By Miami car accident and personal injury attorney, Stuart F. Cohen.
Injured in a Miami Car Accident? We Can Help | Call 305-670-0101
A car accident can change your life in seconds. Even a crash that initially appears minor can result in serious injuries, expensive medical treatment, missed work, and uncertainty about what to do next.
If another driver’s negligence caused your accident, you may have the right to seek compensation for your injuries and other losses. But dealing with insurance companies and determining who is legally responsible can be complicated, especially when your injuries are serious.
Baron, Herskowitz & Cohen represents people injured in car accidents throughout Miami and South Florida. Our attorneys can investigate what happened, deal with the insurance companies, determine what compensation may be available, and pursue the claim on your behalf.
If you or someone you love was injured in a Miami car accident, contact Baron, Herskowitz & Cohen for a free case evaluation.
Car accidents happen every day throughout Miami-Dade County. Crashes occur on busy highways, major intersections, residential streets, parking lots, and everywhere in between.
The circumstances of each accident are different. A driver may have been speeding, distracted by a cell phone, driving under the influence, or failed to yield the right of way. In other cases, determining responsibility may require a more detailed investigation.
Our Miami car accident attorneys handle claims involving many types of collisions, including:
Whether you call it a car accident, car crash, car wreck, or auto accident, the important issue is determining what caused the collision and who should be held responsible for your injuries.
Driver negligence is one of the most common causes of car accidents.
Examples include:
Not every crash is caused by a single driver’s actions. Poorly maintained roads, defective vehicle components, inadequate signage, or the conduct of another driver may also contribute to a collision.
Determining the cause of an accident can require more than simply reviewing the police report.
Depending on the circumstances, an investigation may involve photographs, video footage, witness statements, vehicle damage, accident reconstruction, medical records, and other evidence.
After a serious crash, you should not have to spend your recovery trying to figure out how to fight an insurance company.
Baron, Herskowitz & Cohen can handle the legal side of your claim while you focus on your recovery.
Our attorneys can:
Investigate the accident. We can gather evidence concerning how the crash occurred, including photographs, records, witness information, and other available evidence.
Determine liability. We work to identify the driver or other parties whose negligence may have caused or contributed to the accident.
Evaluate your injuries and losses. A serious injury can affect your finances and quality of life long after the initial treatment. We evaluate the broader impact of your injuries when pursuing your claim.
Deal with insurance companies. You do not have to negotiate directly with the insurer or accept its first settlement offer.
Protect your claim. We can help identify important deadlines, evidence, and legal requirements that may affect your case.
Pursue your case in court when necessary. If a fair settlement cannot be reached, our attorneys can pursue litigation on your behalf.
Florida’s statute of limitations for negligence actions generally provides a two-year period to bring a lawsuit, although exceptions can apply depending on the circumstances. The deadline can also be different for certain types of claims or defendants.
Do not wait until the deadline is approaching before speaking with a lawyer.
Evidence can become more difficult to obtain as time passes. Witnesses may become harder to locate, memories can fade, and important records may become more difficult to secure.
The sooner an attorney evaluates your case, the sooner you can understand the deadlines and legal options that apply to your particular accident.
The severity of an injury does not always correspond to the severity of the visible vehicle damage.
Car accidents can cause:
Some injuries may require surgery, rehabilitation, ongoing medication, or long-term care.
If an injury affects your ability to work or your future earning capacity, those consequences may need to be considered when evaluating your claim.
The compensation available in a car accident case depends on the circumstances of the accident, the severity of your injuries, the insurance coverage available, and the applicable law.
Depending on the case, compensation may include losses such as:
Not every injured person will be entitled to every category of damages. The value of a claim cannot be determined simply by looking at the vehicle damage or the amount of an initial medical bill.
Serious injuries can affect a person’s ability to work, care for a family, participate in activities, and live independently for years. A thorough evaluation should consider both the immediate and long-term consequences of the accident.
The driver who caused a collision is often the primary source of a car accident claim, but that is not always the end of the investigation.
Depending on the circumstances, potentially responsible parties may include:
Determining who is legally responsible can be especially important in serious injury cases because additional responsible parties may provide additional sources of insurance or compensation.
A collision with an uninsured or underinsured driver can create additional challenges.
Your own insurance policy may provide uninsured/underinsured motorist coverage, depending on the policy and circumstances. Other sources of coverage may also need to be investigated.
An insurance company may not automatically offer everything you are entitled to receive under your policy.
An attorney can review the available insurance coverage and help determine how to pursue compensation after a crash involving an uninsured or underinsured driver.
What you do immediately after a crash can affect both your health and your potential injury claim.
If you are physically able to do so:
Get medical attention. Some injuries are not immediately apparent after a collision. Prompt medical evaluation also creates documentation of your injuries and treatment.
Report the accident. Contact law enforcement and make sure the crash is properly documented.
Exchange information. Obtain the other driver’s name, contact information, driver’s license information, and insurance information.
Document the scene. If it is safe, take photographs of the vehicles, the accident scene, road conditions, visible injuries, and anything else that may help establish what happened.
Identify witnesses. Obtain contact information for anyone who witnessed the collision.
Notify your insurance company. You should report the accident as required by your policy, but be cautious about giving recorded statements or discussing the extent of your injuries before you understand your rights.
Do not assume you are uninjured. Some injuries become more apparent hours or even days after a crash.
Talk to an attorney if you have been injured. An experienced Miami car accident lawyer can evaluate the circumstances and explain your options before you make decisions that could affect your claim.
Florida is a no-fault auto insurance state. In many situations, an injured person first turns to their own Personal Injury Protection (PIP) coverage for certain medical expenses and lost income, regardless of who caused the accident.
But PIP does not necessarily mean that you cannot pursue a claim against the driver who caused your accident.
Florida law provides circumstances in which an injured person may pursue a claim against the at-fault party, including when the injury meets the applicable statutory threshold.
The insurance available after an accident can also depend on the policies covering you, the other driver, and potentially other parties.
Because insurance coverage and liability can become complicated, it is important to understand all potentially available sources of compensation rather than assuming that your PIP benefits are the end of your claim. This may be confusing and is why our car accident attorneys offer free case reviews and consultations to injured drivers.
A serious injury caused by another driver’s negligence may give you the right to pursue a claim against the at-fault driver.
Florida law also recognizes comparative fault. In other words, the fact that another driver caused the accident does not necessarily mean the insurance company will not argue that you contributed to the crash or your injuries.
Insurance companies may investigate an accident with their own interests in mind. They may look for evidence that can reduce their liability or the amount they have to pay.
A Miami car accident attorney can investigate the accident independently and work to establish who was responsible.
Not every accident requires an attorney. If you suffered significant injuries, have substantial medical expenses or lost income, liability is disputed, or an insurance company is challenging your claim, consulting a Miami car accident lawyer can help you understand your rights and options.
Being partially at fault does not necessarily prevent you from recovering compensation. Florida’s comparative-fault rules can affect the amount you may recover, depending on the circumstances. The specific facts of your accident should be evaluated by an attorney.
You should understand the full extent of your injuries and losses before accepting a settlement. Once a claim is resolved, you may be unable to seek additional compensation for injuries or losses covered by the settlement.
Some injuries may take time to become apparent. If you develop pain or other symptoms after an accident, seek medical attention and explain that you were involved in a collision.
Yes. A traffic citation is not necessarily required to establish civil liability. The facts and available evidence determine whether another driver may be legally responsible for your injuries.
You may still have options after a hit-and-run accident. Your own insurance coverage, including potentially uninsured motorist coverage, may become important. An attorney can review the circumstances and available coverage.
There is no reliable one-size-fits-all formula. The value of a claim can depend on the severity and duration of your injuries, medical treatment, lost income, future losses, available insurance, liability, and other factors.
Choosing a Miami personal injury lawyer is an important decision, particularly when you are dealing with serious injuries and an insurance company that has its own team of claims professionals and attorneys.
Baron, Herskowitz & Cohen represents injured individuals and families in personal injury matters throughout Miami and Florida.
Our attorneys understand that every accident is different. We take the time to investigate the circumstances of the crash, understand how your injuries have affected your life, and pursue the compensation available under the law.
We can handle the insurance companies and the legal process while you concentrate on getting better.
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