Miami Car Accident Attorneys

Our Car Accident Injury Lawyers Are Here to Help

When you’re hurt in a motor vehicle accident, you deserve the help of an experienced car accident lawyer to help you win fair compensation for your injuries. Having experienced car accident lawyers fighting for you can mean the difference between winning top dollar for your claim and receiving nothing at all. You don’t have to fight alone. You have the right to representation from an experienced attorney.

If you have been injured in a car accident in Miami, Florida, you are entitled to recover damages for the full extent of your loss. This includes economic damages such as medical bills in the past and future, as well as the loss of income in the past and future. You can also recover compensation for intangible damages such as physical pain, emotional pain, and suffering, permanent scarring, as well as loss or impairment of any important bodily function.

Even though you have a right to financial compensation, it’s not always immediately clear how to go about making a claim. Sometimes, you can make a demand directly to the insurance company. Other times, you must file a legal claim by the applicable deadline. Whatever your situation, an experienced attorney can help you determine the right steps and fight aggressively for fair compensation.

Why Hire Our Miami Car Accident Attorneys

The lawyers at Bernstein & Maryanoff have the resources and experience to help you obtain the maximum compensation for your losses. With a principal office in Miami, and numerous other offices across Florida, our lawyers will be there when you need them – we even make house calls. We know that each client is unique. That’s why we offer comprehensive legal services that meet the diverse needs of our clients.

We don’t want you to worry about paying for a lawyer when you need legal help after a car accident. That’s why we offer legal representation with no money down and no fee unless you collect. And there’s never a cost to speak with our legal team about your case. If you or someone you love has been injured in a car accident caused by someone else, please contact Bernstein & Maryanoff today to schedule a free consultation so we can discuss your legal rights and options.

 

---

---

Florida Car Accident Laws

Florida uses a modified no-fault system for car accidents. That means for minor accidents, each driver receives compensation for their injuries from their own insurance company. For small accidents with minor injuries, there are no lawsuits. Instead, each party recovers from their own insurance company. Generally, there’s no compensation for pain and suffering in a no-fault case. Your payout can be as much as the limits of your own insurance policy.

However, when an accident results in substantial or permanent injuries, the no-fault system doesn’t apply. When a case meets the injury threshold, the accident victim may bring a claim against the responsible driver for comprehensive financial compensation. To win the claim as an accident victim, the other driver must be partially or wholly responsible for the events leading to the accident.

When a case falls outside of the no-fault system, the victim may claim compensation for financial damages and pain and suffering. The victim wins their claim by making a demand to the insurance company or by filing a summons and complaint in the appropriate Florida court. Florida Law 627.736 is the law that requires all drivers in the State of Florida to have no-fault insurance.

What To Do If the Insurance Company Won’t Pay You Fairly After a Car Accident Injury

You might expect your own insurance company to pay 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 in hopes that you’ll miss the deadline.

Don’t be fooled by the insurance company’s tactics. Sometimes you need a lawyer to help you get fair compensation from your own insurance company. You may even receive an additional payment if your insurance company acts in bad faith in an attempt to avoid paying your claim. If you’re not sure whether your insurance company is treating you fairly, contact our Miami car accident lawyers for an evaluation of your case.

How a Miami Car Accident Lawyer Can Help

According to the National Highway Traffic Safety Administration (NHTSA), someone in the United States gets into a car accident every 10 seconds.

If you have been injured in a car accident, DO NOT hesitate to seek legal counsel from an injury attorney experienced in car accident cases in order to best protect your interests and obtain a maximum settlement.

There are several complex laws and regulations that can affect insurance claims and complicate the recovery of any damages for pain and suffering. Without proper legal representation, insurance companies will try to take advantage of you in order to pay out as little as possible.

Bernstein & Maryanoff have over 36 years of experience with car accident cases. We know how to negotiate a fair settlement with insurance companies.

Legal Standards for a Florida Car Accident Claims

When you bring a Florida car accident case, the rules of negligence apply. In order for the other party to be legally liable for your injuries, they must act negligently. Negligence means a lack of ordinary care. A negligent person is someone who doesn’t use a reasonable amount of care in a given situation.

Intentional misconduct is not the same thing as negligence. The standard for negligent conduct is even less than recklessness. Negligence is just not being careful enough. Things like speeding, running a red light, and not following the laws for the flow of traffic are all examples of negligence.

A car accident claim is a civil claim. Although there may be criminal charges that follow a car accident, your claim for financial compensation is a civil claim. You don’t wait for permission from law enforcement or a state’s attorney to file your claim for compensation. Instead, you prepare the documents to start the case on your own.

The burden of proof in a civil car accident claim is lower than the burden of proof in a criminal case. You don’t have to prove your case beyond a reasonable doubt to win financial compensation. Instead, you only have to prove your case by a preponderance of the evidence. In other words, it’s easier for you to win a civil claim for monetary damages than it is for a state’s attorney to win a criminal case.

You shouldn’t base your decision to bring a claim on what the state’s attorney decides about criminal charges. Many car accident claims don’t result in a criminal action, but you might still have a great legal claim for damages. Our attorneys for car accidents in Miami can help you understand the difference in the types of cases and what your rights are under Florida law.

Should I Settle My Florida Car Accident Claim With the Insurance Company?

Florida car accidents occur every day, and when they do, they often set a chain of events in motion that involve the insurance companies who carry coverage on the drivers who were involved. When this situation arises, there are many reasons that you should be wary of providing information to them. Followed is a brief explanation of why you should speak to us before dealing with an insurance company representative.

Insurance Companies are For-Profit Entities

Insurance companies exist to make a profit. If they do not record profits, they will suffer greatly and will ultimately go out of business. Most large insurance companies are not actually owned by one person or family, but rather by a large group of shareholders. Therefore, the value of the stock pertaining to these companies will largely define how an insurance company will operate. Basically, the lower the amount of liability that’s paid out by insurance companies, the higher their profit margins will be and the higher their stock value will climb.

Insurance Companies Are Well-Represented

Most large insurance companies have an entire team of in-house corporate defense attorneys working for them, and these professionals are highly skilled at protecting the assets of their employers.

Insurance Companies are Bureaucracies

Any large company over time will evolve to the point where there are layers and layers of red tape to cut through before anything tangible can be done. This certainly includes auto insurance companies, and it can take years to settle a claim without the help of a Florida auto accident attorney if it’s settled at all before the statute of limitations expires, removing the option for filing a lawsuit from the person who has been injured.

Instead of taking the risk of facing this sort of operation if you’ve been harmed in a Florida auto accident, you need to seek the help of a Florida auto accident lawyers who understands the nature of insurance companies, who can cut through the red tape and work efficiently towards a resolution to your matter and who can work with or against defense attorneys – whichever tack is necessary – to make sure that your legal rights are protected and enforced. Contact Bernstein & Maryanoff today to schedule a free initial consultation.

Uninsured or Underinsured Motorists

Many drivers ignore motor vehicle insurance requirements, cannot afford to purchase insurance or carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays compensation for bodily injury that results from an accident with a driver who is legally responsible for the injuries but has no liability coverage. Underinsured motorist coverage pays compensation for bodily injury that results from an accident with a driver who has liability insurance with limits that are lower than the injured party’s underinsured motorist coverage limits. If you have been involved in an accident with an uninsured or underinsured driver, it is important that you contact an attorney at an experienced personal injury law firm immediately so you do not waive valuable legal rights.

Uninsured Motorists

Typically, uninsured motorist coverage protects injured drivers if the at-fault driver has no insurance. Uninsured motorist coverage can also apply when someone is injured in an accident with an unidentified hit-and-run vehicle. If a person has uninsured motorist coverage and is in an accident with an uninsured motorist, he or she can collect from his or her insurance company to recoup damages. If you are involved in an accident with an uninsured motorist, you should consult with an experienced personal injury attorney before you file a claim with your insurance company to ensure that you obtain all of the coverage available to you.

Underinsured Motorists

Underinsured motorist coverage provides compensation for injured drivers when the at-fault driver does not have enough insurance coverage to compensate the injured party in full for his or her injuries. An “underinsured motorist” is generally a person who is responsible for the injuries, but who has opted to purchase only the minimum policy required by law. If a person who has purchased underinsured motorist coverage is in an accident with an underinsured motorist, he or she may be able to collect from his or her own insurance company to recoup damages that are greater than the responsible party’s limits.

Collecting Benefits

In order to recover underinsured or uninsured motorist benefits, a party generally must first establish that the underinsured or uninsured driver was at fault and that he or she suffered significant injuries. In the case of underinsured motorist benefits, the injured party must also collect the at-fault driver’s policy limits before collecting under his or her own insurance policy. An insurance company is typically entitled to a credit for any recovery received from the underinsured motorist’s policy.

Stacking Insurance Coverage

Uninsured and underinsured motorist coverage is “stackable” in some states and under some policies. Stacking uninsured or underinsured motorist coverage may permit a person to add together either insurance coverage from several motor vehicle policies or insurance coverage for several vehicles listed on one policy. In some cases, a person may select stackable coverage at the time he or she purchases the insurance.

Uninsured and underinsured motorist coverage protects you if someone who does not have adequate insurance injures you in an automobile accident. If you are in an accident with someone who is uninsured or underinsured, do not settle with the other driver’s insurance company without first contacting an experienced lawyer. Some underinsured motorist policies do not require the insurance company to pay if the insured person has settled with the other driver’s insurance company. This can be a very costly mistake. Therefore, you should consult with a personal injury law firm experienced in dealing with automobile accident cases before you settle any portion of your claim. An attorney can provide you with the information and support you need to obtain the best result available.

Leading Causes Of Car Accident Collisions

• Negligent Driving: Negligent driving or careless driving can describe many things, but generally this factor involves a lack of attention on the road and the conditions that surround a driver. This cause is cited as a reason for approximately 50,000 Florida auto accidents that lead to injury every year, and an average of 500 people are killed on an annual basis for this reason.
• Failure to Yield the Right-of-Way: There are several instances in which every driver must understand the laws that deal with the right-of-way. Four-way stops, merges into traffic and the like are all specific examples of this problem, and more than 20,000 Florida injury accidents occur for this reason every year.
• Alcohol-Related Accidents: Despite all the public service announcements, warnings and the tougher penalties that are associated with drinking and driving, alcohol remains a leading cause of Florida auto accidents. Approximately 3,000 injury crashes and almost 500 fatalities in Florida are attributed to alcohol every year.
• Improper Lane Change: Changing lanes while on the road is a maneuver that most people take for granted. This lack of care leads to approximately 4,000 Florida injury crashes every year. Many people simply rely on their mirrors before changing lanes and fail to look over their shoulder before moving across the road.
• Disregarding a Traffic Signal: Failing to heed the order to stop or to proceed with caution is a common mistake in Florida, and these mistakes lead to more than 5,000 Florida injury crashes every year. Those who are hit by someone who runs a red light, for example, are generally not prepared for that scenario to unfold.
• Mechanical Failure: When a car accident occurs because of mechanical failure, many parties may be to blame. Our Miami car accident attorneys explain fault when a car accident occurs because of a mechanical issue.

Common Injuries from Car Accidents

Injuries suffered in a motor vehicle accident can be catastrophic. Serious and disabling injuries can affect not only the injured person but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a great impact on a family.

Common injuries suffered from car accidents that may be able to be compensated for, but not limited to:

• Bone and joint injuries
• Whiplash and neck injuries
• Knee damage
• Loss of limbs
• Spinal injuries
• Head injuries
• Mental distress
• Permanent disability
• Wrongful death

What Can I Win in a Florida Accident Lawsuit

The amount of money you can recover in an auto accident case is based on a number of variables, including which insurance company covers the at-fault vehicle. Successful negotiations between your lawyer and the insurance company are crucial since a professional and complete presentation of your damages can help to settle the case without the need for a trial.

A sophisticated attorney can convince the insurance company to pay the full amount of damages, based on a full and proper presentation of your case.

Here are some of the types of monetary damages that you can win in a Florida accident lawsuit:

• Coverage for lost income and long-term career changes because of injuries
• Property damage
• All medical expenses including emergency care and medical testing
• Physical therapy
• Psychological treatment
• Occupational therapy
• Pain and suffering; changes in daily activities because of injuries
• Punitive damages (ask your attorney about different rules that apply for punitive damages)

You can demand compensation for the sum total of your car accident damages. However, most people aren’t aware of all of the things that count as losses in a car accident case. For example, you may deserve monetary damages for the fact that you live with physical pain from your injuries. You may deserve additional amounts if you have to travel to medical appointments. An experienced attorney can help you be sure to include every type of damages that apply to you in your legal claim.

Some types of financial compensation can be difficult to value. It can take some insight to determine what to claim for intangible losses like emotional anguish and pain and suffering. Our experienced legal team can help you carefully value your claim and take the right steps to pursue compensation.

Contact Our Miami Car Accident Attorneys

Our law firm will handle your car repair claim as a courtesy. All you need to do as our client is to attend all medical care visits and therapy to help you heal. Learn how an experienced car accident attorney can help you prepare an auto accident case. If you have been in an accident, it is critical that you seek legal assistance as soon as possible. At Bernstein & Maryanoff, we will work hard for you to ensure you receive the highest settlement possible. We handle all cases on a contingency fee basis, call now to schedule your free consultation.

Additional Auto Accident Resources and Information

• Explaining The Risk of Unsafe Driving Practices
• Everything You Need to Know About Florida’s Motorcycle Laws
• How Much is the Average Car Accident Settlement?
• Miami Catastrophic Accident Attorneys
• Preparing Your Auto Accident Case
• Negligent Driving in Car Accident Cases
• Guide to Florida’s No-Fault Statute
• 10 Common Car Accident Injuries
• What To Do If You Are Injured in a Car Accident
• Compensation For Car Accident Injury Claims
• How Car Accident Cases Are Settled

Read Frequently Asked Questions about Car Accidents

Car Accident Resources