As a former Assistant District Attorney, Eric Rosen understands the law from both sides. Today, in his private law practice, he is an experienced car accident lawyer in Florida who fights tirelessly for clients. The team of dedicated personal injury civil trial attorneys at Rosen Injury Law, P.A. are widely recognized as intelligent litigators who demand fair rewards for their distraught, injured clients.
Rosen Injury attorneys fight insurance company lawyers every day to secure generous settlements for those who have sustained losses due to the negligence of others. In fact, Rosen Injury has secured more than $100 million in compensation for clients.
Understanding Your Rights After a Miami Gardens Car Accident
Some information about the laws covering Florida, Miami-Dade County, and the surrounding area is useful for knowing the stakes of your auto crash claim.
No-Fault Laws in Florida and North Miami Beach
Residents of Miami Gardens are subject to Florida’s no-fault insurance system. This means that if you are involved in a car accident, your insurance company will typically cover medical expenses and lost wages up to the limit of your Personal Injury Protection (PIP) coverage, no matter who was to blame.
Pursuing the At-Fault Driver for Compensation
For more severe injuries that exceed the limits of PIP coverage—such as traumatic brain injuries or spinal cord injuries—you might be entitled to pursue additional compensation through a fault-based claim. This could involve seeking damages for pain and suffering, long-term disability, and other extensive losses that are not covered under the no-fault system.
Understanding these rights is crucial, as it impacts the strategies used in pursuing further legal recourse and adequate compensation. It’s also important to understand your rights related to compensation for car crash injuries, including the need to prove specific types of injuries like permanent injury, disfigurement, or significant damage to bodily functions, which can significantly influence your compensation. Consulting with a Miami Gardens personal injury attorney is advised.
Time Constraints Specific to Miami Gardens Car Accidents Miami-Dade County
The statute of limitations in Florida gives you two years from the date of the accident to file a lawsuit. Missing this deadline can completely bar your right to recover any compensation through the courts, making it critical to set up a legal consultation as soon as possible.
The Impact of Comparative Negligence on Your Claim
Under Florida law, the statute on comparative negligence means that if you are found to be partially responsible for the accident, your compensation could be proportionally reduced by your percentage of fault. For instance, if you are deemed 40 percent at fault in an accident and the total damages amount to $100,000, you would only be eligible to recover $60,000. Properly documenting the accident scene, gathering witness statements, and securing surveillance footage can be instrumental in establishing the extent of the other party’s liability, thereby optimizing your compensation.
Common Causes of Car Accidents in Miami Gardens
Car accidents in Miami Gardens often result from a variety of factors that can often be traced back to driver behavior, environmental conditions, and occasionally, vehicle malfunctions:
Distracted Driving
The use of smartphones, GPS devices, and other electronic gadgets while driving is one of the leading causes of auto crashes. Activities like eating, engaging with passengers, or adjusting vehicle settings like the radio or climate controls can also divert a driver’s attention away from the road, leading to potentially hazardous situations.
Speeding and Aggressive Driving
Many collisions are caused by drivers who exceed posted speed limits or engage in aggressive driving behaviors. These include improper lane changes, tailgating, and failing to yield the right of way. Such actions not only increase the likelihood of causing an accident, but they also increase the severity of accidents when they occur.
Impaired Driving
Driving under the influence of alcohol or drugs continues to be a significant problem. These substances severely impair a driver’s cognitive functions and reaction times, increasing the risk of accidents dramatically. Even small amounts of alcohol can affect a driver’s ability to make sound judgments and react quickly to changing road conditions.
Environmental Factors
In addition to driver-related causes, environmental factors such as poor road conditions, inadequate street lighting, and adverse weather can also contribute to car accidents. These conditions may reduce visibility or vehicle traction, making it difficult for all drivers, even those driving attentively and soberly, to maintain control.
Realizing these common causes of traffic accidents helps in formulating preventative measures and also serves as critical information for legal and insurance considerations following an accident. Awareness and adherence to traffic laws, along with responsible driving behaviors, are key to reducing the risk of car accidents in Miami Gardens.
Why Choose Our Miami Gardens Car Accident Lawyers
Our firm is deeply entrenched in the Miami Gardens legal environment, boasting a robust commitment to client advocacy and a proven track record of securing favorable outcomes in intricate car accident cases. We personalize our approach for each client based on the specific nuances of the accident and injury situation, striving to lift the burden during this stressful time by meticulously handling all legal aspects. This allows our clients to focus solely on their recovery without the added stress of legal complexities.
Experience Managing Insurance Claims and Settlements
Handling insurance claims effectively involves more than just submitting information to an insurer. It requires a strategic approach that protects your interests and maximizes your potential compensation.
Our experience extends across a wide range of car accident scenarios, from minor collisions resulting in whiplash injuries to major crashes causing permanent disabilities. We understand that each case carries its own set of challenges and impacts our clients and their families uniquely. By integrating comprehensive legal strategies with a compassionate approach, we advocate for your legal rights and support your overall well-being throughout the legal process.
Strategic Negotiations
Negotiating with insurance companies can indeed be challenging. Insurers are often focused on minimizing their financial exposure, using various tactics to reduce the amount of compensation paid out. They might question the severity of your injuries or argue that some costs are unrelated to the accident. An experienced attorney can effectively counter these tactics by building a robust argument based on evidence and expert testimony.
Lawyers understand the nuances of insurance law and how to negotiate to ensure that settlements reflect the true cost of your injuries and losses. Furthermore, a seasoned attorney can manage all communications with the insurer, relieving you of the stress and complexity of direct negotiations and helping to avoid common pitfalls that could weaken your claim.
Top FAQs to Miami Gardens Car Accident Lawyers
What should I do immediately after a car accident to protect my rights?
Immediately after a car crash, ensure your safety and that of others. Then, call 911. Document the scene with photos and gather witness contact information. It’s crucial to seek medical attention, even if no injuries are apparent initially.
How can a lawyer help with my car accident claim?
A traffic collision attorney in Miami Gardens can manage all legal aspects of your claim, negotiate with insurance companies, and if necessary, represent you in court. Their expertise in personal injury law helps ensure you receive adequate compensation for your injuries and losses.
What types of compensation can I recover?
You may be entitled to various forms of monetary damages, including medical expenses, lost wages, pain and suffering, and compensation for any permanent disability or disfigurement caused by the accident.
How long do I have to file a car accident lawsuit in Florida?
In Florida, the statute of limitations for filing a car accident lawsuit is typically two years from the date of the accident. However, it is best to consult a personal injury lawyer as soon as possible to avoid any potential issues with your claim.
Can I still receive compensation if I was partially at fault?
Yes, Florida’s comparative negligence law may allow you to recover compensation even if you were partially at fault for the motor vehicle accident. The amount may be reduced by your percentage of fault in the accident.
How can I determine who is at fault for the car accident I was involved in?
Subject to any agreements to settle between the parties, only the court will determine who’s at fault and who is the victim. The best things you can do to help your court case proceed effectively are to discuss it only with your attorney and meaningfully participate in the proceedings.
What information should I gather at the scene of an automotive accident?
If possible, write down the other driver’s contact information, insurance company name, and license plate number. And if you can, snap some pictures or make some short videos.
Should I call the police even for a minor car accident?
After an auto accident call, it is wise to call your lawyer here at Rosen Injury Law first. When you do, we can instruct you about what to say to the police. Also, refrain from discussing the details of your case with others. Call (954) 787-1500 today.
How important is getting medical care right after a serious car crash or accident?
It’s very important. Not only does it make sure that you’re physically safe, but medical treatment will help to protect your rights in court. If you’re able to, call your attorney right after you call the ambulance.
What are the most common injuries in car accidents?
The most common injuries people incur in automotive accidents are broken bones, hemorrhaging, whiplash, traumatic brain injury (TBI), and spinal cord injuries.