After you have been involved in a serious car accident in Miami, you should seek medical attention and then contact a Miami personal injury attorney. If it can be determined someone else’s negligence led to your injuries, you may be able to file a Florida personal injury lawsuit.
First, your Miami personal injury attorney will thoroughly investigate the circumstances of your car accident in Miami and negotiate with the insurance companies involved to get a fair settlement for your injuries and property damage. Since insurance companies are in the business of making money, a fair settlement might not be offered. At this point, the next step would be a Florida personal injury lawsuit.
Florida Personal Injury Lawsuit: Tips to Protect Your Legal Rights
After a car accident in Miami, there are certain things you should do to protect your rights.
Make sure you do the following:
- While your memory of the event is still fresh, write down what you remember about the car crash – Be sure to include the time and place it happened, the names and contact information of any witnesses, the insurance companies of all parties involved, and whether the police officer who responded was affiliated with the state, city or county.
- Speak with a Miami personal injury attorney before you speak with an insurance adjuster – an insurance adjuster will try every trick in the book to get you to say anything that will damage your claim or have it denied altogether.
- Gather evidence such as photos of property damage, visible injuries and the accident scene.
Your Miami personal injury attorney will comb through the evidence, police report and witness statements to determine who was at fault.
Florida Personal Injury Lawsuit: Proving Negligence
In order for your Florida personal injury lawsuit to be successful, it must be proven the person who caused your injuries was negligent, which means their actions were unreasonable. To prove negligence for your car accident in Miami, your Miami personal injury attorney must show that:
- the party who caused your car accident in Miami owed you a duty of care;
- that party breached their duty;
- you suffered damages; and
- your damages are directly related to the other party’s breach of duty.
The records and evidence you collect are essential in helping your Miami personal injury attorney prove negligence.
Once it has been determined the other party was at fault in your car accident in Miami, your Miami personal injury attorney will have to determine whether you contributed to your injuries. Since Florida is a pure comparative negligence state, the amount of compensation you may be entitled to will be reduced by any degree of fault on your part.
For example, if you are entitled to $20,000 in accident compensation but you were found to be 20% responsible for your car accident in Miami, your compensation would be reduced to $16,000. If you were 90% at fault, your compensation would be reduced to $2,000.
Florida Personal Injury Lawsuit: Value of Your Claim
You may be entitled to various damages in a Florida personal injury lawsuit.
Common damages include:
- medical expenses;
- lost earnings;
- property damage;
- permanent disability or disfigurement;
- physical and emotional pain; and
- any other incidentals related to your injuries.
You should meet with a Miami personal injury attorney as soon as possible to ensure you meet the deadline for filing a Florida personal injury lawsuit, which is 4 years in most cases. Although this may seem like a long time, keep in mind your attorney will spend some of this time trying to get the insurance companies to offer you a fair settlement. This can be a complicated, drawn-out process.
If the insurance companies reject your negotiations for a fair settlement, your Miami personal injury attorney will begin procedures for filing a Florida personal injury lawsuit. This will involve copious court documents and numerous deadlines throughout the process. Even if your case goes to trial, the insurance companies will still have the option of presenting you with a settlement option before a verdict is reached.
If your case does go to trial as a Florida personal injury lawsuit, you will likely need an experienced Miami personal injury attorney by your side.
Contacting a Miami Personal Injury Attorney
After a serious Miami car accident leaves you with life-altering injuries, you’ll want to seek help from a lawyer with experience in cases like yours. The Florida Injury Lawyers at Falk & Falk know what to look for when investigating your case and can fight for your rights when negotiating with the insurance companies. Before you accept any settlement offers, contact the Florida Injury Lawyers at Falk & Falk for a free case consultation – (305) 279-0999.