If you or someone you know has been gravely injured in a car accident, the Miami Gardens car accident lawyers at Klotzman Law Firm are here to assist. We dedicate ourselves to aiding those injured in car accidents in their pursuit of justice and equitable compensation for their losses.
Car accidents rank among the top causes of injuries and fatalities in the United States. In just moments, a collision caused by a distracted, negligent, or intoxicated driver can drastically alter your life. This is the reason we apply our expertise, experience, and resources towards supporting victims of car accidents.
Our Klotzman Law team of Miami Gardens car accident and personal injury lawyers will guide you through the legal proceedings following a car accident, ensuring you receive the compensation you rightfully deserve. Contact our office today at 954-915-7405 to arrange a free consultation with a leading car personal injury attorney in Miami Gardens, FL.
Car Crash Statistics
Frequently, automobile collisions lead to severe injuries or, tragically, fatalities for those involved. Here are some key statistics about car collisions in Florida:
- A report by Money Greek reveals that from 2017 to 2019, alcohol-impaired driving was implicated in around 20% of automobile incidents in Florida. Other major contributing factors include driver fatigue, excessive speed, and distractions while driving.
- Data from the Florida Highway Safety and Motor Vehicles (FLHSMV) indicates that injuries occur in approximately 40% of vehicular accidents in Florida.
- FLHSMV data shows that there were 2,917 deadly automobile collisions in 2018, with a significant increase to 3,459 such incidents in 2019.
What Should I Do After a Car Accident in Miami Gardens?
The actions you take immediately after a car accident greatly influence your ability to secure full compensation. Insurance companies thoroughly investigate your actions post-accident to determine the value of your claim.
Important steps to ensure eligibility for full compensation:
Contact the police: If there are injuries, call 911 immediately. Otherwise, still report the accident, especially if there is injury, death, or property damage exceeding $500.
Check on others: Help those needing medical attention and remain at the scene.
Exchange information: Florida law mandates sharing personal and vehicle information with other parties involved.
Document the scene: Take photos, videos, and seek any available surveillance footage.
Never admit fault: Avoid making any statements that could imply guilt.
Seek medical care: Delaying medical attention can be used against you by insurance companies.
Consult a car accident lawyer: Having legal representation is crucial to handle insurance companies and negotiations.
How Much Does a Car Accident Lawyer Cost?
Many victims of car accidents hesitate to seek legal counsel, fearing the costs of an hourly fee or a retainer. However, most personal injury attorneys, including ours, don’t ask for fees upfront.
Our car accident lawyers typically handle cases on a contingency fee basis, meaning we only get paid a portion of your settlement amount if we win the case. If the case is not successful, you owe us nothing. If we win, our firm receives a predetermined share of the settlement as per our contingency fee agreement.
Average Settlement for a Car Accident in Miami Gardens
Settlements in Florida car accident cases typically range from $10,000 to $60,000, but vary significantly based on injury severity and legal strategy. Engaging a competent Miami Gardens car accident lawyer can help estimate the potential compensation and mitigate the financial impact during recovery.
When to Consult a Miami Gardens Car Accident Lawyer?
It’s crucial to consult an experienced car accident attorney promptly. A lawyer provides essential advice on dealing with insurance companies and avoiding exploitation.
Consider legal representation after a car accident if:
- You suffered serious or long-term injuries.
- A loved one was fatally injured in the accident.
- You receive a low settlement offer from the defendant’s insurer.
- A government entity’s negligence might have contributed to the accident.
- Significant injuries and vehicle damage occurred.
- Another’s negligence likely caused the accident.
- However, legal representation might not be necessary in minor accidents or where fault is clearly admitted.
Why Do I Need a Car Accident Attorney in Miami Gardens?
Handling the legalities of a car accident alone can be overwhelming. A lawyer simplifies your recovery process and prevents insurance companies from exploiting you. Our team assists with:
Case Preparation/Filing a Lawsuit: Managing paperwork and meeting filing deadlines.
Settlement Negotiations: Navigating Florida laws and negotiating with insurers.
Trial Preparations: Representing your case in court, if necessary.
Estimating Compensation for Car Accident Damages in Miami Gardens
Determining the compensation for car accident damages varies widely, depending on the unique circumstances of each case. Factors influencing compensation include:
Fault and Liability: Who was responsible for the accident.
Severity of Injuries: The nature and extent of injuries sustained.
Age of the Victim: The age of the injured party.
Degree of Damage Sustained: How extensive the damages were.
Types of Damages in Car Accident Claims
Compensation in car accident cases may fall under several categories, depending on the specifics of the incident:
Economic Damages: These are quantifiable losses like medical bills, property damage, and lost wages. Proof of expenses, such as receipts, is necessary to claim these damages.
Non-Economic Damages: These are more subjective and include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. The court determines an appropriate amount for these damages.
Punitive Damages: In cases of egregious misconduct by the defendant, such as driving under the influence, Florida courts may award punitive damages to deter similar behavior in the future.
Determining Fault in Car Accidents
In Miami Gardens and throughout Florida, establishing fault involves:
Duty of Care: Demonstrating the other driver’s obligation to operate their vehicle safely.
Breach of Duty: Showing the other driver failed to uphold this duty.
Causation: Linking the breach of duty to the injuries and losses incurred.
Proof of Damages: Documenting the losses and injuries resulting from the accident.
Timeframe for Filing a Car Accident Claim
In Florida, the statute of limitations for filing a car accident lawsuit is four years from the accident date. Delaying beyond this period can forfeit your right to claim compensation. Prompt consultation with a car accident lawyer is crucial to initiate the claim process correctly.
Role of a Car Accident Attorney in Filing Insurance Claims
A skilled car accident lawyer aids in various aspects of the insurance claim process, including:
- Notifying the insurer about the accident.
- Submitting necessary reports and medical records.
- Handling communications with insurance adjusters.
- Assisting in car damage assessments, not limited to insurers’ recommendations.
- Gathering and presenting evidence to support the claim.
- Drafting and sending demand letters to the at-fault party’s insurer.
- Ensuring the claim adheres to legal requirements and is filed within the statute of limitations.
- Handling Different Types of Car Accidents
Our firm handles a range of car accident types, each with its specificities regarding fault and compensation claims. These include:
- Distracted Driving: This involves any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, or fiddling with the stereo, entertainment, or navigation system.
- DUI Accidents: Driving under the influence (DUI) accidents occur when drivers operate a vehicle while impaired by alcohol or drugs. These incidents often lead to severe accidents due to the impaired judgment and reaction times of the driver.
- Hit & Run: These are incidents where a driver causes an accident and then illegally leaves the scene without providing contact information or aiding the injured.
- Reckless Driving: This refers to driving with a disregard for the safety of others. It can include speeding, changing lanes erratically, and not obeying traffic signs or rules.
- Head-on Collisions: These accidents happen when the fronts of two vehicles hit each other. These are often severe and can occur when a driver veers into oncoming traffic, often due to distraction or impairment.
- Rear-End Accidents: These occur when one vehicle hits the back of another. Commonly caused by tailgating or inattention, these accidents can range from minor fender-benders to serious crashes.
- Rideshare Accidents: These involve vehicles used in ridesharing services like Uber or Lyft. Issues of liability and insurance can be more complex in these cases.
- Speeding Incidents: Accidents that occur due to drivers exceeding the speed limit or driving too fast for conditions. Speeding reduces the driver’s ability to steer safely around curves or objects and increases the distance necessary to stop a vehicle.
- Rollover Accidents: These are particularly violent crashes where a vehicle tips over onto its side or roof. These are more common in taller, narrower vehicles like SUVs and vans.
Uninsured Motorist Cases: These involve accidents caused by drivers who don’t have insurance. They can complicate the process of compensation for damages and injuries for the victims.
Schedule a Free Consultation with a Miami Gardens Car Accident Lawyer
Navigating the aftermath of a car accident can be overwhelming, especially when it involves significant injuries that alter your life’s path. The physical, emotional, and financial burdens can be substantial.
Additionally, negotiating with insurance companies can be daunting and often results in inadequate compensation offers.
At Klotzman Law Firm, our seasoned Miami Gardens car accident attorneys are committed to advocating for your rights. We strive to construct a compelling case to ensure you receive the full compensation you deserve.
Contact us at 954-915-7405 to arrange a complimentary initial consultation with our proficient and respected car accident legal team.