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Your Miami Accident Lawyer - Serving Injured South Florida Car Accident Victims

If you or a loved one were injured in a car accident in Miami due to the negligence of another party, and subsequently find yourself searching online for a "car accident lawyer near me",  you have arrived in the right place. Put an experienced Miami car accident lawyer, like the Beharry Law Firm in your corner to fight for the money you deserve.

At the Beharry Law Firm, our car accident lawyer has the experience and skill set to take even the most complex cases involving car accidents (including Lyft or Uber accidents).

City of Miami

DO'S & DON'TS After A Car Accident In South Florida

After being involved in a car crash, it’s critical to know what you SHOULD DO,  but equally as important is what you SHOULD NOT do – both at the scene of the accident and in the ensuing days, weeks, and months following the car wreck in Miami FL.

It's understandable that immediately after the accident, you’re likely to be shaken up and preoccupied, but the below DO’s & DON’Ts will help protect your legal rights and possibly increase your chances of a favorable outcome from your car accident lawsuit.

DO's

AT The Car Accident Scene

  • DO Call 911 to create an accident report to prevent blame being placed on you – the responding officer’s report will be one of the more critical pieces of evidence presented in your car accident case.
  • DO Exchange Info with the other party involved to include license, contact info, vehicle VIN & insurance
  • DO Take Pics of the damage sustained to both cars, their license plate, & of the accident location
  • DO Document All Accident Details to include the location the accident took place , if possible with a diagram and what the weather conditions were at the time

AFTER The Car Accident

  • DO Immediately Seek A Medical Evaluation – pursuing the proper medical attention will be critical when it comes to filing a car accident claim.
  • DO Call A Car Accident Lawyer Immediately – to schedule your FREE Consultation to discuss the details of your auto accident claim. One of the biggest factors of a successful car accident claim is being represented by competent car accident lawyers in Miami who has extensive experience in handling a variety of accident cases.
  • DO Start A Medical Journal - document all doctor’s visits, other medically related appointments, and specifically how you feel daily after any sustained injuries.
  • DO Track Time You Missed from Work – you could fight to be compensated for the lost income during that time.

DON'Ts

AT The Car Accident Scene

  • DON’T Leave The Scene of The Car Accident - doing so is a serious offense that can not only affect the outcome of your case, but could also land you in legal trouble.
  • DON’T Move Your Car - unless it is required by law or it is deemed unsafe for others in its current location.
  • DON’T Say Too Much – even something as innocent as apologizing to the other party involved in the accident could be construed as admitting fault,  simply tell the police officer what happened

AFTER The Car Accident

  • DON’T Record Any Statements with an insurance company.  When asked, simply say “NO”
  • DON’T Sign Any Paperwork from the insurance company without having an attorney review them first–it’s a safe bet that any paperwork that an insurance company is asking you to sign isn’t in your best interest
  • DON’T Get Too Comfortable with insurance adjusters – remember they’re on the side of their employer, not your side.
  • DON’T Settle Or Negotiate without an experienced car accident lawyer representing you.
  • DON’T Post On Social Media any details regarding your car accident,  to prevent the insurer from using it against you and deny your claim
  • DON’T Wait To Contact An Auto Accident Lawyerevidence, such as videos from nearby businesses often disappear quickly, PLUS they can “properly” guide you through the process

After being in a motor vehicle accident that was the fault of another party, you likely have questions.  Below is a list of questions and answers that address some common concerns of prior accident victims which may help you better understand your rights:

Q: What legal options are available to an individual who has sustained a 'serious' injury in a traffic collision in Florida?

A: An individual who has sustained a 'serious' injury in a traffic collision in Florida has the legal option to pursue a lawsuit or settlement within four years from the date of the accident.

Q: What rights does an individual have if they have suffered a 'serious' injury as defined by the state of Florida in a traffic collision?

A: If an individual has suffered a 'serious' injury as defined by the state of Florida in a traffic collision, they have the right to take legal action against the negligent driver or another liable party.

Q: What specific types of injuries meet the state's definition of a 'serious injury' in Florida?

A: In Florida, injuries are considered 'serious' if they are permanent, result in death, include significant scarring or disfigurement, or lead to a permanent loss of a basic bodily function.

Q: When can an injured accident victim take legal action to hold a negligent driver or another liable party accountable in Florida?

A: An injured accident victim in Florida can take legal action to hold a negligent driver accountable only when their injury meets the state's definition of a 'serious injury.'

Q: What are the criteria for determining if an injury is considered 'serious' under Florida law?

A: An injury is considered 'serious' under Florida law if it is permanent, results in death, includes significant scarring or disfigurement, or leads to a permanent loss of a basic bodily function.

So, if you or your loved one have been injured as a result of a car crash in South Florida, justice is what you deserve. Hire our accident attorney to help you get that justice.

Why Obtaining an Accident Report Is Important

Following a car accident in Miami, it is important to call the police to write up a accident report on the accident. This report should be completed by the officer who responds to the scene of the accident. His/Her report can be a crucial piece of evidence in a pending accident lawsuit.

car accident report scaled

The Process To Obtain A Police Accident Report

Rest assured, it is fairly easy to get yourself a copy of the accident report.  After the police officer completes filling out the details of the car accident in his/her report, you should be provided with a receipt that contains an accident ID number. With that information, you can just call up the local police station, provide the ID number and get a copy of the police report. If by chance the police officer failed to provide you with that receipt or you happened to have misplaced it, you can still get a copy by giving them the date, time, and location of the car accident.

Although there may be a small fee assessed to obtain a copy of your report, don't let that be a problem, as this vital document can prove to be very useful to your case in proving who was at fault in your car accident. This, of course, can sometimes determine whether or not compensation will be awarded to you.

Police Reports Can Be Critical To An Accident Claim

A police report is sometimes critical to a Miami car accident case. An accident report, which is often the official version of your accident, is what an insurance company uses to determine fault and issue compensation for your injuries. A police report is often the first thing an insurance representative will examine to determine who was responsible for your car accident. A car accident claim without this document can be incomplete and result in a much lower settlement offer or even perhaps a flat out denial.

What Information is Contained Inside a Police Accident Report?

The officer who first responded to the scene of the accident typically fills out an accident report that contains a summary of his/her investigation. Their report will include relevant information about the accident, which includes things like:

  • Date, time and exact location of the wreck
  • Names, addresses, and information about insurance for all parties involved
  • Traffic citations may be issued to responsible party(ies)
  • Information regarding witnesses to the wreck, their contact info and accounts of the car crash, AND . .
  • Finally, officer's opinion on who was responsible for the crash will be included

Beharry Law Cares About Its Clients

Care About Our Clients e1673584117956

Our dedication to personal attention and drive to win your case is matched by our determination to succeed. What you'll find at the Beharry Law Firm is an attorney that will be attentive to your needs, listening to your concerns and answering all your questions during our free consultation.

The most common concern of victims following an accident is related to the compensation they will be entitled to following the car accident.  To answer that, let's examine the following 7 questions & answers that will shed some much needed light on that concern.

Q: How can a car accident attorney help in evaluating the details of the case and determining the potential compensation for both financial and emotional losses, such as in the case of a severe injury resulting in long-lasting consequences?

A: An attorney can assist in evaluating the specifics of the case, determining the potential compensation available for financial and emotional losses, and advocating for the best possible outcome, especially in scenarios involving severe injuries with significant long-term impacts.

Q: Why is it recommended to consult with an accident attorney to understand the value of the claim and the different types of compensation available for monetary and non-monetary losses?

A: Consulting with an accident attorney is recommended to assess the value of the claim and explore the various compensation options for both financial and emotional losses, as legal professionals can provide guidance on navigating the complex rules and securing adequate compensation.

Q: How can individuals file a personal injury claim against the other driver's insurance company or directly against the liable party if their insurance coverage does not fully cover the damages?

A. Individuals can pursue a claim against the other driver's insurance company or directly against the liable party to seek compensation beyond what their insurance covers, especially if the damages exceed the policy limits.

Q: What options are available if the injury meets Florida's serious injury threshold and individuals want to seek compensation beyond the no-fault system?

A: If the injury meets Florida's serious injury threshold, individuals can go outside the no-fault system to bring a claim against the other driver's insurance company or file a personal injury lawsuit directly against the liable party.

Q: What is the compensation limit through PIP coverage if the injury is not classified as an emergency medical condition (EMC)?

A: If the injury is not classified as an 'emergency medical condition' (EMC), individuals are entitled to $2,500 in compensation through their PIP coverage.

Q: Does personal injury protection (PIP) coverage in Florida cover non-economic damages like pain and suffering?

A: No, PIP coverage in Florida does not provide compensation for non-economic damages such as pain and suffering.

Q: What are the specific components of compensation provided under Florida's no-fault insurance system after a car accident?

A: Under Florida's no-fault insurance system, individuals are entitled to compensation for certain damages, including up to 80% of medical expenses, up to 60% of lost wages/income, and coverage for certain miscellaneous out-of-pocket expenses.

The last thing you should worry about is fighting the other driver's insurance company to get fair compensation. To help with another of your potential concerns, here are the answers to commonly asked questions related to the cost to hire an accident lawyer, like the Beharry Law Firm:

Q: Do clients have to pay any out-of-pocket fees when hiring a personal injury lawyer for a car accident case?

A: Clients do not have to pay any out-of-pocket fees when hiring a personal injury lawyer for a car accident case as the fees are covered by the recovery obtained by the attorney.

Q: How are attorney fees calculated in personal injury cases, particularly in car accident claims?

A: Attorney fees are calculated as a percentage of the overall recovery obtained by the lawyer, meaning clients pay a portion of their compensation as fees.

Q: When do clients need to pay attorney fees when working with a personal injury lawyer?

A: Clients only pay attorney fees when their lawyer obtains a settlement or jury verdict on their behalf.

Q: What is a contingency fee basis and how does it apply to hiring an auto accident lawyer?

A: A contingency fee basis means that clients do not pay any attorney fees until their lawyer secures an out-of-court settlement or a jury verdict.

Q: How do personal injury lawyers typically work on automobile accident claims in terms of payment?

A: Personal injury lawyers, including those handling car accident claims, work on a contingency fee basis.

We know it can be tempting to accept an initial offer from the other party's insurer just to get some money and move on.  But, oftentimes, from experience, their initial offer is far less than the amount you will need to cover your current medical bills, ongoing medical care, and other costs associated with your typical car accident injuries.

Now, go ahead and employ the assistance of our experienced accident lawyer in Miami.

Common Causes of Car Accidents in Miami

Despite technological advances, like backup cameras, adaptive headlights, and forward collision braking systems (FCS) in today’s vehicles, car accidents are still happening at an alarming rate.

What are some common causes of car accidents in Florida?

Common causes of car accidents in Florida include intoxicated drivers, distractions, uncontrollable weather conditions, excessive speeding, reckless driving maneuvers, failure to follow legal traffic regulations, tailgating, road rage and aggressive driving, design defects in roads and vehicles, and ridesharing services like Ubers and Lyfts.

To better understand the causes, we have listed below 4  questions and answers that address the most common culprits of accidents here in Miami:

1. Why does excessive speeding lead to car accidents in Florida?

Excessive speeding in Florida reduces a driver's ability to react to sudden changes in traffic conditions, increases the likelihood of losing control of the vehicle, and shortens the time available to avoid collisions, thus leading to car accidents.

2. How do uncontrollable weather conditions impact car accidents in Florida?

Uncontrollable weather conditions, like rain, fog, or strong winds, can reduce visibility, create slippery road surfaces, and lead to reduced traction, all of which contribute to car accidents in Florida.

3. What role do distractions play in causing car accidents in Florida?

Distractions, such as texting while driving, talking on the phone, eating, or adjusting the radio, can divert a driver's attention from the road, increasing the likelihood of accidents in Florida.

4. How do intoxicated drivers contribute to car accidents in Florida?

Intoxicated drivers contribute to car accidents in Florida by impairing their ability to operate a vehicle safely, leading to poor decision-making, delayed reactions, and an increased risk of collisions.

Generally speaking, the causes of these traffic accidents generally fall into one of two categories. The first of which is the fault of human error, and the second are those being outside of driver’s control.

Car Accidents Caused By Driver Error

Most car wrecks in the surrounding Miami-Dade areas are not related to whether the driver knows how to properly operate a vehicle. Instead, they are a result of the decisions made by drivers when behind the wheel that jeopardizes highway safety. In fact, the National Highway Traffic And Safety Administration estimates that nearly 94% of all accidents involving motor vehicles are caused by human error.

Unfortunately, many drivers, at some point will eventually find themselves being guilty of some of the leading causes of auto accidents. Educating drivers about these issues can help them be safer on the roads while preventing motor vehicle accidents.

The following leading causes can be avoided by taking preventative steps the next time that you drive.

Speeding

Speeding-related car wrecks are most often the result of events that involve running late for work, not keeping up with surrounding traffic or driving unintentionally over the posted speed limits.

Driving distracted

Distracted driving is one of the leading causes of accidents on the road. Fact is . . . . the brain cannot focus on multiple tasks at once, contrary to popular belief. This means that if a driver is texting or talking on the phone, grooming themselves or reading something, in other words, driving while distracted, their brain switches between these tasks, and is unable to fully focus on the next task.

Driving under the Influence

The sad reality is that drunk driving accidents contribute to an average of 29 deaths per day. Fortunately, recent educational efforts have helped curtail the number of drunk driving related deaths.

Ignoring Traffic Signals

Nearly 40% of car accidents occur at intersections, either from running through a red light or a stop sign. Having patience and waiting as much as one to three minutes can avoid the risk of injuring or even killing oneself or others.

Reckless Driving

This can be characterized by the driver performing lane changes too quickly, having a blatant disregard for the safety of other drivers and/or their property, or simply purposely failing to take cautionary measures.

Aggressive Driving

Aggressive driving may involve a number of different traffic offenses that can endanger other drivers on the road, which may include speeding.

Fatigue

Drivers that operate a vehicle while being sleepy, drowsy, or feeling exhausted, such as those that drive alot, i.e. Truckers, can have their driving ability impaired so much that they can’t appropriately respond, react, or discern the conditions of the road.

Car Accident Causes Unrelated to Human Error

Even the safest and most defensive drivers can occasionally fall victim to an accident while driving, but not due to any error on their part. The factors below can create unsafe driving conditions.

Weather Conditions

Slippery roads from rain, visual difficulty in fog, high wind speeds from tropical storms and flooding from high water levels may also contribute to weather-related accidents that tend to cause vehicles to slide on/off the road or hit other vehicles and objects.

Road Conditions

Roads that are poorly maintained often increase the risk of a car’s tire being blown out and will therefore negatively influence a driver’s ability to brake adequately and pull safely off the road.

Vehicle Defects

With the amount of parts, both moving and non-moving, that go into manufacturing a safely functioning car, it is not uncommon for some of them at times to malfunction which can possibly lead to causing accidents on the road.

Roads in Miami Where Car Accidents Are More Likely To Occur

Common routes for motor vehicle accidents throughout Miami, include the following freeways:

Common Routes for car accidents 1
  • Interstate 95 – connecting north Miami-Dade to Downtown Miami
  • SR 826 (a.k.a Palmetto Expressway) – partially circling Miami from northeast to southwest
  • SR 836 (a.k.a Dolphin Expressway) – connecting east parts of Miami to west Miami
  • Florida Turnpike – running towards and from The Florida Keys
  • Interstate 75 – connecting northwest Miami -Dade to west Broward county
  • Interstate 395 (a.k.a MacArthur Causeway) – connecting Midtown Miami to South Beach
  • Interstate 195 (a.k.a Airport Expressway)- connecting Miami  International Airport area to Miami Beach
  • SR 874 (a.k.a Don Shula Expressway) – connecting SR 826(south) to Florida Turnpike

Because these are the most common roads for accidents to occur here in Miami, if you have to traverse them during your daily commute, it you would be best prepared if you checked ahead of time what the traffic conditions are related to your usual route.  That way, if there is severe traffic conditions related to an accident, you can plan to take an alternative route.

Q: Where can individuals find the latest and most accurate information about traffic conditions in Miami?

A: Individuals can find the most up-to-date and accurate information on traffic conditions in Miami by consulting with local traffic authorities, municipal sources, or by using online navigation tools for real-time traffic updates and insights.

Miami Car Accident Statistics

With an estimated population of nearly 2.7 million people, Miami-Dade county is the largest county within the state of Florida.

accident statistics

Unfortunately, car accidents happen all too frequent and can inflict serious injury, catastrophic and sometimes life-altering injuries on accident victims living in Miami Florida that can unfortunately result in a wrongful death.   In fact, according to the Florida Highway Safety and Motor Vehicles Department, accident stats in Miami-Dade County from 2021,  there were a total of 62,536 car wrecks. Of those, 28,706 resulted in injuries from 353 fatal car accidents.  Our accident attorney focuses heavily on car accidents due to the frequency and severity of accidents in Miami Florida.  We understand how these injuries impact people and how to best help them fight for appropriate compensation awards.

Typical Injuries Suffered in Miami Car Accidents

A common myth amongst car accident victims is the belief that, the bigger the crash, and more extensive property damage to the car, the bigger the injury. The truth of the matter, is that even small and seemingly minor car crashes can result in the most serious, even a catastrophic/ permanent injury requiring extensive medical care. For vulnerable areas, such as the brain, spine, joints, and bones, it doesn’t require much force to cause significant damage.

Our personal injury lawyer helps victims with the following common car accident injuries involving any motor vehicle type throughout the Miami-Dade areas:

TBIs or Traumatic Brain Injuries

Spinal Cord Injuries, including partial or full paralysis (either temporary or permanent)

Back and Neck Injuries

Dislocated joints

Leg, ankle and knee injuries

Fractures and broken bones

Internal bleeding and injuries

Scarring and disfigurement

Facial Injuries, to include dental or eye injuries

Major lacerations

Soft tissue injuries

Burns

Permanent disabilities

Fatal Injuries

Wrongful Death

We can also help clients fight for compensation due to nonphysical injuries. Florida law, albeit complex, allow a car accident victim with the assistance of auto accident attorneys to file a claim and demand compensation for emotional, mental and psychological suffering, but only if they meet the standards of severity as dictated by the Florida Statues.  They can also get compensated for their physical pain and any economic losses. Our auto accident attorney will fight to seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after bad accident.

Understanding Florida Car Accident Laws

Florida has complex laws regarding accidents involving motor vehicles. Because of that, it is crucial to be familiar with them, particularly if you are a victim. If you choose not to be familiar with them, nor get help from an accident attorney, you could make an error that could likely result in less compensation to you or none at all. For more information and to get help with with your auto accident claims, you should contact a law firm immediately after you've been in an auto collision. We will help navigate you through the Florida accident laws pertaining to your personal injury case.

Statutes of limitations

The statute of limitations is the deadline in which you can file a claim in Florida. Florida law gives all accident victims of motor vehicle accidents (car, truck & motorcycles) four years after the accident occurred to file an insurance claim, as well as property-damage claims. But, it's in your best interests to seek help from an experienced auto accident attorney sooner, as the passage of time can make it difficult to establish liability as well as summon witnesses who can recall the events accurately.

Statue of Limitations

Plus, under laws of the state of Florida, you should seek medical treatment within 14 days of the accident that contributed to your injuries or you will potentially lose your ability to claim benefits from your personal injury protection (PIP) coverage.

No fault-based auto insurance

Florida is a no-fault based car insurance state. The “no-fault” law in Florida states: in the event of a car accident, both involved parties should turn to their car insurance policies to file an insurance claim, regardless of who was at fault for the accident. To cover that requirement by the state, all Florida drivers MUST include Personal Injury Protection (PIP) coverage in their car insurance policy. Florida's no-fault laws are intended to make it easier to seek medical treatment for those injured in the vehicles involved in the accident. The PIP coverage will cover your medical treatments and lost wages up to the predetermined amount of your policy limits. And if you end up with more serious injuries and they meet the law's "injury threshold" or they exceed your PIP coverage, then you can choose to pursue a lawsuit against the other driver.

Here at the Beharry Law Firm, our Miami injury lawyer has a very deep and practical knowledge of Florida's car accident laws. Our legal team keeps up-to-date on all changes to the law. Our goal is to not only help personal injury victims, but also to have a positive effect on car accident laws generally through our legal representation.

Proving Negligence in A Car Accident Claim

negligence

Florida personal injury law uses the term "negligence" to refer to a plaintiff's legal theory. This legal theory tends to be the basis of most car accident claims, and other personal injury  claim lawsuits as well. Negligence is when someone fails to fulfill their accepted duty of care. This is an obligation that one must use the same degree of care as a reasonable person in similar situations. The duty of care is typically used in a case involving a car accident as it points to the driver's obligation to observe traffic laws, drive safely, and avoid car wrecks.

In order to prove negligence in a case involving a car accident in Miami Florida, you must have convincing evidence that either the driver or another defendant violated their duty of care. A breach of that duty is a failure to exercise the required degree of care in that particular situation. The injured accident victim with the aid of his or her experienced car accident lawyer in Miami FL must then prove that the defendant's breach was the direct or indirect cause of the accident. Had the defendant not been negligent, the motor vehicle accident would never have happened.

In Florida, evidence of negligence is required to establish the elements of an accident insurance claim. That evidence could include:

  • a police accident report
  • photographs and video footage
  • signed eyewitness statements
  • testimony from experts in car wrecks
  • crash reconstruction
  • medical records
  • cell phone records
  • commercial driver's employment records

Our Miami accident lawyer can help collect all the evidence needed to prove negligence by the defendant in your car accident lawsuit.

How Comparative Negligence Impacts South Florida Personal Injury Cases

To decrease the amount of a victim's settlement or judgment, it is possible for the opposing party's insurer to use comparative negligence. It states that the victim was partially responsible for the accident, and as a result should hold the defendant liable for a lower percentage of the calculated damages.

In the State of Florida, comparative negligence defenses can be used against you in a car accident case. If it is, this could lower the amount of compensation you receive from the other driver. For example, if it is determined that you are 20% at fault, then your final compensation will be reduced by a comparable percentage.

Since the State of Florida allows the pure comparative negligence rule to be used, victims can be held responsible for up to 99 per cent for the accident and still receive the 1 percent financial compensation. So, to maximize your financial recovery, it is crucial that you work with our experienced Miami accident lawyer who can oppose the comparative negligence defense.

Compensation For Miami Car Accident Victims

uber accident compensation

If you were injured in a MVA accident in the Miami-Dade area as a result of another person's negligence, wrecklessness or intentional act, with the assistance of our experienced Miami accident attorney, you have a better chance of receiving compensation for the following:

Medical Expenses

For medical bills incurred as a result of a minor or serious injury, you are entitled to compensation. These include:

  • Ambulance bills
  • Hospital bills
  • Physical therapy
  • Consultations with specialists
  • In-home care services
  • Counseling in psychiatrics

Property Damage

You have the right to claim compensation for any damage to your property, which is usually the cost of replacing or repairing your car.

Pain and Suffering

These damages are intended to compensate for the emotional and physical distress caused by a motor vehicle accident. These more complex damages, which are often difficult to quantify, can make up a significant portion of your car accident settlement.

Loss of Wages

Compensation for lost wages is available if your injuries have affected your ability to work. Your employer must send you a letter detailing your salary and how many hours you missed.

Punitive Damages

If you were a victim of a willful or malicious act, you could also be awarded punitive damages. The purpose of punitive damages is to deter future defendants from acting in similar ways.

Legal Process / Time Frame For A Car Accident Claim in Miami-Dade

In Miami Dade, personal injury lawyers file accident claims in a civil court which are treated much the same as a personal injury lawsuit. The plaintiff is the person who files the lawsuit (usually with the help of an experienced accident attorney) and seeks compensation for damages from the defendant.

timeframe and process

Below is a brief overview of the steps involved after a car accident attorney files a lawsuit.

  1. File a complaint with the County court: This is the first step to pursuing a lawsuit for car accident injuries. It entails  a detailed description of what happened, along with the damages you claim. It also outlines the legal basis for filing the injury lawsuit. In the State of Florida, the statute of limitations for filing a motor vehicle claim is 4 years.
  2. Serve the Defendant with the complaint. After our Miami accident attorney files your complaint with the local courts, he will inform the defendant(s) that a lawsuit has been filed against them in court. This process must follow very strict guidelines for Miami-Dade courts to consider it as being properly served. This process is formally known as “serving the complaint”.
  3. Defendant will file an answer to that complaint. It will typically include admission or denials of the facts laid out in your case and any legal defenses.
  4. Discovery. After plaintiff’s complaint and defendant’s answer are filed, both parties enter into a phase where information is requested and exchanged.  This is called discovery. This phase may include the production of documents, answering written questions and even taking depositions.
  5. Trial. After discovery is completed, both sides will then meet and present their arguments to the judge or jury. When evidence is overwhelming, the case is likely to be settled before it goes to trial. If the case is not settled, the Plaintiff's and Defendant's personal injury lawyer can then present any evidence, produce their respective witnesses as well as cross-examine the witnesses from the opposing side. Experts will also be allowed. After the trial has ended, the judge or jury will decide and enter a verdict for either the Plaintiff or Defendant based upon a preponderance of the evidence' in support of their personal injury claim. A judgement will also be entered with the amount of compensation to the prevailing party.

The process of filing a personal injury claims lawsuit for an auto accident claim is NOT a simple task It should not be attempted by the victims themselves in an effort to avoid paying attorney fees, as this will certainly lead to less than desirable outcomes.   The process requires a significant amount of skill and experience. As a result, in most car accident cases, hiring the right auto accident attorney is paramount to getting a successful outcome and being awarded the most compensation possible.

Compensation in a Hit-and-Run Accident in Miami

Hit-and-runs are those vehicle accidents where the at-fault party chooses to not stick around to take responsibility for his/her actions and legal obligations to causing the motor vehicle accident in Miami-Dade county.

Hit and run Courtesy of Erie Insurance

*Image Courtesy of Erie Insurance

There are certain circumstances where you might be entitled to receive compensation under Florida Law if you were injured in a hit and run accident. Those circumstances include:

1. Identifying the At-Fault Driver

Even though the hit and run driver fled the scene of the accident, it may be still possible to find him or her through a variety of means. One of those means is to recollect relevant details about the vehicle that you were hit by, such as the make, model, color or license plate of the vehicle, which could aid in identifying the person responsible for your injuries. If that's not possible, another means to identify the driver is to utilize the assistance and resources of an experienced Miami accident lawyer, in addition to obtaining statements from any witnesses, identify available camera footage from nearby residential or commercial properties and/or soliciting the help of the police. Calling the police may prove to be a valuable thing to do after being involved in a hit and run accident. They may be able to track down the driver at fault as well as conduct an investigation at the scene of the accident. If they are successful, you can officially proceed with your accident claim to the insurer of that at-fault driver.

2. Collect Compensation Under Your Own Insurance Policy

If efforts to identify the at-fault hit-and-run driver come up short, then you may be able to be compensated under your own car insurance policy. Just notify your insurance company immediately to report the hit-and-run.

insurance policy

They will inform you if you have coverage for uninsured and underinsured motorists. In this instance, hit-and-run accidents are treated much the same as an uninsured accident insurance claim, which essentially means you may be entitled to receive compensation through your:

  • Uninsured/Under Insured motorist(UM/UIM) coverage
  • Personal injury protection (PIP) coverage

Although in Florida, it is not mandatory to carry uninsured/underinsured motorist coverage, the law requires that auto insurance companies offer it's auto policy holders "stacking" of this type of coverage. That basically means if your household carries UM/UIM coverage for numerous vehicles and you choose the stacking option, you are able to combine the policy limits for each covered vehicle in an effort to increase the overall coverage for the hit-and-run accident claim .

You can, of course, choose to decline the UM/UIM coverage by manually completing a form when you purchase your auto insurance policy. Your insurer will then just cover your medical expenses if you have this type of insurance coverage. The hit-and-run damages may be covered under your policy's collision and comprehensive insurance. Our Miami accident attorney will help you negotiate with your insurance company for a fair and reasonable compensation following any serious hit and run crash.

3. Pursuing A Liability Claim From A Third Party

Another means of getting financial compensation for a hit-and run accident is to hold a third party responsible for your damages. Sometimes, seeking compensation from a third party can provide you with a third option to pursue a claim against that party who may be "partially" responsible for the motor vehicle accident that resulted in you being injured. For instance, some common third-party accident claims in hit-and-run car accident cases includes:

  • Claims that involved other drivers in the accident, or a company that hired the driver
  • Claims that involve prior repair shops or manufacturers of the vehicle(who made a defective part of your car)
  • Claims against construction companies, contractors or the local highway authorities(for dangerous roads)

Our qualified Miami accident attorney will assist you in determining if another party partially contributed to your accident. Our licensed lead personal injury lawyer will analyze your hit-and-run case and advise you about all of your options for financial compensation.

How To Find The Right Miami Car Accident Attorney

When you start your search for a "car accident lawyer near me "; searching through the results you see on Google or Bing “might” get you started, but do not choose a car accident attorney based on what you see in Ads alone!

best auto accident lawyer miami

Some car accident attorneys have huge advertising budgets and thus focus on doing what is commonly referred to as “volume-work,” where their goal is simply to get as many motor vehicle accident clients into their doors as possible and then settle their personal injury cases as quickly as possible, which often yields lower settlements to the personal injury victims. Chances are that you would prefer to have a Miami accident lawyer such as from the, Beharry Law Firm.

Our firm will give you a more personal attention, as well as having true compassion for what you and your family are faced with, while fighting hard on your behalf when negotiating with the opposing driver's insurance company. To ensure you get the right Miami injury lawyer to help you file an insurance claim, the first thing you should do is to meet with several Miami personal injury lawyers, either via video conference or at their office before you consider hiring one. Here are several important questions you should ask them:

  • who will be working on my case?
  • what is your experience with similar cases to mine?
  • what were some of your personal injury cases results?
  • what are your fees?
  • how quickly can I expect you to get back to me when I have one or more questions during claim process?
  • if we don't win, will I have to pay for your expenses?
  • how long do you anticipate my case to take?
  • what can I do to improve my chances of a winning outcome?

For further assurance that you end up with the best auto crash lawyer for you and your case, check out prior client reviews and see what their experience was working with that personal injury law firm.

Put Our Miami Accident Lawyer On Your Side !

No matter what type of injury you sustained in your car wreck, besides the medical aspect of your case, the legal aspect can get very complex , particularly if it includes substantial damages, including lost wages, etc. The benefits of hiring an experienced Miami accident attorney from the Beharry Law Firm on your side can significantly help your chances to recover compensation from the responsible party or parties.

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The Beharry Law Firm in Miami has extensive personal injury experience. We’re not scared to take on insurance companies or large corporations. If needed, we will take them to trial on behalf of our clients.  Because our experienced attorney, Michael Beharry, has experience in insurance claim defense in his legal background, he offers a unique edge when compared to other car accident attorneys in Miami. He has worked on the other side and therefore knows what to expect and how to handle multiple scenarios. Request your free consultation today to get started.

It is our goal to maximize our client’s compensation in every case we work with. If we are not successful getting you compensated for your damages, you owe us nothing.

Areas Served

Frequently Asked Questions

Q: Should I get a lawyer after a car accident in Florida?

A: Florida laws do not require you to consult with an attorney if you are involved in a car crash. However, a car accident attorney will ensure that you do not do or say the wrong thing when attempting to file a personal injury lawsuit for damages or compensation.

Q: Do clients have to pay any out-of-pocket fees when hiring a personal injury lawyer for a car accident case?

A: Clients do not have to pay any out-of-pocket fees when hiring a personal injury lawyer for a car accident case as the fees are covered by the recovery obtained by the attorney.

Q: How are attorney fees calculated in personal injury cases, particularly in car accident claims?

A: Attorney fees are calculated as a percentage of the overall recovery obtained by the lawyer, meaning clients pay a portion of their compensation as fees.

Q: When do clients need to pay attorney fees when working with a personal injury lawyer?

A: Clients only pay attorney fees when their lawyer obtains a settlement or jury verdict on their behalf.

Q: How do personal injury lawyers typically work on automobile accident claims in terms of payment?

A: Personal injury lawyers, including those handling car accident claims, work on a contingency fee basis.

Q: What is a contingency fee basis and how does it apply to hiring an accident lawyer in Miami FL?

A: A contingency fee basis means that clients do not pay any attorney fees until their lawyer secures an out-of-court settlement or a jury verdict.

Q: What is a good settlement offer for a car accident?

A: There is no definitive answer to what a "fair" settlement offer will be, as this will depend on several factors such as the severity of the accident, the extent and cost of medical bills associated with it, the amount of property damage incurred, any potential lost wages or income due to injury, and the liability of all parties. Ultimately, any car accident settlement should fairly compensate all parties involved for their losses.

Q: Who pays for damages in a car accident in Florida?

A: In Florida, the at-fault party is generally held responsible for paying for damages that resulted from the car accident. If a driver caused an accident, then they will usually be responsible for the cost of any injuries or property damage that arose out of the accident.

Q: What are some of the most common types of injuries people sustain in motor vehicle accidents?

A: In motor vehicle accidents, individuals can sustain a range of injuries that are commonly observed. Some of these include back and neck injuries, broken bones, fractures, burns, cuts and lacerations, bruises, spinal injuries, brain injuries, paralysis, knee and leg injuries, chest and arm injuries, internal bleeding, soft tissue damage, crush injuries, traumatic amputation, and whiplash.

Q: What should you do next if you or someone you love was involved in an auto accident?

A: After being involved in an auto accident, the first and most crucial step is to make sure that everyone involved receives immediate medical attention. Once medical needs are addressed, the next recommended course of action is to seek legal assistance promptly. By contacting a qualified lawyer with expertise in handling car accident cases, you can ensure that your rights are protected and that you receive the compensation you deserve. With the support of experienced legal professionals, you can navigate the complexities of insurance claims and legal procedures, giving you the best chance to secure maximum compensation for any damages incurred in the accident.

If You or A Loved One Has Been Injured in A Car Accident Due To The Negligence, Recklessness or Intentional Act of Other's . . . .
Never settle for less, it's time to hire . . .
Get the compensation you deserve . . .
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