What to Do if You Are Injured in Miami as a Tourist but You Live Out of State
Having anything go wrong on a vacation can be a huge stress, but ending up in the hospital because of an accident is one of the worst things that can happen. However, once you get our lawyers on your side, we can help take care of everything.
The first thing to do after any accident is to get medical care. If you can, also collect evidence about the accident – witness contact info, pictures of the scene, etc. – and report any auto accidents to the police. From there, call our lawyers. We can help you understand how getting treatment out of state works, and how to file insurance claims and lawsuits to cover your injuries.
For a free case review, call Graves Injury Law Firm’s Miami personal injury lawyers right away at (305) 614-2767.
What to Do After an Accident Out of State
If you were hurt in Miami or anywhere else in South Florida, take the following steps.
Report Car Accidents
In Florida, you have to report any car accident involving injury. Call 911, report the accident to the police, and request an ambulance.
For other accidents, you may be able to go to the hospital with a friend, or you may need to call 911 if you’re very seriously hurt.
Get Medical Care
You should get any injuries you have treated. The ambulance crew can do first aid and let you know if you need further care. If you do, go with them.
At this time, don’t worry if your insurance is going to cover the care or if it’s out of network; we will seek compensation for all medical care later.
Gather Information
While waiting for the ambulance – or if you are able to stay at the scene – collect any evidence you can.
- Get witness contact info.
- Get contact info for defendants.
- Note where the accident happened.
- Take photos of vehicle damage or the things/location that injured you.
- Check if any security cameras might have seen the accident and note their locations.
- See if any vehicles involved/nearby had dash cams.
Call a Lawyer
From there, your next move is to call a lawyer. Our Miami personal injury lawyers can help you get police reports, record damages, help you find care specialists, and start on your insurance claims and potential lawsuits.
Treating Your Injuries Out of State
You should go to the nearest hospital and get treatment there. Do not worry if your insurance covers that hospital or network; we are going to seek damages through an insurance claim or lawsuit anyway, not through your health insurance.
Going Home During Treatment
From there, you may continue treatment here until you are well enough to go home. At that point, you might pick up care with your own doctors or at a hospital nearer to you.
Transferring Records and Tracking Bills
Do not worry about the changes in providers and whether things carry over; our lawyers can help keep track of your medical records and bills so that we can properly use them as evidence and present the bills as damages.
Using a Miami Injury Lawyer
When you get hurt in Miami, you should use a Miami lawyer. Our attorneys are more than willing to take on your case, even if you are trying to go back home to another state.
You might not be able to use a lawyer from back home. It will depend on many factors, not the least of which is whether they are actually licensed to practice law in Florida. Florida has some different rules from other states, especially when it comes to car accidents, and getting your case handled properly means using a Florida lawyer in many cases.
FAQs for Accidents Away from Home in Miami
Where Do You File Your Case?
You usually file injury claims where the accident happened. That means taking it to court here in Miami. In some cases, you might even file in federal court, but the location of the case still governs which court you file in.
Can You Use a Lawyer from Back Home?
If you have a lawyer in your home state, they might not be licensed to practice in Florida. Even if they are, it might be best to use a Florida attorney who is practiced in Florida’s specific laws.
Does Car Insurance Cover Out-of-State Accidents?
In Florida, we use a no-fault insurance system. This means that every driver has their own insurance to cover $10,000 worth of damages at certain rates.
Auto insurance policies are usually set by state, but nearly all policies have coverage for accidents that happen in another state. We can review your policy and talk to your insurance company to see if you have coverage under your policy; if not, we can seek more coverage from the defendant’s policy or through a lawsuit, if you meet the requirements to sue under Florida law.
Do You Have to Attend Your Trial in Florida?
Most injury cases settle, which means that even if we do file your injury claim in court, it may never have to go to trial. Even if cases do require hearings or trials, there may be options for you to participate remotely or for our lawyers to handle many of the in-person issues without you present.
If the case does go to trial and you have to testify, you may need to come back to Florida and appear in person for the most effective testimony.
How Will Florida Law Affect the Case?
Whether you will win your case at all always depends on the facts, but the specific state laws also play a part. Florida law is quite in line with other states’ laws in most injury cases, so there will not usually be any legal disadvantages you face here.
There are some technicalities with negligent security claims that might hurt claims against concert venues, clubs, and the like, but most other cases are approximately as likely to go your way in Florida as they would be in any other state.
Are There Damage Caps in Florida?
Florida law places no caps on compensatory damages or non-economic damages for most injury cases. There is, however, a law on the books to cap medical malpractice claims at $500,000 for non-economic damages.
If you seek punitive damages, they are capped at three times the compensatory damages or $500,000, whichever is higher.
Call Our Miami Personal Injury Lawyers Today
If you were hurt in Miami, get help in Miami by calling Graves Injury Law Firm’s Miami personal injury lawyers at (305) 614-2767.
