If you or a loved one has been injured in a car accident in Miami-Dade County, you should consult a Miami car accident lawyer with experience and success handling auto accident claims in South Florida.
Dealing with insurance claims adjusters, the responsible parties, and their attorneys can sometimes feel like a nightmare. We work to get your vehicle repaired or replaced as quickly as possible, and we guarantee that you will not pay us anything unless we win your case.
Call for a FREE consultation with Prosper Shaked today.
Why Choose Our Miami Car Accident Lawyers?
When you get hurt in a car accident in Miami, you need a local lawyer you can trust to fight for you and your rights. At Prosper Shaked Accident Injury Attorneys, PA, we know you need money to help you put your life back together again. We also know that you deserve justice. Our attorneys can help you get both.
Attorney Prosper Shaked was born and raised here in Miami Beach, so he knows the community and the people, streets, intersections, courts, and insurers that will be a part of your case. This knowledge sets him apart from the rest and makes him an ideal choice after a serious car crash.
While every car accident case in Miami is unique and requires an investigation of the accident and injuries before determining its value, we have recovered millions of dollars in compensation for our car accident clients. We are ready to help you maximize your claim and get you back on the road after a catastrophic collision.
How to Choose the Best Car Accident Attorney in Miami
Choosing a lawyer in Miami is one of the most important decisions you will make after getting hurt in a car accident. It is essential to hire an attorney who has not only experience in this area but also the time and attention to detail necessary to get the best possible recovery in your case.
Before choosing the best car accident attorney in Miami to represent you, speak to multiple law firms. If an attorney tries to pressure you or make you uncomfortable, it is important to understand that you can simply leave and seek help from someone else.
Do not believe any guarantees from an attorney about the outcome of your case; the only thing an attorney can guarantee is the effort they will put into your case.
In trying to decide which car accident lawyer is right for you, it is important to assess the following questions:
- Will the attorney handle the vehicle repair and property damage claim at no cost?
- Does the attorney have any awards or accolades from any specific legal associations?
- Does the attorney have a transparent showing of authentic car accident client testimonials?
- Does the attorney have a good reputation in the local community and courts?
- Does the attorney have a track record for winning car accident cases like yours and helping people recover proper compensation?
- Does the attorney have the proper time and resources to put into your car accident case?
- Will the attorney work on your case, or will you speak with their assistant whenever you call?
At Prosper Shaked Accident Injury Attorneys PA, we lean on our successful experience in helping victims of car accidents recover from their injuries. We use this past success to help guide us toward future victories for people like you.
How Much Is My Car Accident Injury Case Worth?
The total amount of money you can recover in an auto accident injury case depends on many factors.
The amount of bodily injury and uninsured motorist insurance coverage available will control the maximum value of your case in most cases involving non-commercial vehicles. If your claim is worth $100,000.00, but the car that hit you only has $10,000.00 in bodily injury insurance coverage, your settlement may be limited to only $10,000.00. Alternatively, if your case is worth $100,000.00 and the vehicle that hit you has $250,000.00 in bodily injury coverage, you may obtain the total value of your case and then some.
Severity of Injuries
This is the most obvious factor in determining how much a case is worth—the more severe the injuries, the greater the case value.
- Medical Care. Serious injuries often require more intensive and frequent medical treatment than minor injuries. For example, a hospitalized car accident victim forced to undergo a three-cervical disc replacement surgery will likely incur over $150,000.00 in medical expenses. The defendant driver is responsible for paying these medical bills when it comes time to settle the case. Conversely, a car accident victim who suffers minor injuries and visits a chiropractor five times will not have many medical expenses. These medical expenses are economic damages that drive the value of car accident cases.
- Lost Wages. The total amount of time you were forced to take off of work directly impacts the value of your settlement because the lost wages are recoverable. This includes lost income, benefits, and sick days. Also, if you can no longer work or if you are unable to continue the same type of work due to your injuries, the defendant will be responsible for paying you the future wages you no longer have the ability to earn.
- Property Damage. Insurance carriers often pay much better settlements when there is significant property damage to the vehicles involved. In cases with minor property damage, the defendant and their insurance company will argue that your injuries could not have been caused by accident and were preexisting.
- Pain and Suffering. Pain and suffering are non-economic damages that are difficult to calculate without looking at the total picture. The value of your pain and suffering depends on the other factors listed above. The amount of pain and suffering a car accident victim can collect often depends directly on the severity of their injuries.
Comparative Fault in Florida
Your total settlement or judgment will depend on whether you contributed to causing the accident. Florida is a comparative fault state. Recently, however, the laws have changed. Florida law HB 837 implemented a modified comparative negligence system. All injury lawsuits filed after March 24, 2023, are subject to this new law.
What does this mean for drivers? Under this system, injured accident victims can only recover damages if their own share of responsibility is 50 percent or less. If your liability exceeds 50 percent, you cannot recover damages from the other driver.
Because the laws are evolving, you must speak to an experienced Miami car accident attorney at Prosper Shaked Accident Injury Lawyers, PA, to explore your legal options. Even if you believe you contributed to your accident, you may still be eligible to collect compensation.
What Should I Do if I Was Involved in an Accident in Miami?
While we cannot provide legal advice to individuals who are not our clients, here are some basic concepts you should keep in mind if you are involved in a Miami auto accident.
- Move the Vehicle Out of the Way. If possible, safely move your vehicle out of the roadway. If you are a passenger and can move freely, safely exit the vehicle and move away from any traffic. Safety should be your number one priority at this point.
- Call 911. Do not leave the scene of the accident. Leaving the scene of an accident can be a crime in the State of Florida. Call 911 to report the accident. Alert the authorities of any person needing an ambulance or fire rescue. Cooperate with law enforcement, but do not answer any questions that you feel may be self-incriminating.
- Get the Driver Exchange of Information. Obtain a copy of the driver’s exchange of information with the police officer at the crash scene. This document contains essential information needed to pursue your claim. Failure to obtain this information may delay your personal injury case.
- Get Medical Treatment. Seek medical attention if you are injured. The full effect of injuries is often not readily apparent. Many severe and long-term injuries do not surface until weeks or months after an accident. It is critical to seek immediate medical attention and legal representation.
- Photograph. Take photos and videos of the accident scene and the vehicles involved.
- No Recorded Statements. Do not provide a recorded statement to any person or insurance company. Regardless of what you say, these statements can and will be used against you. Insurance adjusters are trained to ask questions that set you up to admit fault, even when it is clear that the other driver caused the accident. If you retain a car accident attorney from our law firm, we will handle all communication for you.
Never Try To Negotiate a Car Accident Claim Without an Attorney
You do have the option of speaking with your insurance company first to settle your car accident claim. The downside with doing this is you will face an insurance company car accident attorney or claims adjuster whose job is to minimize payouts to people who their company insures.
You may be a “client” of an insurance company, but you are a client simply because you pay for their service, not because you have an actual relationship with the insurance company. If you look to negotiate your claim, you will also find that you are competing with a company with resources and experience that far outweigh whatever you can present.
Insurance companies know you don’t have experience handling car accident cases. They also know you’re injured and likely need money to help pay your bills. They use this to their advantage. Any settlement offers made to you by an insurance company are likely most beneficial to the insurance company, not you. How can you properly negotiate your claim if you don’t know what your case is worth?
The amount of money you are entitled to is a number that is calculated from the actual, recoverable expenses that you incur as the result of a car accident. To best understand what you can recover, call our law firm. We offer FREE initial consultations so you can explore your legal options. We can calculate exactly what you are owed, making the entire legal process easier for you.
Why Hire an Attorney if Florida is a No-Fault State?
Florida is a “no-fault” state because all vehicles are required to have Personal injury protection or PIP insurance coverage. The PIP coverage pays up to $10,000.00 in medical bills and lost wages regardless of who caused the accident. However, this does not mean that accident victims cannot or should not still pursue a personal injury case against the vehicle’s driver and/or owner that caused the accident.
What is Personal Injury Protection (PIP)?
Personal injury protection, or “PIP,” is first-party automotive insurance coverage for medical benefits and lost wages. PIP is required on all personal car insurance policies in Florida. If you were the passenger or driver of an insured vehicle registered in Florida, then PIP will likely apply in your case.
These medical payments are made directly to the medical providers, and the lost wages are paid directly to the accident victim so long as the claim is submitted correctly to the insurance carrier.
At Prosper Shaked Accident Injury Attorneys PA, we ensure that your PIP claim is handled correctly so that you receive the full extent of your benefits.
There are several reasons to hire an accident attorney and pursue a personal injury case, even if you are eligible to receive $10,000.00 in No-Fault or “PIP” benefits:
- PIP insurance pays just 80% of all medical bills until $10,000.00 has been paid out. This means that you will be left to pay the remaining 20% balance for any medical bills that PIP helped pay. For example, if PIP paid $10,000.00 in medical benefits, you will have a minimum of $2,000.00 in unpaid medical bills.
- PIP insurance often includes a $1,000.00 deductible.
- PIP insurance coverage does not provide compensation for non-economic damages like pain and suffering.
- PIP insurance coverage is limited to $10,000.00, which is insufficient to pay for medical bills, lost wages, and pain in suffering.
To fully recover, pursuing a claim against the at-fault parties is often necessary. Like most car accident lawyers in Miami, we work on a contingency fee basis. This means that our fee is a percentage of the final recovery. However, we do not take any portion of your PIP benefits. Our clients regularly receive their full $10,000.00 in PIP benefits before their accident case against the at-fault driver is resolved.
What are the Most Common Types of Car Accident Injuries in Miami?
Every motor vehicle accident is different, and, in large part, the driver’s speed and the location of the collision are determining factors in the types of resulting injuries. The harm caused could be as slight as a small bruise and as severe as quadriplegia or death.
At Prosper Shaked Accident Injury Lawyers, PA, our Miami car accident attorneys have helped injured accident victims just like you who suffered:
- Back and neck injuries
- Spinal cord injury
- Broken bones
- Cuts and lacerations
- Brain injuries
- Knee and leg injuries
- Chest and arm injuries
- Internal bleeding
Causes of Car Accidents in Miami
Driver errors often cause most car accidents in Miami and throughout South Florida. Here are some of the most common causes of car accidents:
- Alcohol, Illegal Substances, and Prescription Medications. Despite local and national campaigns, increased penalties, and awareness, driving under the influence is still a major cause of Miami road and highway accidents. Impaired drivers continue to present a risk to other motorists.
- Distracted Driving. Drivers are required to operate their vehicles in a safe, responsible manner. Accidents occur when a driver’s attention is diverted, and they are unaware of the surrounding traffic conditions. Some common examples of conduct that could constitute negligent or distracted driving include cellphone use, eating, or changing radio stations.
- Inclement Weather Conditions. It rains heavily and frequently here in South Florida. The constant rain and flooding pose risks to drivers that often cause accidents.
- Speeding, Reckless Maneuvers, and Tailgating. Miami is home to some of the worst drivers in the country. Reckless and careless drivers are abundant.
- Traffic Violations and Ignoring Street Signs. Accidents often occur because a driver either misses or ignores a traffic sign or red light. Other times, a driver may willfully ignore a stop or yield sign.
- Roadway Design Defects. Sometimes, car accidents result from road conditions or poorly designed highways, roadways, or signage. Insufficient mergers, poorly maintained or constructed roads, or restricted visibility could all contribute to an accident. Some common conditions that could contribute to an accident include debris or hazards on the road, such as potholes or tree branches, improperly designed speed bumps, curbs, or barriers, unreasonably steep roads, and restricted visibility of street signs or traffic lights.
This list is not exhaustive, and there are certainly many more factors that can cause a collision. Consulting an experienced Miami personal injury attorney at our law firm can help you assess the damages owed for injuries sustained during a crash.
How Long Do I Have to Sue For a Car Crash in Miami?
In Florida, you only have two years from the accident date to file a claim against the at-fault driver and/or vehicle owner. If your loved one died due to the accident, you only have two years from the date of death to file a wrongful death claim.
If an uninsured motorist policy covers you, you will have up to 5 years to file a claim against the uninsured motorist insurance carrier.
Talking to an attorney before accepting any payments from the insurance company is vital. If you accept a settlement from the insurance company or the at-fault driver, you may miss the opportunity to claim full damages. Our attorneys will help you file a lawsuit and maximize your compensation.
Can I Pursue a Case if My Family Member Was Killed in a Car Crash?
If a family member was involved in a fatal car crash in Miami, you might be able to hold the driver financially responsible for the accident through a wrongful death claim. Under Florida’s wrongful death law, specific immediate family members can file suit and seek financial compensation for losing their loved one if it can be proven that the death resulted from another’s negligence or misconduct.
If you can prove a defendant’s liability for the death of your loved one, then you are entitled to receive both economic and non-economic damages. You are entitled to recover specific expenses from the accident, including any medical, funeral, and burial expenses.
To best understand your options after a fatal accident involving a loved one, it is important to speak to an experienced attorney at our Miami law firm immediately.
What If The Other Driver Didn’t Have Insurance?
Many drivers in the Miami area do not have enough car insurance. They either cannot afford car insurance, do not have bodily injury coverage, or have bargain insurance policies through discount auto insurance companies. In fact, Florida does not require drivers or vehicle owners to purchase bodily injury insurance coverage. For this reason, many Miami drivers are either underinsured or completely uninsured.
What can you do if the driver who caused your accident is underinsured or uninsured? In Miami, vehicle owners can purchase uninsured/underinsured motorist coverage to pay for injury-related damages sustained in an accident caused by an uninsured or underinsured driver. If you purchase uninsured motorist coverage in Florida, you receive uninsured and underinsured motorist coverage.
Uninsured motorist coverage applies when the at-fault driver or vehicle does not have bodily injury insurance. Underinsured motorist coverage applies when the at-fault driver or vehicle has bodily injury coverage, but the amount of their coverage is not enough to fully compensate you.
We regularly take on clients who retained and were subsequently rejected by other law firms who informed them that no insurance is available. When you call to discuss your case with us, our car accident attorneys will thoroughly analyze all available insurance policies to ensure we can successfully pursue a personal injury case on your behalf. We find that many of our clients have no idea that they have uninsured motorist coverage. It is our job to make sure that all avenues are exhausted.
Contact Miami Car Accident Attorney Prosper Shaked for a Free Consultation
If you or a loved one has been injured in a car accident, do not wait any longer to retain an attorney to help you prove your case. Prosper Shaked can give you an honest assessment of your case in a free initial consultation, develop a plan of action for recovery, and assist you from the beginning of litigation until your case is resolved. While we are based out of Miami, Florida, we represent clients involved in car accidents throughout Florida. For a free and confidential consultation, call (305) 694-2676 or schedule a consultation using our online contact form. At Prosper Shaked Accident Injury Attorneys PA, we will do our best to use every resource available to help you get back on your feet and obtain the compensation you deserve.