Hialeah Personal Injury Lawyer
The last thing you want to stress about while recovering from car accident injuries is how you are going to pay medical bills, repair your vehicle, and make up for the time you missed at work. To make matters worse, Florida’s complex no-fault car accident laws can make it difficult to know what type of damages you can recover.
The personal injury lawyers from the Law Offices of Wolf & Pravato can help you understand your right to compensation following a crash and can help you recover the money you need and deserve. If possible, we will hold the at-fault driver liable to the full extent of the law and maximize your payout.
Call us today at 954-633-8270 to schedule a free case review.
Recovering Damages After a Hialeah Car Accident
Often, it shocks our clients when they learn accident victims can often collect compensation above and beyond their own no-fault auto insurance policy. If another driver caused your Florida accident injuries, we can help you claim economic damages. If your injuries are permanent, we can also demand the driver’s insurance company pay to cover your noneconomic damages.
While we cannot know precisely what damages will be available to you without first identifying the full scope of your injuries, finalizing your medical care, and investigating your case, some common damages we often recover for our clients include:
Compensation from Your No-Fault Insurance Policy
Florida’s no-fault auto insurance laws require every motorist to carry a no-fault, personal injury protection (PIP) insurance policy. These PIP policies payout regardless of who caused the accident or any other factors. That is why it is called no-fault insurance. However, the coverage is extremely limited. It will pay for:
- 80 percent of medical treatment, until the cost reaches the upper limit of the policy
- 60 percent of your lost wages, until the loss exceeds the policy limits
This policy does not cover most other economic losses and will not compensate you for any emotional damages you suffered, including current and future pain and suffering.
Economic Damages Related to the Accident
If the cost of your medical care and other expenses exceed the limits of your PIP policy, we can sometimes pursue economic damages in a fault-based claim. If we can prove the other driver caused or contributed to the crash, we can file an insurance claim based on that driver’s liability insurance policies. This may allow us to recover:
- Any remaining medical care costs from the driver’s bodily injury liability coverage
- Ongoing care costs
- Additional lost wages
- Repair or replacement costs of your vehicle from the driver’s property damage liability policy
- Other expenses related to your accident or injury
Noneconomic Damages (Pain and Suffering)
If you suffered injuries that led to permanent scarring or impairments, you may qualify for an exception to the state’s no-fault laws. This would allow us to pursue a fault-based claim for noneconomic damages. These damages are often significant and maybe exponentially more substantial than your economic losses related to the crash.
We will fight to win you noneconomic damages such as:
- Past and current pain and suffering
- Future pain and suffering
- Mental anguish
- Other emotional damages
Wrongful Death Claims Contact our Hialeah Personal Injury Lawyer
If the crash in question led to your loved one’s death, we may be able to help you hold the at-fault driver accountable for her actions. We can file a wrongful death claim on your behalf to request damages that could include:
- Funeral and burial costs
- Other related expenses
- Loss of services and support
- Your own mental anguish
We might also be able to recover compensation for your loved one’s estate. This may include significant damages for any conscious pain and suffering he experienced.
Proving Negligence and Liability in a Hialeah Car Accident Case
Because all Florida drivers must carry no-fault insurance coverage, claims following very minor accidents rarely need to consider a fault. However, when a more serious accident occurs, we need to identify the negligent or careless driver who caused your wreck. We can often recover economic damages above and beyond your PIP policy, which sometimes also includes non-economic damages.
Under Florida law, we cannot file a Florida personal injury lawsuit against a driver who caused your crash unless you suffered a permanent injury. Florida Statute § 627.737(2) defines this as:
- “A loss of a significant bodily function”; or
- A permanent injury or impairment; or
- Permanent scarring and/or disfigurement
- Death
When we look into the circumstances surrounding your accident and injuries, we will consider all our options for compensation based on several factors. This includes:
- The severity of your injuries
- Your insurance coverage
- The other party’s insurance coverage
- The strength of our case against them
Our goal is to maximize your recovery, so we will analyze your medical records and conduct a full investigation into your case if we believe you may qualify to pursue a lawsuit against the at-fault driver.
Navigating the Car Accident Claims Process Call Our Hialeah Car Accident Lawyer
Before we can begin filing claims against the at-fault motorist, we need to ensure:
- We have a solid case proving he caused the accident;
- We have a good idea of his insurance coverage;
- Your injuries are fully realized;
- Your medical treatment has been finalized; and
- We understand what a fair settlement might look like.
Only once we complete this checklist can we consider drafting and sending our demand letter to the other driver’s auto liability coverage provider. Assuming the driver carries both a property damage liability policy and a bodily injury liability policy, we will demand a full payout to cover your accident-related expenses and losses.
There are several possible outcomes to this demand:
- The insurer agrees to pay us the full amount; or
- It refuses to pay us anything; or
- It counter-offers a much lower amount
The most common by far is the last option, and this usually launches settlement negotiations. Often, we can aggressively negotiate with the insurance company and eventually reach a settlement that you think is fair.
If we cannot reach a settlement or it denies our claim outright, we will not hesitate to take your cast to court. Litigation is sometimes the only way to maximize your recovery in a Hialeah car accident case.
Talk to One of Our Hialeah Personal Injury Lawyers Today
The personal injury team from Wolf & Pravato handles all types of Florida auto accident cases, including:
- Passenger car
- Truck
- Motorcycle
- Pedestrian
- Bicycle
- Taxi
- Uber or Lyft
Call the Law Offices of Wolf & Pravato today at 954-633-8270 or use our online contact form to set up your free case evaluation and consultation with a member of our team.
Police Departments Serving Hialeah, FL Hialeah Police Department
5555 E 8th Ave
Hialeah, FL 33013
Hospitals Serving Hialeah, FL Hialeah Hospital
651 E 25th St.
Hialeah, FL 33013
Palmetto General Hospital
2001 W 68th St.
Hialeah, FL 33016
Larkin Community Hospital
1475 W 49th PL
Hialeah, FL 33012
References:
The 2023 Florida Statutes(including Special Session C)
Florida Insurance Requirements
Courts Serving Hialeah, FL Dade County District Court
11 E 6th St.
Hialeah, FL 33010
