Auto Accident Injury Attorneys in Miami Beach, FL at Gonzalez & Cartwright, P.A. Help Victims of Car Crashes Seek Compensation for Their Injuries in Miami-Dade County and Throughout Florida
A car accident in Miami Beach can put a serious damper on your life, especially when insurance companies aren’t willing to cooperate. But, with the qualified Miami Beach car accident lawyers at Gonzalez & Cartwright, P.A. representing you, you can win maximum compensation to help you get back on your feet.
Florida has no-fault insurance laws that make it easy to get treatment and recover property damage after a car accident. Every motorist in the state is required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance that pays for accident injuries.
But what happens when you have suffered extensive injuries exceeding $10,000? If you can prove that the other party was negligent and caused the accident, you can hold them accountable by filing a third-party claim or even suing them to recover further compensation.
Third-party car accident claims require you to prove fault, which can be difficult even when you have evidence. Our auto accident injury attorneys in Miami Beach, FL, can help you win more compensation even when you’re up against uncooperative insurance companies.
Insurance Claims Process in Miami Beach and Throughout Florida
Miami Beach is one of the most dangerous places to drive in the whole country. Live crash statistics show that a serious accident happens every few minutes, and 2022 statistics reveal a total of 62,255 crashes. Of these, 28,192 involved an injury, 298 were fatal, and there were 307 deaths involved.
With so many accidents taking place, no-fault insurance helps make claims easy and hassle-free. Your insurer will pay for your treatment no matter who was at fault, and you should notify them promptly after the accident and not later than 10 days.
However, once your policy has been exhausted, you can also file a third-party claim against the other driver if you can prove that they were negligent and responsible for the accident.
Filing a Third-Party Claim With Our Qualified Miami Beach Car Accident Lawyers
Filing a third-party claim requires you to collect evidence that can prove the other driver was at fault. For example, you can show that they failed to obey traffic rules, were driving recklessly, or were driving while under the influence.
That’s why it’s important to collect evidence from the accident scene. Take videos and photos; get the contact information of witnesses; and get the contact information of the police officer who responded to the scene.
Once the third-party insurer confirms that their client was responsible, negotiations begin so that you can settle on a fair amount of compensation. If your claim is denied or rejected, there are claim appeals processes you can follow, including external appeals that are regulated by the government.
Third-party claims are always difficult. You need to conduct investigations and prepare evidence in addition to handling the negotiations. It’s a good idea to hire our qualified auto accident injury lawyers in Miami Beach, FL to handle all that work for you. In fact, statistics suggest you can receive 2–3 times more compensation by hiring a lawyer than if you represent yourself.
When to Sue for a Car Accident
The formal claims process may fail to work, in which case you can file a lawsuit against the negligent party and their insurer. For example, if the insurance company is acting in bad faith or the settlement amount they’re offering is too low, you can opt to take things to court.
More commonly, car accident victims file lawsuits if there was gross negligence. For example, a drunk driver who causes a fatality or a reckless driver who hits a pedestrian is grounds for a lawsuit. You can also sue vehicle manufacturers, road maintenance agencies, and anyone else who was partially or wholly responsible for your accident.
Florida follows comparative negligence rules, which means you can recover compensation for each liable party depending on their level of fault. It also means that if you were partly at fault, you can still recover partial compensation.
When you decide to sue, it’s important to work with our experienced Miami Beach car accident lawyers. This ensures that you get maximum compensation if the case is settled, or the case goes to trial where a judge or jury can determine the appropriate award amount.
How to Win a Car Accident Claim With Our Miami Beach Car Accident Lawyers
Winning a third-party insurance claim or lawsuit can be difficult. In addition to collecting evidence at the scene, there are several other things you need to do to increase your chances of victory:
- See a doctor as soon as you can after the accident and get a full medical exam
- When you give your statement, tell them as little as you can and stick to the facts; more importantly, never admit fault, and never speculate about what happened
- Don’t sign anything and don’t accept a settlement amount without consulting a lawyer first
- Do not notify the other driver’s insurance company and don’t speak to their adjusters without your lawyer present
- Avoid posting on social media or talking to people about the accident
- Keep accurate records and documentation related to the accident, especially medical bills, car repair invoices, pay stubs, or income statements, among others
The first few days and weeks after your accident are vital. The other insurance company will be looking for evidence to disprove fault or reduce the potential settlement amount. Insurance companies aren’t above stalking you on social media or hiring private investigators, so your conduct will be vital.
The most important thing you can do is consult with the Miami Beach car accident lawyers at Gonzalez & Cartwright, P.A. as soon as you can so that we can guide you and handle the negotiations and claims process.
What Damages Can You Recover in a Car Accident Claim?
A third-party claim and lawsuit allow you to recover compensatory and non-compensatory damages. That means you can get damages for:
- Medical bills, including funeral expenses if you lost a loved one in the accident
- Past, current, and future income loss, including lost earning capacity
- Emotional suffering and trauma
- Scarring and disfigurement, including disability caused by the accident
- Long-term treatment and rehabilitation costs, including the purchase of medical devices and replacements (such as prosthetics)
Our experienced auto accident injury attorneys in Miami Beach, FL will help ensure that your claim is valued property and supported by documentation and expert witness so that you can get maximum damages awarded.
When Should You Hire Our Miami Beach Car Accident Lawyers?
You should hire a car accident lawyer immediately after a car accident, and not just when you’re suing the other driver. If you want to file a third-party lawsuit, our Miami Beach car accident lawyers can help you investigate the case, collect evidence, and handle negotiations to ensure you get fair compensation.
Our auto accident injury attorneys in Miami Beach, FL can also help you get through the complex claims and appeals process and win against uncooperative insurance companies. Contact us today for a free consultation about your case.
Frequently Asked Questions About Car Accidents in Miami Beach, FL
You’re only required to report an accident if it involves an injury or more than $500 in damage. However, it’s a good idea to report all accidents, especially to your insurance company. You must contact the authorities in every accident and get the police on the scene to help manage traffic, document the scene, and file a report.
If you have sustained injuries, you should wait for an ambulance so that paramedics can check you out at the scene and send you to a hospital. If there are no apparent injuries, you’re required to see a doctor within 14 days for a full medical exam to make sure there are no hidden injuries.
Gonzalez & Cartwright, P.A. is one of the premier law firms in Miami Beach and across Florida at large, having been recognized and awarded over the years for exceptional results. Above that, we take pride in our highly personalized approach, which ensures a satisfying experience for our clients. If you’ve had a car accident in Miami Beach, call Gonzalez & Cartwright today for your free case evaluation.