If you or a loved one were involved in a car accident and injured due to the negligence of another party, and subsequently searching for a "car accident lawyers near me", put our experienced car accident attorney in Miami Dade county in your corner to fight for the money you deserve. At the Beharry Law Firm, our personal injury lawyer has the experience and skill set to take even the most complex cases involving car accidents (including Uber & Lyft accident).
Suffering as a result of another individual’s negligence is something you should never have to do. Our car accident lawyer in Miami FL is committed to protecting your rights and will do everything to ensure you get the compensation you deserve to help reimburse you for your losses.
So, if you or your loved one have been injured as a result of a car accidents in Miami-Dade, justice is what you deserve. Hire our Miami car accident lawyer to help you get that justice.
Our dedication to personal attention and drive to win your case is matched by our determination to succeed. What you'll find at Beharry Law is a team that will be attentive to your needs. At Beharry Law, our experienced car accident attorney will listen to your concerns and answer all your questions. Attorney Beharry will make sure you feel supported in your fight for recovery.
The last thing you should worry about is fighting the insurance company to get fair compensation. Employ the assistance of our experienced Miami car accident lawyer. We know it can be tempting to accept an initial offer from them just to get some money and move on. 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.
With an estimated population of nearly 2.7 million people, Miami-Dade county is the largest county within the state of Florida. Unfortunately, car accidents happen all too frequent and will commonly inflict serious, catastrophic and sometimes life-altering injuries on victims living in Miami Florida. 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 accidents. Of those, 28,706 resulted in injuries from the crash with 353 fatalities. Our car accident lawyer in Miami focuses heavily on car accidents due to the frequency and severity of car accidents in Miami Florida. We understand how these injuries impact people and how to best help them fight for appropriate compensation awards.
Common routes for motor vehicle accidents throughout Miami, include the following freeways:
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. The causes of these traffic car 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.
Most car accidents 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. In fact, the National Highway Traffic And Safety Administration estimates that nearly 94% of all car accidents are caused by human error.
Unfortunately, many drivers, at some point will eventually find themselves being guilty of some of the leading causes of car 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 accidents 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 car accidents. 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 contributes 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 can have their driving ability impaired so much that they can’t appropriately respond, react, or discern the conditions of the road.
Even the safest and most defensive drivers can occasionally fall victim to car accidents, 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 car 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 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 catastrophic injuries. 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 injuries in Miami car accidents:
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, allows a car accident victim to 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 personal injury lawyer will fight to seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after bad car accidents.
When you have been involved in a car crash, it’s critical to know what you should do, as well as what you should NOT do – both at the scene of the accident and in the ensuing days, weeks, and months following car accidents in Miami FL. Although, immediately after, you’re more likely to be shaken up and preoccupied after, the below listed DO’s & DON’Ts will help protect your legal rights, plus increase your chances of a favorable outcome from your car accident lawsuit.
DO's
DON'Ts
Following a car accident, it is important to call the police to write up a accident report on the car crash. 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.
It is fairly easy to get yourself a copy of the accident report on your car crash. 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.
A police report is sometimes critical to a 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.
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 car crash, which includes things like:
Florida has complex laws regarding car accidents. 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 Miami car accident lawyers, 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 accident, you should contact our Miami car accident lawyer immediately after you've been in an auto collision. We will help navigate you through the Florida car accident laws pertaining to your case.
The statute of limitations is the deadline in which you can file a claim in Florida. Florida law gives all 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 one of the many experienced Miami car accident lawyers sooner, as the passage of time can make it difficult to establish liability as well as summon witnesses who can recall the events accurately. Plus, under Florida law, you should seek medical care 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.
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 car accidents. The PIP coverage will cover your medical treatments and lost wages up to the predetermined amount of your policy limits. And if your injuries end up being more serious 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 Beharry Law, our Miami car accident 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 victims, but also to have a positive effect on car accident laws generally through our legal representation.
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 accidents.
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 a car accident claim. That evidence could include:
a police accident report
photographs and video footage
signed eyewitness statements
testimony from experts in car accidents
crash reconstruction
medical records
cell phone records
commercial driver's employment records
Our Miami car accident lawyer can help collect all the evidence needed to prove negligence by the defendant in your car accident lawsuit.
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 car accidents and still receive the 1 percent financial compensation. So, to maximize your financial recovery, it is crucial that you work with our experienced Miami car accident lawyer who can oppose the comparative negligence defense.
If you were injured in a car crash in Miami Dade county as a result of another person's negligence, wrecklessness or intentional act, with the assistance of our experienced Miami car accident attorney, you have a better chance of receiving compensation for the following:
Medical Expenses
For medical bills incurred as a result of your injury, you are entitled to compensation. These include:
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.
In Miami Dade county, car accident 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 car accident attorney in Miami Dade) and seeks compensation for damages from the defendant. Below is a brief overview of the steps involved after Miami car accident attorneys file a lawsuit.
The process of filing personal injury lawsuits for car accident claims 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 cases, hiring the right Miami car accident lawyer is paramount to getting a successful outcome and being awarded the most compensation possible.
Hit-and-runs are those car 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. 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:
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 experienced Miami car accident attorneys 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 car 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 car accident claim to the insurer of that at-fault driver.
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. 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 uninsured accident claims, which essentially means you may be entitled to receive compensation through your:
Although in Florida, it is not mandatory to carry uninsured/underinsured motorist coverage, Florida 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 bill costs 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 car accident lawyer will help you negotiate with your insurance company for a fair and reasonable compensation following any serious hit and run car accident.
Another means of getting financial compensation for a hit-and run car 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 cases includes:
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.
When you start your search for " Miami car accident lawyers near me "; searching through the results you see on Google or Bing “might” get you started, but do not choose a Miami car accident attorney based on what you see in Ads alone! Some Miami 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 cases as quickly as possible, which often yields lower settlements to the injured accident victims. Chances are that you would prefer to have a personal injury attorney in Miami such as, Beharry Law.
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 parties and their insurance company. To ensure you get the right Miami personal injury lawyer to help you file a claim, the first thing you should do is to meet with several accident injury lawyers, either via video conference or at their office before you consider hiring one. Here are several important questions you should ask them:
For further assurance that you end up with the best Miami car accident lawyer for you and your case, check out prior client reviews and see what their experience was working with that personal injury law firm.
No matter what type of injury you sustained in your car accident, besides the medical aspect of your case, the legal aspect can get very complex , particularly if it includes substantial damages. Having an experienced Miami accident attorney from Beharry Law on your side can significantly help your chances of recovery.
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 lead injury lawyer, Michael Beharry, has experience in insurance defense in his legal background, he offers a unique edge when compared to other car accident lawyers in Miami. He has worked on the other side and therefore knows what to expect and how to handle multiple scenarios.
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.
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.
Generally speaking, most lawyers work on a contingency basis, meaning they will only collect a fee if you win your case. Then, the attorney fee for a car accident case typically ranges from 33% to 40%, plus the costs associated with their case, such as filing fees and court costs.
The average settlement for a car accident in Florida will depend on the circumstances of the case, such as the severity of the injury, property damage, and severity of fault. However, generally speaking, settlements can range from a few thousand dollars up to several hundred thousand dollars.
The amount you can sue for a car accident in Florida is determined by the losses you have suffered. These damages are broken up into three categories: economic, non-economic, and punitive damages. In Florida, the maximum amount of economic damages is determined by the source of insurance, while non-economic and punitive damage caps are set under state law.
Pain and suffering is a form of non-economic losses / damages. It compensates you for the adverse effect on your life rather than a direct financial loss. Florida law allows personal injury plaintiffs to seek damages for pain and suffering.
You are allowed to sue the other driver for the damages they caused under Florida laws. Our personal injury law firm can help you in proving the negligence of the other driver and negotiate with the insurer to get the compensation you are due in Florida.
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.
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.
If You or A Loved One Has Been Injured in A Car Accident Due To The Negligence, Recklessness or Intentional Act of Other's . . . .
Choosing whether or not to hire a lawyer after a car accident depends on the severity of the crash and your specific injuries. In some minor accidents, you may choose to handle the process yourself and avoid the expense of a lawyer. However, if you are significantly injured, hiring an experienced car accident lawyer can help ensure that you receive the most compensation possible for your injuries.
Choosing the right car crash lawyer for your case is critical. Consider factors such as experience, record of success, commitment to communication, and knowledge of the applicable laws. Make sure to ask detailed questions when interviewing potential lawyers and seek references from past clients. Doing your due diligence will help you find an attorney who is best equipped to ensure that you receive just compensation.
Most injury lawyers take cases on a contingent fee terms, meaning they receive a percentage of the settlement or verdict that they recover for their clients. These fees typically range from 25-40%.
Many personal injury lawyers offer to represent individuals in personal injury cases and argued settlement cases on a contingency basis. This allows clients to seek the legal advice they need without having the worry of paying legal fees unless their lawyer is able to obtain compensation for them.
Answer: When interviewing a potential lawyer, it is important to ask the right questions. Be sure to ask about their experience in similar cases as yours, their proposed strategy for handling your case, and what costs you can expect. It is also beneficial to inquire about their communication style and availability. Ensuring that you have considered all the relevant information will help you find the right fit for your legal matters.
