Coral Gables Car Accident Lawyer
A car accident can change your life dramatically in the blink of an eye. Accidents often cause severe injuries such as traumatic brain injuries (TBI) or broken bones. Such injuries may have life-long effects and cost thousands of dollars to treat.
Florida roadways are among the most dangerous in the United States. Data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that over 250,000 people sustained injuries from car crashes in 2021. The 401,333 accidents reported in the same year caused over 3,700 fatalities.
If you sustained severe injuries from a car accident in Coral Gables, you may be able to file a claim for compensation with the help of a Coral Gables car accident lawyer. Having an attorney on your team will ensure you recover maximum compensation for damages.
Our seasoned attorneys at Frankl Kominsky Injury Lawyers can help you get the compensation you deserve. Call us at (561) 800-8000 or contact us through our website to schedule a free consultation.Should I Hire a Coral Gables Car Accident Lawyer?
Discussing your options with a car accident lawyer is the best action after a Coral Gables car accident. Our law firm offers a free consultation to evaluate motor vehicle accident cases, so don't hesitate to get in touch. Since insurance companies aren't on your side, having an attorney on your side ensures that you aren't taken advantage of after a severe accident in Coral Gables.
Insurance firms will want to pay as little as possible for compensation. Their primary goal is reducing expenses and maximizing company profits.
Get the money you need to put your life back together with the help of a Coral Gables automobile accident attorney. It is in your best interest to call our law office and speak with us even if you do not require legal representation.
Call (561) 800-8000 to speak with a Coral Gables automobile accident attorney.Choosing the Right Car Accident Attorney
It is essential to find a lawyer who has handled cases similar to yours. The best candidate for the job should have a track record of success in handling motor vehicle accident cases. Reviewing a law firm's client testimonials might give you insight into the quality of service you can anticipate from them.Common Causes for Coral Gables Traffic Accidents
You need evidence of what happened and who or what caused the accident if you want to file a claim for damages based on who was to blame. The acts of other motorists are usually to blame for motor vehicle accidents. The most frequent reasons for crashes in Coral Gables range from:
- Intoxicated driving
- Drowsy driving
- Distracted driving
- Aggressive driving
When our law firm takes on a case involving a car accident in Coral Gables, we investigate the incident to determine what caused it and collect evidence to prove that the other driver was negligent. Most of the accident claims we process are due to this. Potential pieces of evidence include:
- The official police report
- Witness statement
- Expert witnesses
- Video or images
- Scene examination
- Expert testimonies
- Proof of losses and damages incurred
Unsafe road conditions, such as those brought on by bad weather and faulty safety equipment or vehicle parts, can also cause car accidents in Coral Gables. We have the expertise to construct such cases and pursue justice against the responsible people. If necessary, we'll pursue claims with the local or state government, a government agency, or a significant company.Guide to Recovering Compensation after a Coral Gables Car Crash
Anyone in a car accident in Florida may file a claim under the state's "no-fault" system. They will be able to recoup costs associated with their medical care and some of the money they lost in wages caused by the accident.
For those seeking compensation for medical bills and lost wages after a car crash that was not their fault, Florida negligence laws lay out the parameters for filing a negligence-based claim for damages. There is usually a four-year statute of limitations from the time of an accident in Coral Gables. Wrongful death claims, however, have a much shorter statute of limitations of only two years from the date of the accident.
Since it is in the client's best interests to start the legal process as soon as possible, most Coral Gables accident attorneys take this approach. This gives you more time to try to settle out of court with the insurance companies. Most personal injury lawsuits settle out of court, and even the few who make it to trial frequently reach a pre-trial settlement.
Below are the elements involved in a successful car accident case in Florida:Establishing Liability and Fault
Most car accidents in Coral Gables are evaluated according to the negligence standard, which calls for proof of duty, breach, causation, and damages. Plaintiffs and their attorneys must prove negligence to establish fault and liability.
These elements are essential in establishing the other driver's legal responsibility. After establishing fault and liability, the evidence can be used in a legal action against the other driver or an auto insurance claim.Personal Injury Protection (PIP) Insurance in Coral Gables, Florida, Car Accident Cases
Florida is a no-fault jurisdiction, meaning every driver is responsible for paying their damages in case of an accident on the state's roadways. Therefore, the state mandates that all drivers with a registered vehicle have PIP insurance.
Drivers must submit claims to their respective insurance companies after an automobile collision. According to local no-fault laws, PIP coverage pays for 80% of accident-related medical expenses and 60% of lost wages due to injury and hospitalization.
When people are seriously hurt in accidents, the costs associated with treatment and time away from work are likely to exceed the insurance payout. PIP insurance also does not pay for drivers' emotional distress or other forms of non-economic loss. Florida law allows you to sue the negligent driver for additional damages after exhausting your PIP covered benefits.
Your lawyer can guide you through claiming your auto insurance policy following an accident and advise you on whether or not you should pursue legal action. Coverage under PIP is limited to the maximum allowed by the policy and by state no-fault insurance regulations.
The minimum amount of PIP coverage an individual must have in Florida is $10,000. While this might be enough to pay for some of the immediate costs associated with a car accident, such as a doctor's visit or diagnostic tests, it likely won't be enough to cover the long-term costs of treatment, rehabilitation, lost income, and other damages that victims face.Third-Party Claims Eligibility
You may be able to file a bodily injury liability claim with the insurance company of the at-fault driver if you are injured in an automobile accident that was not your fault. You can seek compensation for all the losses and costs you suffered because of the car crash, including medical bills, lost wages, emotional distress, and property damage.
This third-party liability claim entails a heavier burden, or threshold, that must be reached to qualify, as it encompasses all damages. Some of the factors to file a third-party claim include:
- Severe impairment affecting the whole body
- Permanent injuries such as disability
- Significant disfigurement or scarring
- Any costs incurred because of the accident that exceed the PIP coverage maximum
Suppose another motorist was to blame for your automobile accident. In that case, you should speak with a car accident lawyer in Coral Gables to be entitled to compensation for your injuries and total damages, not just a percentage.Damages You Can Recover After a Coral Gables Car Accident
You may be able to recover more damages through a fault-based or negligence claim than your insurance company and PIP will offer. Hiring a skilled Coral Gables car accident lawyer from our firm can increase your chances of recovering the following compensation from the driver who caused your accident:
- Medical expenses: Any additional costs for medical care, such as an ambulance ride, an ER visit, a hospital stay, x-rays, surgery, or medication, that were not covered by your PIP policy.
Long-term care expenses in the event of an injury necessitating hospitalization, many operations, or permanent impairment.
- Rehabilitation expenses: Expenses incurred for physical rehabilitation and mobility aids like crutches, prosthetic limbs, wheelchairs, walkers, etc.
- Lost wages: Spending money that your PIP policy doesn't cover
Financial losses that will occur in the future because of an injury-related absence from work or a permanent handicap that precludes the victim from returning to their previous line of work
- Other economic expenses: Modifications to the house for a wheelchair, such as ramps and railings, domestic help, gas money for getting to and from the doctor, and more are all additional charges.
- Non-economic damages: Pain and suffering, loss of consortium, scarring, deformity, and other non-monetary damages that may apply to your situation.
- Punitive damages: In extreme circumstances, such as those involving willful harm or egregious negligence, punitive damages may be awarded.
You may want to speak with one of our sympathetic lawyers about filing a wrongful death action if your loved one was killed in an automobile accident. Damages, burial and funeral fees, and other non-monetary losses incurred due to a loved one's death may be reimbursed to the surviving family members.
If you hire one of our attorneys to represent you, we will calculate how much your insurance claim is worth based on the expenses and damages you incurred due to the accident. To prove the full extent of your current, future, and intangible damages, we will consult with experts, draw on our own knowledge and experience, and compile supporting evidence.Comparative Negligence in Coral Gables Automobile Accident Cases
Florida courts employ a comparative negligence rule in personal injury lawsuits, particularly those involving automobile accidents. A plaintiff's potential role in causing an accident and resulting damages are evaluated under the theory of comparative negligence, often known as comparative fault. If the court decides that the defendant was negligent, it will divide responsibility across the parties involved in the case.
Damages awarded to the plaintiff are reduced by the jury's determination of who is to blame in the incident. If the victim was somewhat at fault for the accident, they could still be awarded compensation under the doctrine of comparative negligence.
For example, in a case where a drunk motorist veers into oncoming traffic and collides with your vehicle head-on. Suppose the court agrees that the intoxicated driver was negligent, but notes that you were going faster than the limit. The defense may suggest that if you hadn't been speeding, you would have had more time to respond to the intoxicated driver and possibly avoid the collision. The defense may also argue that the extra velocity contributed to your injury's severity.
If the court rules that you are 20% at-fault for the accident, the damages awarded to you may be reduced to reflect this. The defense's motivation to use comparative negligence to reduce or eliminate their legal responsibility for the victim's damages is obvious.
Things can quickly get complicated when many vehicles are involved in an accident or legal dispute. During the defense phase, all parties involved will try to blame the incident on the other parties. Hiring an attorney to help you win a personal injury case is typically a good idea, but it's crucial if there are several defendants and or victims.Role of a Coral Gables Automobile Accident Attorney in Your Case
Many of our clients feel overwhelmed by the complicated accident claims procedure and the effects of a vehicle accident since they have been in a Coral Gables car accident. They put off filing a claim for the compensation they deserve since they have yet to decide who to contact about it.
However, there are time limits in which a victim must file a lawsuit or risk having their claim dismissed. Our Coral Gables auto accident lawyers at Frankl Kominsky Injury Lawyers are here to help.
We have personal injury lawyers who can review your case and advise you on whether or not you have a case. Many automobile accidents are caused by driver negligence or a faulty component in the vehicle. However, determining fault and establishing legal standing for a claim are only sometimes simple tasks.
We can also help you negotiate with insurance companies. If your injuries are severe, you may need compensation for lost wages and property damage in addition to medical expenditures that exceed what your PIP insurance covers. Other forms of damages may be available to you depending on the specifics of your case.
Because many clients feel uneasy corresponding with insurance agents and corporations, we'll take care of all the details of filing an accident claim on your behalf. We are prepared to represent you in court if negotiations for a satisfactory resolution fail. It can be difficult for someone unfamiliar with the legal system to file a lawsuit and even more challenging to learn the court's rules.
From the time of initial contact with Frankl Kominsky Injury Lawyers to the conclusion of the case at trial, our attorneys will be there every step of the way. Of course, many cases get settled before they go to trial. If it comes to it, our seasoned trial lawyers are ready to go to court to fight for the money you're owed.
Your top priority should be receiving medical care from a trusted medical professional while your Coral Gables vehicle accident attorney handles the legal aspects of the case.How Long Does a Coral Gables Accident Claim Take to Settle?
There is no such thing as a typical Coral Gables vehicle accident claim. Given the complexity of each case and the wide range of circumstances that might influence the timeframe and total amount of a settlement, it is impossible to provide accurate estimates.
Considerations may include the complexity of the case, the extent of the injuries and the amount of time needed to treat them, the worth of the claim based on the losses suffered by the injured party, and the quality of the evidence given.
Hiring a personal injury attorney in Coral Gables and working with them is your best bet for ensuring that you receive compensation commensurate with the severity of your injuries and other losses experienced in an accident. While you focus on recovering from your injuries, attending rehabilitation, and returning to your regular activities, one of our attorneys may be able to guide you through the process with the goal of recovering compensation on your behalf.Get Legal Representation Today
Our car accident attorneys at Frankl Kominsky Injury Lawyers have extensive experience helping Floridians get maximum compensation for damages. We will be there for you if you need help figuring out what to do after a car accident.
Call us at: (561) 800-8000 to schedule a free consultation, or reach us through the online contact form.