Understanding Car Accident Lawsuits In Miami

A car accident comes with several negative side effects. First, it damages your car, you may be injured, and you may get into emotional turmoil. It may also be a tough task to handle the claim and any other legal issue that may come up all by yourself.

A car accident lawyer serving Miami, Florida can help you get maximum recovery of your car claim and deal with problems that come on the way here in South Florida.

Areas where you need the assistance of a car accident lawyer Miami

 

When your car and other property is damaged

In an accident, your car, another car, or property may be damaged. Sometimes your car or the other car may be written off. Your insurance company is at liberty to deem your car a total loss or pay for the repairs.

Concerning the insurance policy to pay for the damage, the insurance company will first find the party at fault. If you are the one at fault, the reimbursement will be done through your own insurance cover. However, if the other party is found to be at fault, his or her insurance cover will be used for reimbursement.

There are legal issues that may come up when proving which party is at fault. Moreover, the insurance company may site its terms, conditions, and caveats for not honoring the claim. You may need a lawyer to contest such decisions in a court of law. The other party in the accident may also sue you for negligence or reckless driving. You require an experienced lawyer to defend you in such a case.

Sometimes, the insurance company may give an offer that is not sufficient to cover for the loss especially when it comes to car repairs. At this point, you may contest the offer. A car accident lawyer may come in handy and help you get substantial claim.

Personal injury

If you or the other party is injured in the accident, they should get the correct medical attention at once. If you delay in getting medical attention, you may find it hard to prove that you got the injuries from the accident. Moreover, your injuries may also get worse with delay.

The amount insured determines how much you are to be paid for the medical attention. If the particular accident was caused by the fault of the other party, you will be paid from the other party’s liability insurance cover. For people that live in a no-fault state, the personal injury protection cover takes care of the medical bills. Your health insurance policy may also chip in and pay for the remaining medical bill. If you were hit by hit and run driver, uninsured or underinsured driver, you may be catered by uninsured motorist coverage.

Insurance companies look for any loopholes to exploit and avoid paying you or pushback the expenses as much as possible. It is important to keep all the documentation, receipts, and proof of other expenses intact for consideration by the insurance companies. However, if you have problems getting your medical claims paid; consider hiring a personal injury and car accident attorney.

There are other insurance claims that are hard to determine and prove that they occurred. They include the mental anguish, pain, and suffering. They are called general damages. For example, if you lost a hand as a result of the other party’s negligence, you may be paid for the general claims in addition to the costs you incurred for your medical care.

The statute of limitations

The law limits the duration that you may take to make claims for the car accident. You must file your claim within the allowed grace period for your case to be considered. It is thus imperative that you seek the help of a car accident lawyer in Miami as soon as you are involved in the accident. Any delay may be lead to loss of any compensation.

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How Car Accident Lawyer Miami handles the accident lawsuit process

Initial investigation

Apart from the police, the insurance company also launches its investigation in order to look for ways to reduce the amount of money that they have to pay out. The accident also launches his or her investigation based on the police report, witness testimonies, medical reports, and any other evidence. If you are found to be at fault, the attorney will look for ways to show that you were not at fault or other factors beyond your control caused the accident.

Evaluate the damages

Your attorney works with experts in various fields to determine the amount that you need for compensation. The lawyer looks at your current and any future medical expenses, the amount of lost wages, loss of earning capacity due to an injury or disability, damage to your car or any other property, the pain that you went through, inability to enjoy life and the lack of support and intimacy among others.

Creation of a claim

The lawyer creates a claim from the information obtained above and forms the basis for the lawsuit. Apart from the injury and other claims, he or she will also show that the other party was negligent and ask the court to compel the concerned parties to compensate you. The claim will also be the basis for seeking a reasonable verdict from the jury.

The lawsuit

As always, your lawyer will try to reach out the other parties in a bid to get a settlement out of the court before filing a lawsuit. However, if the negotiation does not bear any fruit, he or she may submit the claim to a court of law. If the negotiations are successful, the case will not head to the courts and you will be paid for the claim. The judge and the jury determine a claim that goes to court. You will be compensated for the amount determined by the two parties. However, you have a right to appeal against the verdict in a higher court if you are not satisfied.

Miami is a no-fault state. This means that every driver pays for the accident. You are required to carry with you the personal injury protection and property damage liability insurance for at least 10,000 dollars. However, if the accident is serious, you can seek legal action against the at fault driver.

It is a crime to leave the scene after you have been involved in an accident. The Miami laws require you to stay put until you have exchanged all the required information and assisted the other party. Wait for the police to come and write a report. If there are no police officers around, head to the nearest police station and record a statement.

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