages that PIP doesn’t cover, including full lost wages, future medical costs, property damage, pain and suffering, and additional expenses. This is important, because car accidents end up costing more than many people realize. You don’t want to absorb these expenses yourself if you don’t have to.

If you are considering a claim, it’s important to understand Florida’s modified comparative negligence rule. If you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% responsible, your recovery would be reduced to $80,000. That’s why it’s essential to have an experienced attorney who can present the facts of your case clearly and protect your interests. An experienced attorney will ensure that you aren’t blamed for more of the accident than is fair, so you can get the compensation you need to pay for your costs.

Time is also a key factor. Florida’s statute of limitations generally gives you two years from the date of the accident to file a personal injury lawsuit. Miss that deadline, and your right to recover damages may be permanently lost.

However, while the statute of limitations applies to car accidents, truck accidents, and any vehicle accidents, there are exceptions. Under Florida’s minor’s tolling provision, you may have more time to file a claim if the victim is a minor at the time of the crash. You may also have more time to file if you were seriously impaired after the accident and could not file or if the at-fault driver took steps to hide their involvement or responsibility. There are also different timelines and procedures when claims involve government entities or other specific situations.

No matter how much time you think you have, it’s important to consult with a Miami car accident lawyer right away. They can step in and start protecting evidence. They also make sure you meet all deadlines and don’t harm your case by delaying filing.