The aftermath of a car accident can be difficult to deal with. You may be left with expensive damages, medical care needs, and an inability to work. When you get hurt, you deserve compensation for every dollar you are charged for the crash.

Our lawyers work to help injured victims and their families recover compensation. Whether this means tapping into your insurance, filing a claim with the at-fault driver’s insurance, or even going to court, we can help.

For your free case review with Graves Injury Law Firm’s car accident lawyers, call (305) 614-2767.

What To Do After a Car Accident in Miami

In the immediate aftermath of a crash, take the following steps:

  • Check for injuries and seek medical attention.
  • Call the police and file a report.
  • Gather evidence (photos, witness info, any police reports, footage, and accident details).
  • Contact an experienced attorney at Graves Injury Law Firm to protect your rights.

In the following days, take these steps:

  • Continue following through with necessary medical care, rehabilitation, etc.
  • Call a lawyer for help putting your case together and filing insurance claims.
  • File insurance claims with your insurance and the at-fault driver’s insurance.
  • Have your lawyer negotiate for damages – do not accept a settlement that is too low for your case.
  • Then, file a lawsuit if needed.

Florida’s No-Fault Insurance Laws

Florida operates under a no-fault insurance system, which means that after a car accident, your own insurance covers your medical expenses and lost wages through Personal Injury Protection (PIP), regardless of who caused the crash.

Your PIP Insurance

PIP typically covers

  • 80% of emergency medical bills.
  • $2,500 for non-emergency medical expenses.
  • 60% of lost wages.

PIP coverage is capped at $10,000, and it does not pay for pain and suffering damages at all.

Other First-Party Benefits

$10,000 is rarely enough, so many drivers opt for additional insurance. This can include things like additional medical payment coverage, collision coverage for vehicle damage, and more.

You can use this by paying a deductible, and your insurance usually pays regardless of who caused the crash, but even this leaves you with unpaid damages in many cases.

The Other Driver’s Insurance

Since you have additional damages, you may be able to file a third-party claim with the defendant’s liability insurance. Drivers must carry liability insurance covering $10,000 of property damage.

Liability insurance for bodily injury is not required, but many drivers do have this insurance. If they do, you can potentially file against it for additional coverage.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

You can add uninsured and underinsured motorist coverage (UM/UIM) to your policy. This gives you additional money to tap into if the other driver does not have insurance or has insurance that is too low to cover your needs.

Serious Injury Threshold

If you meet the “serious injury threshold,” then you can file a lawsuit for damages beyond what insurance covers. This is the only way to get pain and suffering damages paid in most cases.

Serious injuries include things like death and permanent injury/amputation, as well as substantial scarring.

Filing a Car Accident Lawsuit in Miami

If your injuries are severe and exceed your PIP coverage, you may be able to file a personal injury lawsuit against the at-fault driver. We can help determine if you are eligible for additional compensation.

Statute of Limitations

Florida’s statute of limitations for personal injury claims is 2 years from the date of the accident. However, it is crucial to contact an attorney as soon as possible to preserve evidence and protect your claim.

Under the statute of limitations, you only need to file your claim on time. It can take months or even years to finish the court case after filing. Our lawyers will seek to drive down this time by settling the claim through rigorous negotiations when possible.

Elements of a Car Accident Lawsuit

To win a car accident lawsuit, you need to show that the defendant’s actions met these four elements:

  1. The defendant owed you a legal duty. This duty often comes from traffic laws, such as speed limits, drunk driving laws, and distracted driving laws that put obligations on drivers.
  2. The defendant breached that duty. This usually means that they violated a traffic law, but acting unreasonably can also be a breach of a general duty to act reasonably.
  3. Their breach of duty caused your crash.
  4. You suffered damages and injuries in the crash.

Damages Available

In a lawsuit, you can recover all damages related to your crash. This might mean getting damages you have already been paid through your insurance, but your insurance company can be paid back for those damages; you are not allowed to recover double.

  • Medical bills
  • Lost wages
  • Vehicle damage
  • Other incidental costs
  • Pain and suffering.

Note that pain and suffering is not paid through your insurance; the only way to get it is a third-party claim against the defendant’s liability insurance or a lawsuit.

How Fault is Determined in a Car Accident in Miami

In a car accident, as discussed above, you must show that the defendant caused your accident by breaching a legal duty that they owed you. How this is decided – and how much fault each party shares – is handled under certain rules.

Jury Decides Fault

When the case goes to court, the jury is the one to decide which drivers were at fault for the crash. The judge is there to make legal decisions.

If you do not go to court, then the insurance companies decide, and they often rule in favor of their own drivers. However, fault is not even required to get paid through your PIP.

Partial Fault Permitted

In some cases, more than one driver is at fault. Courts can assign partial liability to each driver involved in a crash, usually by using a whole-number percentage. This can result in things like 50/50 fault or 80/20, depending on how bad each driver’s actions were.

Comparative Negligence

Courts can also find that the victim was partially at fault. This blocks the damages equal to your own percentage of the fault but still allows you to get paid by the defendants for their fair share.

You can still sue under Florida law as long as you are not over 50% fault. There used to be no limit on partial fault, but this law was changed in 2023.

How to File a Car Accident Case if You Were Hit by a Commercial Driver

Commercial drivers, from delivery drivers to truck drivers, are often covered under their employer’s commercial policies. This can make insurance claims easier. However, lawsuits might also be available against the commercial driver’s employer.

Commercial Insurance

Commercial driver’s insurance often has much higher compensation amounts and limits. Truck drivers and other commercial drivers know they might cause high-dollar damage to their cargo and other drivers, and these policies are often equipped to cover it.

Suing the Commercial Driver’s Employer for Driver’s Fault

If a commercial driver was working within the scope of their employment as an employee when they caused the crash, the company they work for can usually be held liable in their place.

This rule is called “respondeat superior” and can get damages paid by the company – which is often in a better place to afford damages – rather than the individual driver.

Suing the Commercial Driver’s Employer for Its Own Fault

Companies can also be held liable for their own mistakes and issues, such as negligent hiring, negligent vehicle upkeep, and other commercial driving regulatory violations.

How to File a Car Accident Case if You Were Working When You Crashed

If your car accident was work-related, it might be covered under your employer’s insurance.

Workers’ Compensation

All employees are supposed to be covered under their employer’s Workers’ Comp insurance. This insurance pays for 2/3 of lost wages and medical benefits if you were injured in a work-related accident, including car accidents.

However, it only applies to employees.

Delivery and Rideshare Drivers

Many “gig workers” performing delivery and rideshare jobs are covered under additional insurance. These policies have various names, such as “occupational accident coverage.”

Commercial Driver’s Insurance

If you drive for work, you might also be covered under a commercial policy. These policies often have higher coverage for injured drivers beyond what your personal PIP policy might have.

Suing for Wrongful Death in a Miami Car Accident

If your loved one was killed in a car crash, you might have additional claims you can file.

Survival Action

The deceased victim’s ability to sue continues on after they pass away. Filing this claim can help you and your family recover the damages the victim would have claimed. For example, medical bills and lost wages between the injury and their death, as well as pre-death pain and suffering are often covered.

Wrongful Death

A wrongful death action covers the damages that your family faces because of the death. This can include damages for lost earnings and support, funeral expenses, lost household services, and more. You can also get compensation for non-economic damages like grief.

Negligent Infliction of Emotional Distress

If you were in the car when your loved one passed, and you were also impacted by the accident, you might be able to sue for the emotional distress that caused you. Florida has a quite restrictive “impact rule” that says you must have also been injured in the accident in order to sue for the emotional distress of witnessing your loved one’s accident.

Our Miami Car Accident Lawyers Can Help

Dealing with the aftermath of a car accident can be overwhelming. From medical bills and lost wages to insurance disputes, the challenges add up quickly. That’s where Graves Injury Law Firm steps in.

Our approach includes

Thorough Investigation

We gather evidence such as police reports, witness statements, and accident reconstruction to determine fault and build a strong case.

Insurance Negotiation

We handle all communications with insurance companies to ensure you’re not pressured into accepting a lowball settlement.

Comprehensive Damage Assessment

Our team calculates the full extent of your losses, including future medical needs, pain and suffering, and lost earnings.

Our personalized approach ensures that every client’s unique situation is addressed with care and precision.

FAQs for Car Accidents in Miami

How Much Does it Cost to Hire a Car Accident Attorney?

At Graves Injury Law Firm, we work on a contingency fee basis, meaning you pay nothing unless we win your case. This ensures that you have access to quality legal representation without up-front costs.

What if You Are Partially at Fault for the Accident?

Florida follows a modified comparative negligence standard, meaning both drivers can share fault for an accident. Compensation is adjusted based on each party’s percentage of fault.

Your damages are reduced by your percentage of fault as long as you are at a maximum of 50% fault. If your fault is more than 50%, you are blocked from suing.

What Compensation Are You Entitled to?

At Graves Injury Law Firm, we fight to recover compensation for:

  • Medical Expenses:Surgeries, hospital stays, rehabilitation, and future care.
  • Lost Wages:Income lost due to time off work and diminished earning potential.
  • Pain and Suffering:Physical pain and emotional distress caused by the accident.
  • Property Damage:Costs for repairing or replacing your vehicle and belongings.
  • Wrongful Death:Funeral expenses and loss of companionship for families who have lost a loved one.

What Happens if the Other Driver Does Not Have Insurance?

If the at-fault driver does not have insurance, you may be able to file a claim with your own insurance if you have uninsured motorist coverage (UM). If you do not have this coverage, our car accident attorneys can help you explore other options for recovering compensation.

Can You Sue for Any Car Accident in Miami?

In Florida, we use a no-fault system. This means that you are supposed to use your own car insurance’s PIP coverage after a crash, and you are limited as to when you can go after the other driver.

This usually requires “serious injuries,” which include amputation, lost function, and death.

What Types of Car Accidents Does Your Firm Handle?

We handle all kinds of car accidents, including, but not limited to, these:

  • High-speed crashes
  • Distracted driving accidents
  • Drunk driving accidents
  • Work-related car accidents
  • Commercial driving accidents
  • Rear-end collisions
  • Parking lot crashes
  • Pedestrian accidents
  • Bike accidents
  • Multi-car crashes.

How Soon Should You Call a Lawyer After a Crash?

Call a lawyer as soon as you can after the accident. There is no point in delaying, plus, we can help you with things like evidence collection, finding auto shops to appraise your damage, and tracking the medical records and damages in your case.

Where Should You Get Medical Care After a Crash?

You should usually go to the hospital instead of going to your normal doctor or an urgent care clinic after a crash. If you do not go to a hospital, you might actually be turned away from care, but hospitals cannot turn you away.

Hospitals cannot turn you away from care if your injuries are too serious, but other clinics might not have the equipment to treat you. Additionally, hospitals can bill third-party insurance like car insurance, but many other clinics cannot.

What if You Are Injured in Miami but Live Out of State?

Usually, car accident cases need to be handled where they happened. Our car accident lawyers can file your case here in Miami and handle most of the case remotely if you live far away or cannot travel because of your injuries.

If we can successfully reach a settlement, you might not need to return to attend any court dates.

Can You File a Car Accident Claim for an Accident in a Rental Car?

If you were renting a car, your insurance might still cover you. Check your policy to see whether it covers you while driving other cars. You might have also opted for additional insurance when you rented the car that covers higher damages.

That being said, you may still be able to file a lawsuit if your injuries meet the serious injury threshold and you need additional damages covered.

Can You File a Lawsuit Against Auto Part Manufacturers?

Sometimes car crashes are caused by defective auto parts. These claims may be filed against the manufacturer or a mechanic/shop that installed them. This can help you recover damages in a single-car crash or where it looks like you might have caused the accident, but it was actually brake failure, ignition failure, or steering failure.

Do You Represent Defendants or Victims?

Our attorneys represent plaintiffs – that is, the victims in a car accident lawsuit. We also represent the families of those killed in a crash. We do not represent defendants.

How Do You Know Who to Sue?

Our attorneys research each case independently to get all the facts. We can identify which driver or drivers were at fault based on the facts of the crash. When commercial drivers are involved, we can research who the driver works for.

Often, a crash report from the police who responded to the scene will be essential in finding their names and contact info so we can file a case against the right parties.

Call Our Miami Car Accident Attorneys for Help Today

Call Graves Injury Law Firm at (305) 614-2767 for a free case evaluation with our car accident attorneys after your accident.