Car accidents can be traumatic and have lifelong consequences. If you’ve been involved in a serious accident, you may be facing a mountain of medical bills and a long recovery process. That is where a highly experienced Miami car accident lawyer can come in.
At The Schiller Kessler Group, we have helped more than 30,000 Florida accident victims recover the compensation they deserve after a crash. Your dedicated Miami personal injury lawyer with our firm will work tirelessly to secure a fair settlement or court award on your behalf.
Contact us today by phone or by completing the contact form to access a free consultation and start to take control of your future.
Car Accident Injuries Can Cause Profound Financial and Emotional Losses
Motor vehicle collisions can cause various injuries, ranging from minor to catastrophic. A reputable car accident lawyer in Miami can help you seek full compensation for all you have endured. Common car accident injuries include:
- Whiplash: This common neck injury occurs when the head is suddenly jerked back and forth in a collision, straining the neck muscles and ligaments. Symptoms include neck pain, reduced range of motion, and headaches.
- Broken bones: Fractures and breaks commonly occur in collisions, especially in the ribs, vertebrae, arms, and legs. These may require surgery and extensive physical therapy.
- Spinal cord injuries: High-impact crashes can damage the spinal cord, resulting in partial or total paralysis.
- Head trauma: A blow to the head can cause concussions and more serious traumatic brain injuries (TBIs). Severe brain damage can cause cognitive, behavioral, and physical impairments.
- Lacerations: Shattering glass and sharp, twisted metal inside a wrecked vehicle can cause deep cuts. Permanent scars may remain after stitches are removed.
- Internal injuries: The impact of a crash can lead to serious but less visible injuries, such as ruptured organs like the spleen, kidneys, or liver. These injuries require major surgery and can be fatal if not treated promptly.
If you or a loved one suffered an injury in a car accident, an experienced legal advocate can help you seek damages. Even if you suspect you only suffered minor injuries, see a doctor as soon as possible. Even catastrophic injuries can have latent symptoms. Any delay in treatment can cost you when it comes to reaching your maximum medical recovery.
The Schiller Kessler Group has a proven track record of successful case results and will fight for the settlement or court award you deserve. Consult with our team today to find out whether you have met the grounds necessary for a personal injury lawsuit or insurance claim.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Compensation Our Miami, FL, Vehicle Collision Lawyers Can Seek
Your car accident attorney in Miami can help you understand the value of your case. You should be compensated for both economic and non-economic losses caused by your wreck. While every case is unique, we often recover the following damages for our clients:
Medical Expenses
Car accident injuries often require expensive medical treatment. Your attorney can help you seek fair compensation for emergency medical care, hospitalizations, physical therapy, and other accident-related medical costs. We will also be sure to include the anticipated value of your future healthcare costs in our calculations.
Lost Wages and Reduced Earning Potential
If you have to take off work to recover from the injuries you sustained in the collision, you can secure compensation for the income you would have earned if the accident had not happened. If you are unable to return to your job due to a permanent disability, your legal team could also work to get you money for reduced earning potential.
You may also warrant compensation for benefits you were collecting from your employer. For example, if you were receiving a discount on health insurance coverage or are entitled to paid time off, and you missed out on these benefits due to your injury, you should be compensated accordingly.
Fortunately, these types of economic damages are easily quantified and verified with pay stubs and employment records.
Property Damage
Unless you were a passenger in someone else’s vehicle, your car accident claim should include property damage. Our team can help you seek damages for the costs of repairing or replacing your car. We can also seek compensation for damage to smaller items, such as funds to cover electronics damaged in the crash, the diminished value of your vehicle, and other related losses.
Non-Economic Losses
Non-economic damages do not have a fixed financial value but are extremely valuable. We will help you seek damages to cover your pain, suffering, and mental anguish. We take the emotional effects of car accidents seriously, working to ensure our clients receive funds to address these intangible losses.
Wrongful Death Damages
If your loved one passed away in a car crash, you may qualify for money for funeral expenses and other damages as described by Florida Statute § 768.21. However, only specific parties have the right to file a wrongful death action under Florida Statute § 768.20. Our wrongful death lawyer in Miami can explain your legal options after a fatal accident.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Dealing with Insurance Companies After Your Miami Accident
If you already reported the accident to your own insurance company, you do not have to speak to the other driver’s insurer if they contact you. It is best to speak to a legal representative first to protect your rights. Once hired, your team will handle communications with insurers.
You will be dealing with your own insurer since Florida is a no-fault state according to Florida Statute § 627.7407. If the insurance company offers you a settlement, think carefully before accepting, as you may not yet know the full extent of your injuries and losses.
The insurer knows what personal injury claims are typically worth and may offer much less, which could mean leaving money on the table. Common tactics they could use to avoid a large payout include downplaying your injuries or blaming you for the accident. Do not fall for these tricks; instead, consult with a knowledgeable car accident law firm.
How Our Miami, FL, Car Accident Law Firm Can Help After a Crash
A car accident attorney in Miami can help you in several ways after a collision. When you hire a lawyer, they will immediately take over every aspect of your claim, allowing you to focus on healing from your injuries and rebuilding your life.
We will take all the necessary steps to ensure you recover the compensation you need through an insurance claim or a personal injury lawsuit, some of which might include:
- Investigating the collision to determine who is at fault
- Collecting evidence
- Determining which damages you are eligible to claim
- Calculating the full value of your claim
- Filing the required paperwork
- Negotiating with the insurer or opposing attorney to reach a fair settlement
- Presenting your case at trial if necessary
Throughout the insurance claim or litigation process, we will keep you updated on the status of your case. We will inform you of any settlement offers you receive from the other party and advise you on how to proceed. With The Schiller Kessler Group on your side, the claims process does not need to feel intimidating.
Evidence Our Miami Lawyers Can Gather for Your Car Accident Case
When pursuing compensation for your car accident, certain types of evidence can be critical to proving your case and obtaining full compensation. Remember, the burden of proof in car accident and personal injury claims is based on a preponderance of the evidence. Key evidence to gather can include:
- Police report: The official accident report contains specific details about how the crash occurred, witnesses’ statements, determination of fault, and any citations issued. This report is invaluable because it provides objective evidence.
- Photographs: Pictures of the accident scene, vehicle damage, and injuries are also helpful to your case. Photos taken should vividly illustrate the extent of your property damage and injuries.
- Video footage: Video from surveillance cameras, dash cams, and eyewitnesses’ mobile phones can prove how the accident happened and who was at fault.
- Medical records: Doctor, hospital, and physical therapy records substantiate your injuries and treatment costs incurred due to the accident. Keep meticulous records.
- Receipts: Keep receipts for all accident-related expenses, such as medical bills, vehicle repairs, rideshare services, and accommodations due to your injuries.
- Journal entries: Consider chronicling your symptoms, their effects on your daily activities, and any work opportunities you missed. These records help show the accident’s impact on your life.
- Expert testimony: Testimony from accident reconstruction experts, doctors, and vocational experts can strengthen your case.
- Witness statements: Eyewitness accounts of the crash and aftermath from passengers, bystanders, and others can help persuade a jury in your favor.
Our skilled personal injury attorneys will know how to gather, analyze, and use the available evidence to maximize your insurance settlement or court award. We will also work to uncover other types of evidence that may apply to your case more specifically.
For example, if you were involved in a drunk driving car accident, the driver’s chemical blood alcohol test results could help prove the defendant’s intoxication levels and liability for the collision.
Proving Negligence in a Miami Car Accident
To receive compensation after a Miami car accident, you must prove the other driver acted negligently. This means they failed to act with reasonable care, resulting in the crash and your injuries. The key elements to establishing negligence in a car accident are:
- Duty of care: All drivers have a responsibility to drive safely and follow traffic laws. This is the “duty of care” they owe you and others on the road.
- Breach of duty: A driver breaches their duty of care by driving carelessly or recklessly. Examples include speeding, ignoring traffic signals, distracted driving, and driving under the influence.
- Causation: This means an at-fault driver’s negligent actions directly caused your injuries. For example, the defendant was texting and did not see the red light, causing the collision that harmed you.
- Damages: As a result of the crash, you suffered physical injuries, vehicle damage, lost wages from missed work, or other losses.
An experienced Miami car accident law firm can help investigate the crash and prove negligence occurred. We will fight for full compensation for your medical expenses, pain and suffering, and other losses. With strong evidence and compelling legal arguments, we can build a case that holds the negligent driver fully accountable.
Potentially Liable Parties in a Car Collision
You may assume the other driver to be the primary or sole party responsible for your injuries; however, others may share in the blame. When our Miami, FL, auto accident lawyers investigate your case, we may discover the following responsible parties:
- Government entities or municipalities that failed to address dangerous roads
- Third-party drivers who contributed to the accident
- Employers of negligent commercial drivers, such as trucking companies and rideshare companies
- Manufacturers of defective auto parts or vehicles
Our experienced car accident lawyers in Miami are dedicated to securing fair compensation for injury victims. We can handle settlement negotiations with insurance companies or file a third-party personal injury claim if you suffered severe injuries, such as head injuries or spinal injuries that result in permanent issues with bodily functions.
Filing Your Car Accident Lawsuit on Time
To protect your right to recover compensation, you must file your car accident lawsuit on time. Under Fla. Stat. §95.11, accident victims generally have a two-year filing window.
If you do not submit the necessary paperwork for your lawsuit within this statute of limitations, you could be out of options for pursuing compensation. However, it is critical to understand that exceptions to this time limit apply in certain situations.
The best way to identify the filing deadline for your particular case is to contact an experienced Miami car accident attorney as soon as possible after your accident, who will review your case to determine if any exceptions apply and ensure that all paperwork is filed on time.
Comparative Negligence in Florida Car Accident Cases
Florida uses a modified comparative negligence rule under Fla. Stat. §768.81. Under this contributory negligence rule, accident victims can only recover compensation if their level of responsibility is 50% or less.
The amount of money you can recover will be directly proportional to your fault level. Therefore, if you are 20% at fault and your case is worth $100,000, you could only recover $80,000 rather than the $100,000 at which your case is valued.
Our motor vehicle accident attorneys in Miami can counter an insurance company’s determination of fault if it tries to shift blame onto you. We can use evidence from our investigation to advocate for you against a negligent party.
You Can Afford to Hire Our Car Collision Lawyers in Miami
When you hire our team of lawyers, you will not have to worry about whether you can afford their services. Unlike many other types of attorneys, our personal injury team does not charge a retainer fee. Furthermore, we will not charge you a high hourly rate for the work we do on your case.
Instead, we get paid on a contingency basis. That means that we will only collect a fee if we can secure compensation on your behalf. We will not be paid for our services if we fail to get you money for your damages.
If we succeed, the fee we charge will be a set percentage of the money you recover. This fee will be paid directly from the settlement or court-ordered payout you recover, which means you will not have to pay any out-of-pocket expenses.
Miami Car Accident FAQs
At The Schiller Kessler Group, we believe in educating our clients about the legal process. This way, they can understand their options for seeking compensation and get an idea of what it may entail in their specific circumstances.
Take a look at some of the most frequently asked questions our car collision lawyers in Miami receive and how we advise our clients.
How Much Does an Attorney Charge for a Car Accident in Florida?
Most law firms charge between 33% and 40% of whatever you win as their contingency fee. We also cover the costs of pursuing your case, so you do not need to utilize your personal funds. If we lose, we are out these costs.
Should I Get a Lawyer After a Car Accident in Florida?
Yes, you should. It may be in your best interests to hire a car accident law firm to take on your case if someone else is at fault. Even minor accidents may result in significant damages that require the advice and support of a legal representative.
How Long Does It Take to Settle a Car Accident Case in Florida?
Most car accident claims take between several months and years to settle. It depends on the details of your case. If your case goes to trial, the insurance company pushes back, or several parties share the blame, it may take longer to resolve your case.
Call The Schiller Kessler Group for a Free Consultation and Connect With a Car Accident Lawyer in Miami
At The Schiller Kessler Group, our team will do everything possible to ensure you recover fair compensation from the at-fault party. We have helped countless car accident victims secure favorable outcomes for nearly three decades. Your Miami car accident attorney is ready to fight for maximum compensation.
Take advantage of a free consultation with one of our team members today. You can reach us by phone or through the contact form on this website. When you do, we can review your case, answer any questions you have about your situation, and advise you of your options moving forward.
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