MIAMI FLORIDA, AUTO INJURY LAWYER
You might be the most careful driver out there—unfortunately, it’s not always your own driving skills you need to worry about, but rather the skills of the drivers around you. Drivers on the road today often become distracted by phones, neglect traffic signs, and fail to pay attention to vehicles around them. What happens if you are injured in a car accident in Florida?
In the event of a car accident, having the right legal representation is vital. When you’re left with unexpected medical bills and other out-of-pocket expenses not covered by insurance, receiving compensation can significantly relieve financial stress—allowing you to focus on recovering from your injuries.
At Neufeld, Kleinberg & Pinkiert, PA, we understand the stress, worry, and pain that often results from a car accident. We will diligently pursue the maximum compensation possible for your situation to help you account for lost wages, medical bills, property damage, and pain and suffering. If you or a loved one have been injured in a car accident due to the negligence of another driver, you need an experienced personal injury lawyer to champion your car accident claim.
IS FLORIDA A "NO-FAULT" STATE?
Florida is a no-fault insurance state—one of only 12 in the United States. The Florida Vehicle No-Fault Law mandates that, regardless of who was at fault, your car insurance coverage must pay for your medical treatment or other out-of-pocket expenses up to policy limits. Under this law, drivers are required to carry a $10,000 minimum in personal injury protection (PIP) coverage, along with $10,000 in property damage liability (PDL). This coverage is required in order to cover medical bills and lost wages the driver may have suffered as a result of a car accident.
WHAT DOES "NO-FAULT" MEAN?
The term “no-fault” can be confusing. Many people think that this law means you are not allowed to seek additional compensation for personal injuries—but that isn’t the intention. The concept of no-fault actually relates to insurance coverage and how damages are approached. Essentially, it is intended to keep small claims out of court and create an easier process for those involved in an auto accident to seek medical treatment.
However, as with many rules, there are notable restrictions. In Florida, insurance companies will only pay up to a certain amount due to a limit on medical expenses. So, when are you able to step outside the no-fault system and file a lawsuit against an at-fault driver? If you have suffered injuries severe enough to exceed the injury threshold set by state law, it may be possible to file a lawsuit against the other driver.
WHEN CAN I SUE FOR A CAR ACCIDENT IN FLORIDA?
In order to file a personal injury lawsuit, you must be able to prove that the other party involved acted negligently and that their carelessness caused your injuries. However, car accidents tend to be a little more complex than that. With Florida being a no-fault state, your legal options are somewhat limited. The major exception here is when the injuries suffered are serious enough under the definition of the injury threshold set by the state.
Serious injuries are defined as:
- Significant and permanent disfigurement or scarring
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
For recent car accidents, it is vital that you take action right away in order to preserve evidence and be well within the statute of limitations—which is four years from the date of the accident. This means you should report your accident to the proper authorities and contact an experienced personal injury lawyer to represent your case.
If you are in an accident and the other driver is entirely at fault, they will be held responsible for compensating you for medical bills, lost wages, damages, or other losses suffered as a result of the accident through their insurance provider. However, if both drivers are found to be at fault in an accident, Florida’s “pure comparative fault” system comes into play.
This rule allows accident victims to be able to receive compensation from the other party even if they are partially at fault. However, the amount they will receive is reduced by the percentage of their contribution toward the accident. For example, if the other driver is found to be 70% at fault for an accident resulting in $100,000 in damages, and you were found to be 30% at fault, you would receive a total of $70,000.
CAN TRAFFIC CAMERAS HELP MY CAR FLORIDA CAR ACCIDENT CASE?
As experienced personal injury lawyers that deal with car accidents, we want to gather as much helpful evidence as possible. Generally, in a rear end auto accident liability is clear. However, at intersections, two different drivers will swear that they had a green light when, in reality, someone wasn’t paying attention. In these situation, traffic cameras can help. We have a list of the locations of all cameras operated by American Traffic Solutions listed on our website. Traffic camera footage is kept for 30 days and you or your personal injury lawyer will need the following forms:
- Car Accident Camera Release Form
- Car Accident Video Request Form
CAR ACCIDENT INJURIES
Car accidents are never pleasant, but serious ones can leave you with painful injuries that can impact you for months—or even years.
Common injuries you might sustain in a Florida car accident include:
- Whiplash (neck pain)
- Lower-back pain
- Chest trauma and bruised ribs from airbags and seatbelts
- Broken bones
- Cuts and scrapes
Under Florida’s no-fault law, those who are involved in an accident may receive compensation through their insurance provider up to policy limits. But what happens if the injuries sustained are more serious? If your injuries meet the injury threshold set by the state, you might be able to move past the no-fault rule and seek additional compensation.
WHAT TYPES OF INJURIES QUALIFY FOR COMPENSATION IN A FLORIDA AUTO ACCIDENT?
As we mentioned, in order to file an auto accident claim, the injuries sustained must meet Florida’s injury threshold. There are a variety of injuries that could be considered serious enough to take legal action.
Examples of serious injuries include:
- Traumatic brain injuries
- Broken bones that leave you unable to perform daily activities
- Back and spinal cord injuries
- Post-traumatic stress disorder
- Subdural hematoma
While our firm handles these serious personal injury claims, we can also assist with less serious, but potentially long-lasting, car accident injuries. Florida’s injury threshold only states that you must sustain a permanent injury. Even whiplash can be permanent—as stretched ligaments may never recover their original elasticity. In addition, bulging or herniated discs giving rise to neck or back pain may also be deemed permanent.
Examples of less serious injuries, that if permanent, can result in a valid car insurance claim include:
- Loss of cervical curve (i.e. straightening of the spine)
- Bulging discs (most commonly L4-L5 for those experiencing lower back pain after a car accident and most commonly C4-C5 or C5-C6 for those experiencing neck pain or headaches after a car accident)
- Lost range of motion (neck, back, shoulder, etc.)
- Partial tears, etc.
If you have been in a car accident, it’s always a good idea to seek medical attention—even if you don’t appear to be injured. Some injuries may not show up right away, meaning that you could be seriously hurt and not realize it. Getting evaluated by a medical professional will allow you to identify injuries that may otherwise have gone unnoticed. Seeking medical treatment immediately after an accident will also provide documentation of your injuries and help you build your case for a fair recovery.
MIAMI CAR ACCIDENT STATISTICS
According to the Florida Highway Safety and Motor Vehicles report, in 2018 there were 403,626 crashes, averaging more than 1,000 crashes per day throughout the year. Of those crashes, 236,157 people sustained injuries, and over 3,000 people lost their lives. In Broward and Miami-Dade counties combined, there were over 50,000 injuries reported.
There are millions of drivers on the roads in Miami and all throughout Florida. It’s essential to take care while you’re driving, not only for the safety of yourself and your passengers but also for the safety of other drivers on the road. Car accidents take place when you least expect them, so you should make sure that you understand the risks and know who to call if you are ever involved in an accident.
WHERE DO MOST CAR ACCIDENTS HAPPEN IN MIAMI?
Miami has some of the most dangerous roads and intersections in the state of Florida. Unfortunately, these intersections tend to be particularly treacherous due to the fact that they are not designed to accommodate heavy traffic. Miami is no small town, and as congestion continues to increase, so will the number of accidents on these roads and at these intersections.
Here are some of the most common roads and intersections for car accidents in Miami:
- I-95 Express Toll in Little River
- I-95 North Miami
- NE First Avenue and NE Sixth Street
- Pines Blvd. and South Flamingo Road
- Ives Dairy Road
- Miami Gardens Drive
- Hallandale Beach Boulevard
- Biscayne Boulevard
- US-1, Federal Highway
- West Dixie Highway
How can you avoid car accidents and remain safe on the roads? Despite being unable to control other drivers, there are several ways you can reduce your own chances of serious injury or avoid an auto accident altogether. First and foremost, always wear your seatbelt, and avoid distractions like talking on the phone. You should also make sure you are observing the speed limit. A crash that involves a speeding driver can end up causing far more damage than if the driver had been obeying the speed limit.
Never drive while impaired by drugs or alcohol. Not only is it illegal, but your ability to see, hear, and react is diminished significantly when under the influence. Accidents involving drunk drivers can be some of the most devastating for those involved. Finally, make sure that you are keeping your vehicle in drivable condition. Having a car that is in good working order will help you to avoid injuries from a crash that may result from equipment failure.
WHAT MAKES NEUFELD LAW THE BEST MIAMI CAR ACCIDENT ATTORNEYS?
If you’ve been in a car accident, it can be incredibly difficult to seek and receive full and fair compensation for your injuries in a no-fault insurance state—especially in the case of low-impact collisions. When you find yourself faced with a seemingly endless pile of paperwork and red tape to cut through, you’ll want an experienced and professional car accident lawyer on your side. At Neufeld, Kleinberg & Pinkiert, PA, we represent clients who have suffered a variety of injuries in car accidents, and we’re fully prepared to advocate on your behalf.
We proudly serve all of South and Central Florida. All of our cases are accepted on a contingency fee basis, meaning if there is no recovery, you will not have to pay. We’ll put our hands-on experience winning over $100,000,000 in jury verdicts and settlements for our clients to work for you.
NO WIN-NO FEES OR COSTS SERVICES IN ENGLISH AND SPANISH
We all see enough car accidents on our daily commutes to know how dangerous driving can be. If you have been injured in an auto accident, it can be incredibly difficult to receive full and fair compensation for your injuries, especially in a low-impact collision. With multiple insurance companies and a myriad of paperwork and red tape to cut through, you want an experienced and professional car accident lawyer on your side. The car accident attorneys at Neufeld, Kleinberg & Pinkiert, PA, have the background you need, with hands on experience in winning over $100,000,000.00 in jury verdicts and settlements our injured clients. The pain and suffering from a car accident can last a lifetime, and it is critical to have the best possible legal assistance. Consultations are always free.
CONTACT OUR PERSONAL INJURY LAW FIRM
We gather evidence for our injured clients and proudly serve all of South and Central Florida. If you have questions regarding car accidents, we encourage you to contact Neufeld, Kleinberg & Pinkiert, PA. All cases are accepted on a contingency fee basis — if there is no recovery, you do not pay. Evening and weekend appointments are available for the convenience of our clients. Fill out the contact us form below or at the link above and we will be happy to call or email you shortly.