Car Accident Claim in Miami
If you were hurt in a car accident in Miami, you can file a claim with the insurance company to cover your damages. However, knowing what to include in your claim and what to say to the insurer can be tricky. Save yourself the guesswork and consider hiring a lawyer from the Law Offices of Wolf & Pravato.
We pride ourselves on providing responsive legal care to all our clients while they recuperate from their accident injuries. You can learn more about we handle Miami car accident claims when you call our office for a free consultation. Dial (954) 633-8270 today.
How the Car Accident Claim Process Works in Florida
Florida is a no-fault state, per Florida Statutes § 627.7407. This law means drivers must purchase personal injury protection (PIP) insurance that covers their medical bills and a portion of their lost income up to policy limits if they get hurt in an auto accident. It doesn’t matter who’s at fault.
With that, a driver would first file a claim with their auto insurer to cover their damages. Should their damages exceed the policy limits, they can pursue the other driver for additional damages via an insurance claim or lawsuit. Damages you can seek in these actions may include the following:
- Past and future medical care expenses
- Income losses
- Future loss of earning capacity
- Pain and suffering
- Mental distress
- Vehicle repair expenses
- Scarring and disfigurement
This compensation can help you bounce back to your previous financial, emotional, and physical well-being.
Filing a Lawsuit Against the Other Party After a Car Accident
If you qualify to file a lawsuit, you must comply with the statute of limitations, a legal deadline by which claimants must sue the liable party. Under Florida Statutes § 95.11(3)(a), you typically have four years to bring this civil action. You could be eligible for an exception, but they’re uncommon.
It’s best for you to start your case as soon as possible. Waiting too long could risk missing the deadline, which may ultimately bar you from holding the other party accountable for your damages.
How to Build an Effective Miami Car Accident Claim
The best thing you can do for your car accident claim is to document everything related to the crash. That includes the following:
- Pictures of the crash scene from different viewpoints
- Pictures of any visible injuries
- Witness names and contact details
If the police came to the scene, they should have filled out a police report. This document provides an objective account of the accident and lists everyone involved. As the Department of Florida Highway Safety of Motor Vehicles (FLHSMV) explains, you can access it 10 days after the incident. Also, if you received medical attention, hang on to those records and bills, as they will help link the accident to your injuries.
All this information should demonstrate the other party’s negligence in that they owed you a duty of care, didn’t uphold it and caused the collision and your injuries and damages.
Have a Miami Car Accident Lawyer From Our Team Help Build Your Claim
Our attorneys have been serving Florida car accident victims for over two decades, so we’re no strangers to building robust claims. Entrust us with your case, and we can manage these tasks for you:
- Ordering the police report
- Collecting different types of evidence
- Naming the at-fault and liable party
- Calculating your damages
- Interacting with the other party’s representation
- Fighting for a fair settlement in negotiations or in a trial
The Law Offices of Wolf & Pravato offer our help on a contingency fee basis, so you only pay us if we recover compensation for you.
Frequently Asked Questions Regarding Miami Car Accident Claims
Over the years, our firm has received various questions about clients’ Miami car accident claims, and many of the same ones have kept coming up, such as:
How Do You Win a Car Accident Claim?
The keys to winning your car accident claim include:
- Collecting robust evidence that supports your claims
- Seeking prompt medical attention and following your doctor’s orders
- Refraining from posting on social media
- Having a lawyer work on your case on your behalf
In reference to the last bullet, our personal injury attorneys have handled hundreds of car accident cases. They know the ins, outs, and nuances of the system and have the resources and experience to take on your case while you recover.
What Is the Average Settlement for a Car Accident?
It’s not easy to determine the average settlement for a car accident for a few reasons. For starters, most settlements and court awards are confidential, so accessing the information isn’t always possible. In addition, and perhaps most importantly, each case comes with its own circumstances, so figuring out the average settlement would be like comparing apples and oranges.
Two people can be in the same accident in the same car and still experience different injuries and damages. Their settlements will depend on factors like:
- The car accident’s details
- The parties involved
- The injuries sustained and their severity
- Medical care and prognosis
- The accident’s effect on working abilities
- Emotional and mental well-being
An attorney can review your case to determine how much your settlement could be.
How Long Does It Take to Negotiate a Car Accident Claim?
Like the settlement amount, how long it takes to negotiate a car accident claim depends on your case. If you and your lawyer can identify the other party, their negligent actions, and the damages you sustained, you may receive your settlement payout pretty quickly.
However, if the insurance adjuster drags out the process and keeps questioning your side of the story, or if there are multiple parties involved in your case, the negotiation process will take longer. It may take years to come to a resolution, especially if it goes to trial.
How Can I Maximize My Miami Car Accident Claim?
The accident is over, but that doesn’t mean you can’t do things that support your case. Taking these steps can make all the difference in the compensation you receive.
- Stay at the accident scene. If it’s not safe to stay on the road; pull over to the shoulder. Don’t leave until the police arrive. Otherwise, you could face penalties for a hit and run. Once they come to the scene, they’ll write up a report, which can be important documentation for your case.
- Document the scene. If it’s safe, take pictures of your car and the accident scene from different angles. This objective view of the crash can help solidify your claims against the at-fault party.
- Ask for witness information. If anyone saw the accident, take down their names and phone numbers. You can use their accounts as evidence when you build your claim or lawsuit.
- Accept medical care. An ambulance might have transported you to the hospital, and a doctor could have checked you for injuries. If not, seek medical attention right away, even if you don’t have symptoms. Better safe than sorry. Also, if the insurance company sees a gap between the accident and your doctor’s visit, they may be more likely to blame something else on your injuries, which risks your right to fair compensation.
- Report the car accident to your insurance company. Each insurer has its own policy regarding how long its policyholders have to inform them of their involvement in an accident, but the sooner, the better. That way, they can launch an investigation and access important, time-sensitive evidence before it fades.
After taking each of the steps, think about hiring a car accident attorney from our firm. They will assume all responsibilities related to your case.
What Do I Not Say to an Insurance Adjuster Before Filing a Car Accident Claim?
When speaking to the insurance adjuster, make sure you take these precautions before filing a Miami car accident claim—even if it’s your own adjuster.
- Never admit fault. Saying “I’m sorry about what happened” counts as an admission, even if you are clearly not at fault for the accident.
- Don’t tell them how you’re doing physically or emotionally. They’ll take your statement, “I’m fine,” like you’re no longer in pain, so there’s no reason for them to pay out your claim, especially your future damages. Instead, tell them that you’ll get back to them.
- Refrain from giving them your account of the car accident in Miami. If the insurance adjuster asks for your version of the crash, politely decline. The only information you should give them is your name and contact information. If you give them anything more than that, they could twist your words to fit their narrative—all to protect their bottom line.
You can avoid all communication with the insurance adjuster if you hire a car accident attorney. They handle emails, letters, texts, and phone calls for you. Should the adjuster ever reach out to you, refer them to your Miami car accident lawyer, and they will take it from there.
Get Help With Your Miami Car Accident Claim Today
Navigating the Miami car accident claim process can prove confusing quickly. However, when you get a personal injury lawyer from the Law Offices of Wolf & Pravato on your side, you can spare yourself from this frustration. We can manage your entire case from start to finish while remaining attentive and caring—our team is known for treating our clients like family.
Contact our firm today for a free consultation at (954) 633-8270. There is no obligation.
