Miami Car Accident Lawyer

How Our Experienced Miami Car Accident Lawyers Can Help

Being in a Miami car accident and suffering injuries can leave you in shock, leading you to confusion about your next steps. You may have significant medical bills to pay, property damage, lost wages, and a variety of other losses. So, what are your options to recover them? 

By contacting Bernstein & Maryanoff, Injury Attorneys, you can hire experienced Miami car accident lawyers to represent your claim. But what are the most common types of collisions in Miami, and when can you file a claim? 

Car Accident Cases We Handle in Miami

With a car accident lawyer in Miami, you can receive assistance for a number of crash types, including:

• Head-on collisions: These crashes occur when the front of two vehicles collide against each other, typically leading to severe injuries.
• Hit-and-run accidents: Hit-and-run accidents occur when one of the parties involved in the crash leaves the site of the accident without exchanging information.
• Rear-end collisions: Rear-end collisions happen when the front of one vehicle slams into the rear of the vehicle in front of it.
• Multi-vehicle accidents: Multi-vehicle accidents are crashes that involve more than two cars and typically lead to severe injuries.
• Rollover accidents: Rollover accidents happen when a car flips onto its side or roof, usually as a result of high speeds, reckless driving, or drunk driving.
• Single-vehicle accidents: Single-vehicle accidents involve a vehicle hitting a stationary object, such as a barrier or lightpost, or hitting an animal.
• Side impact (T-bone) collisions: T-bone collisions happen when the front of one vehicle hits another on its side, forming the shape of a “T.”

Why Choose Bernstein & Maryanoff’s Miami Car Accident Attorneys? 

When you hire a car accident attorney in Miami from Bernstein & Maryanoff, you can expect numerous benefits. 

• $500 million+ recovered for injury victims: We have a proven track record of recovering for our clients more than $500 million, including some of the highest car accident settlements in the state.
• Personal involvement in your case: You won’t be handed off to a paralegal when you choose us; you can expect us to personally work on your case.
• Proven strategy against insurance companies: We know just how to aggressively fight against every tactic insurance companies may use to minimize your claim.
• Expert network that strengthens your claim: We’re proud of our wide network of expert witnesses who are ready to offer clarity on a variety of subjects.
• No fee unless we win: We work on contingency, so we don’t get paid unless we’re able to get you a settlement or a jury award.
• Local experience: We know Miami because we live here, so you can expect targeted representation that understands the unique challenges the city poses.

Steps To Follow if You Get Injured in Car Accident

As with any car accident — no matter how minor or severe — it’s important to know how to respond, what to do, and who to speak with after the car crash. If you’ve been involved in a car accident in Miami, Florida, it’s essential to do the following:

• Be safe and clear the roadway if possible: Move your vehicle out of the roadway if you can, turn on your hazards, and steer clear of the roadway until officers and responding medical teams arrive.
• Call 911: After a car accident, it’s crucial to alert local authorities immediately by calling 911. When authorities arrive, a police officer will write up a police report. This report includes notes about what happened, witness statements, injuries sustained, and other relevant information. 
• Check for injuries: If you or someone else is hurt after the car accident, call 911 and ask for medical assistance. Assess your injuries at the site, and when medical professionals arrive, allow them to evaluate you. Receiving a medical evaluation on the scene ensures that if you have a visible injury, it is treated right away. 
• Seek medical care: Depending on the circumstances of your case, you may be asked if you’d like to go to the hospital. You might also be directed to follow up with your doctor the next day. Either way, be sure to speak with a medical professional within 14 days of your injury. After this 14-day mark, per Florida’s PIP 14-day rule, you will miss out on any benefits that can be applied to your case under Florida’s personal injury protection insurance.
• Exchange information with other involved parties: After the accident, switch contact information with the other driver. Be sure to get their name, a phone number where you can contact them, and their insurance provider’s contact information.
• Ask witnesses for their contact information: It can also be helpful to take down the contact information of any witnesses who observe the accident. Witness statements can prove beneficial when building a case against negligent parties. 
• Be careful what you say: When it comes to what you say after an accident, less is always more. Whether you are speaking with police officers, insurance companies, or other witnesses at the scene, stick to the facts, avoid admitting fault, and don’t make any statements that can be used against you later. 
• Avoid speaking with representatives from the other driver’s insurance company: You may be contacted by the other driver’s insurance company. If this happens, avoid talking to them and defer their questions to a legal representative. Insurance companies know what questions to ask and how to lead you in a direction that may minimize the damages you’re entitled to. 
• Document the scene: Always document the scene of the accident for your records after a car accident. This includes:
  • Take photos of the accident, location, and any traffic signs, skidmarks, or other evidence that can help recreate the scene.
  • Take detailed notes of license plate numbers and businesses that may have had surveillance footage of the accident.
• Keep up-to-date with your medical care: Follow up on all medical advice and recommendations. Failing to keep up with your care could be used against you to show your injuries were not serious or substantial. 
• Contact Bernstein & Maryanoff, Injury Attorneys, Miami’s top car accident lawyers: Our experienced attorneys will work with you from day one to help you establish a strong case and will fight to recover any damages you may be entitled to.

It’s important to remember that the evidence collection process for any claims you may bring forward starts immediately after the car accident. For example, a responding medical team can determine if you have additional injuries that might not be visible just yet. They can also help you create the paper trail supporting your claims that you were injured by the car accident.

Navigating the Car Accident Claims Process

It’s important to seek out the counsel of an attorney after you’ve been involved in a car accident. A skilled attorney can help you understand your legal rights and options, break down legal concepts and the laws that apply to your case, and, most importantly, we can help you recover compensation from liable parties. 

At Bernstein & Maryanoff, Injury Attorneys, our seasoned team of attorneys, investigators, and paralegals take pride in representing victims just like you following a car accident. When you schedule a free case evaluation, you’ll have greater insight into how our law office is ready to fight for your rights.

Here are just some of the ways our lawyers will help you navigate your case after a car accident:

We’ll Handle the Details of Your Car Accident Case While You Focus on Recovery

If you’ve been injured in a car accident, staying on top of your doctor’s appointments and any medical guidance your doctor recommends is essential. For many victims, this means taking the time to heal and recover so you can get back on your feet, both mentally and physically

Speak With Parties Involved in the Car Crash

Our attorneys will handle all aspects of your case, including speaking with investigators, police officers, witnesses, insurance companies, and other legal teams involved in your case. We help simplify the aftermath of a car accident so you can focus your full attention on recovering.

Thoroughly Investigate the Car Accident To Prove Fault and Negligence

Although Florida is one of a handful of states that follow no-fault auto laws, it is still important to determine who is at fault and who may be held negligent in your case. 

Depending on the circumstances of your accident, third parties may be held negligent in your case. Our skilled attorneys investigate every aspect of your car accident to determine negligence and collect critical evidence that proves this negligence.

Determine the Actual Damages Suffered as a Result of the Car Accident

After a car accident, your insurance company may try to minimize the damages you are entitled to. One of the most important jobs a car accident attorney is tasked with includes determining and proving the damages you may be entitled to.

Our attorneys have decades of experience and know precisely what you are entitled to. We will investigate every aspect of your case and create a comprehensive list of any economic, non-economic, and even punitive damages you may be able to recover.

Negotiate a Settlement With the Insurance Company

Our attorneys are expert negotiators and will diligently fight for a comprehensive settlement. It’s no secret that insurance companies will try to minimize their losses and often do so through lowball settlement offers. Our lawyers know how to fight the insurance providers, so your rights are protected during settlement negotiations.

Take Your Car Accident Case To Court

While the vast majority of car accident cases are resolved in the settlement, our attorneys are prepared to take your case to trial to recover the compensation you may be entitled to. Our attorneys have a thorough knowledge of the Miami court system and will not hesitate to bring a strong case in front of a judge or jury.

There Are Never Any Upfront Fees

At Bernstein & Maryanoff, Injury Attorneys, you pay no upfront fees and only pay if you recover damages. When you schedule a free case evaluation, our team will review the payment structure for when we win your case.

Common Car Accident Causes in Miami

South Florida is one of the most popular destinations in the Sunshine State. Beautiful beaches, a vibrant nightlife scene, and an electric atmosphere make cities like Miami popular attractions for out-of-state visitors and locals.

The unique atmosphere of Miami also means that certain types of accidents are more likely to occur on Miami streets than in other low-key, non-metropolis locations.

Common causes of car accidents in Miami include:

• Drivers who operate their vehicles recklessly can result in them losing control while driving.
• Lack of driver safety, including driving without wearing a seatbelt or driving distracted, can lead to accidents ranging from minor fender benders to more severe accidents.
• Drivers speeding while approaching a yellow light.
• Drivers speeding or not coming to complete stops at stop signs.
• Drivers not yielding to traffic or passengers when merging in and out of roadways or at crosswalks.
• Drivers under the influence of drugs and alcohol while behind the wheel.

Common Car Accident Injuries in Miami

Traffic congestion and higher traffic accidents are natural consequences of any densely populated area, especially Miami, where vehicles are a point of attraction for both locals and visitors. 

As such, certain types of injuries are more likely to happen because of the driving habits of drivers in Miami. 

Some of the most common injuries resulting from car accidents in Miami include:

• Whiplash: This can happen after a sudden impact causes a driver or a passenger’s neck to hyperextend. The hyperextension can cause neck pain and injury ranging from mild to severe. 
• Herniated discs: A sudden impact can cause a driver or passenger’s discs to bulge. These rubbery discs serve as a cushion that sits between the vertebrae in a person’s spine. If a disc becomes dislodged, the result can be a sharp pain that increases in intensity during movement. 
• Broken bones: Even in minor accidents, drivers and passengers may suffer broken bones. The likelihood of this occurring increases if a seatbelt is not used. 
• Head and brain injuries: Head and brain injuries can result from sharp blows to the head and damage to the spinal column. A brain or head injury is serious and can have life-altering consequences. If you suspect you’ve suffered a brain or head injury, it’s essential to seek medical attention immediately. 
• Back and spinal injuries: A blow to the neck or spine can result in these types of injuries. Back and spinal injuries can lead to partial or complete paralysis along with other life-altering symptoms. 
• Burn injuries: Burn injuries can result from chemical burns or fires. This often happens after a major car crash ignites a fire. 
• Amputations: In severe car accidents, victims may lose limbs if they have been pinned down under an object.
• Soft tissue injuries: Soft tissue injuries, including bruising, lacerations, and abrasions, are some of the most common injuries a car accident victim can face. These are also some of the easiest injuries to recover from. 
• Emotional trauma: Often, the most overwhelming and life-altering injuries a victim can face are mental injuries, not physical. After a car accident, victims may find themselves dealing with emotional disorders, including PTSD, depression, anxiety, and other psychological issues.

You may hope the insurance company pays you fairly after a car accident. Unfortunately, that isn’t always the case. The insurance company may try to stall your claim or give you misinformation. They might try to confuse you about your rights or delay the proceedings, hoping you’ll miss the deadline. 

Don’t be fooled by their tactics. Obtaining help from an experienced lawyer will help you get fair compensation from your insurance company. You may even receive an additional payment if your insurance company acts in bad faith to avoid paying your claim. If you’re unsure whether your insurance company is treating you fairly, contact our skilled Miami car accident lawyers to evaluate your case.

Understanding Compensation

With a Miami car accident lawyer by your side, you can receive compensation for medical expenses, lost wages, and a number of other losses. 

Types of Compensation Available After a Car Accident

• Economic damages: Economic damages cover losses that are financial in nature and carry a price tag, such as medical expenses and lost wages.
• Non-economic damages: Non-economic damages address losses that don’t have a clear price tag because they’re more subjective — these include pain and suffering and loss of consortium.
• Punitive damages: These damages are additional monetary awards granted to punish a defendant for particularly malicious or reckless conduct — they are meant to prevent similar actions in the future.

Medical Expenses: Past, Present, and Future

Economic damages cover the medical expenses you’ve incurred, including:

• Ambulance fees
• Emergency room costs
• Surgeries
• Follow-up appointments
• Medical equipment
• Prescription medication 
• Physical therapy 

If you will require future medical care, economic damages can cover these expenses. 

Lost Wages and Loss of Earning Capacity

If you have to miss days of work, you can receive compensation for lost wages, commissions, and bonuses. This applies to part-time workers, freelancers, and gig workers as well. 

If you were severely injured — for example, with a spinal cord injury that left you paralyzed and doesn’t allow you to return to work — you can also receive compensation for loss of future earning potential.  

Pain and Suffering Damages in Florida 

Non-economic damages address losses that are not tangible, including physical and emotional distress. You may also suffer chronic pain from your injuries. Insurers or the courts will consider the severity of the injury and how it impacts your life to come up with a compensatory amount. 

Property Damage Claims

Property damage can cover vehicular repairs or replacements as well as the loss of any items that were in the vehicle. If you had to rent a car, that expense is part of these claims, too. If your vehicle lost market value because of the crash, you can claim depreciation or diminished value.

Punitive Damages in Miami Car Accident Cases

Our Miami car accident lawyers always remind clients that punitive damages are rare. They are meant to punish especially malicious or negligent conduct so it’s not repeated. Florida caps these damages at three times the financial damages or $500,000, whichever is greater. In some instances, the cap can go up to $2 million. 

Wrongful Death Compensation for Fatal Car Accidents

When you hire a car accident lawyer in Miami, you can also fight for compensation after a wrongful death. The personal representative of the estate must file this claim for the deceased person’s family. 

You can receive compensation for funeral expenses, income replacement, and loss of companionship. The representative must file the claim within two years. 

Factors That Determine Your Case Value

When you hire an auto accident attorney in Miami from Bernstein & Maryanoff, we will offer insight into your case’s value by considering the following factors. 

How Florida’s No-Fault Insurance Laws Affect Your Compensation 

Florida has no-fault laws. This means that you first file a claim against your personal injury protection insurance (PIP), which covers medical expenses and lost wages. It does not, however, cover non-economic damages. If you sustain a serious injury, you can begin a personal injury claim against the other party. 

Don’t confuse PIP with bodily injury claims, either. The latter provides coverage for people you hurt in an accident that you cause.

Comparative Fault and How It Impacts Your Compensation 

Because Florida has modified comparative negligence laws, you can still recover losses if you were partly responsible for the accident. Your compensation will be reduced by your percentage of liability, however. If you are over 50% at fault, you will likely be barred from recovering losses. 

What Is the 14-Day Rule?

Under Florida’s no-fault system, anyone injured in a motor vehicle accident can file an injury claim under the PIP coverage for their vehicle. PIP benefits cover 80% of the person’s medical expenses and 60% of their lost income.

However, to receive these benefits, the victim must visit a medical provider within 14 days of their accident for a diagnosis and to start treatment. PIP insurers can deny claims if the victim delays longer than 14 days to seek medical attention for crash-related injuries.

How Common Are Car Accidents in Florida?

Although it does not top the list, Florida is known to have some of the highest car accident rates in the nation. In 2020, Florida ranked as one of the top five states with the most car crashes resulting in fatalities, along with California, Texas, Georgia, and North Carolina. 

Insurance watch group The Zebra also reports that while Florida has around double the population and number of drivers as Georgia, Florida had almost the same auto fatality rate as Georgia in 2020.

Miami Car Accident Facts

Within the state of Florida, Miami ranks as the top city with the highest car accident and injury fatality rates. In 2021, just over 9.3% of accidents in the Sunshine State happened in Miami. When you zoom out, Miami-Dade County accounted for over 32% of all traffic accidents in Florida in 2021.You can learn more about Florida traffic fatalities, injury, and accident rates using the state’s Crash Dashboard.

If You Have Been Involved in a Car Accident, Call the Experienced Attorneys at Bernstein & Maryanoff, Injury Attorneys

You do not have to navigate the aftermath of a car accident alone. If you were involved in a car accident and were injured or suffered property damage as a result, you have legal rights and options. Let our skilled team help you understand those options when you schedule a free case evaluation. 

Ensure that you are protected when you seek the advice of an experienced Miami, Florida, car accident attorney. Even if you are partially responsible, you may be eligible to recover compensation for your injuries and pain and suffering. 

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Aventura | Coral Gables | Coral Springs | Cutler Bay | Doral | Davie | Fort Lauderdale | Hialeah | Hollywood | Homestead | Kendall | Miami Beach | Miami Lakes | Miramar | North Miami | Palmetto Bay | Pembroke Pines | Pinecrest | Pompano Beach | The Hammocks | Weston