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Jan
2023

Should I Get a Lawyer for a Car Accident?

on  Car Accidents

After a car accident, hiring a lawyer might be the last thing on your mind. Insurance companies certainly hope that you do not hire a lawyer. In fact, they prefer it because it means they’ll likely be able to settle your case for significantly less. 

Don’t let insurance companies pay you less than you deserve after a car accident. With the help of an experienced injury attorney, you can often collect significantly more compensation to pay your medical expenses, lost wages, car damages, and more. 

Without a Miami car accident lawyer fighting for you, insurance companies will try to get you to settle quickly and for far less than you may need. If you don’t hire a lawyer after your car accident, you could be left paying for future medical treatments and surgeries on your own. 

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

Yes! You should get a lawyer for a car accident that wasn’t your fault. When a car accident is not your fault, you have legal rights. 

Florida is a no-fault auto insurance state. This means that after a car accident, you must turn to your insurance policy to cover your initial losses and damages. Your Personal Injury Protection Policy (PIP) will cover medical expenses and damages after a crash, making it simpler to recover compensation. However, if your injuries are severe or you exhaust your PIP policy, you must file a claim against the other driver to collect the money you need. 

When do you need a lawyer after a car accident in Florida? If any of the following sounds like your situation, then it is essential that you contact an experienced Miami car accident lawyer immediately. 

  • Serious injuries or death occurred.
  • You are unable to work after the accident. 
  • The insurance company offered you a low settlement or has refused to settle your claim. 
  • Multiple parties are involved in the car crash.
  • The driver did not have insurance or had too little insurance.

These are just some situations where having an experienced Miami car accident attorney is essential. Since most personal injury law firms offer FREE initial consultations and reviews, you have nothing to lose by exploring your legal options. 

Why Do You Need a Lawyer After an Auto Accident?

Determining Fault 

When assessing an auto accident claim in Miami, insurance companies will use the terms “fault” and “liability” in their evaluation process. Fault means who caused the crash, and liability is who bears responsibility for paying for your injuries and damages. Sometimes the entity at fault is not the one liable. 

For example, if someone hits you while driving a company car, the business might bear liability for the accident. 

Determining fault and liability is complex, and an experienced injury attorney is often needed to untangle all legal issues after a crash. 

Insurance Companies Will Not Have Your Best Interests in Mind 

Unfortunately, insurance companies are businesses whose primary focus is protecting their bottom line, not giving you what is fair and just. They will often pressure injured accident victims into signing a quick settlement far below what they truly deserve. They may claim that this is their final offer or that they’re being more than generous. However, this is often untrue. 

For these reasons, it is beneficial to have an experienced Miami car accident attorney on your side who knows how to maximize your settlement amount and get you what you deserve. 

You May Need Help Navigating Complex Laws 

The laws governing auto accidents in Florida are complicated, especially when multiple cars or drivers are involved or there are questions about who was legally at fault for the crash. With so many rules and regulations, navigating legal issues alone can be overwhelming. This is especially true while dealing with all the other stressors associated with recovering from an accident. A qualified Miami auto accident attorney will know how best to handle all legal matters related to your case, giving you peace of mind that everything is being taken care of properly.

Most attorneys work on contingency fees, so they won’t ask for payment until after they have successfully achieved a settlement on your behalf—making them even more valuable resources during this time of need!

Your Lawyer Can Prove Negligence

A car accident lawyer is invaluable when establishing negligence after a collision. Negligence is failing to take reasonable care to avoid causing injury or harm to someone else. In the case of a car accident, proving negligence means showing that another driver was careless or at fault for causing the crash. 

To do this, your Miami car accident attorney must establish four elements of negligence: duty, breach of duty, causation, and damages. 

  1. Duty: The first element of negligence requires establishing that one driver owed a duty to another driver. Fortunately, Florida law requires that all drivers use reasonable care when operating their vehicles. This is the duty we all owe when sharing the road.
  1. Breach of Duty: Your car accident lawyer must show that the negligent party breached this duty of care. If this duty is breached, it can be argued that the driver acted negligently. Breaches of duty include speeding, running red lights/stop signs, texting while driving, etc. 
  1. Causation: Your Miami auto accident lawyer must also show that this breach caused the car crash. For example, the accident would not have occurred if the driver had not been speeding before the crash. This element helps connect breach of duty with damages incurred due to an accident; without it, you cannot prove negligence beyond any doubt.
  1. Damages: Finally, claiming damages resulting from an accident is necessary in order to prove negligence. These damages can include medical bills from treating injuries sustained from your accident (both long-term and short-term) and damage done directly to your vehicle. 

Helping You Collect Compensation After a Car Crash

Hiring a Miami car accident attorney is invaluable when seeking compensation after a collision. After a car accident, your lawyer can help you receive both economic and non-economic damages as compensation. 

Economic damages are easy to quantify and prove with physical receipts or bills. These often include medical costs, property damage, lost wages, or any tangible costs associated with the accident. 

Non-economic damages are more difficult to quantify because they are more subjective in nature. Examples of non-economic damages include pain and suffering, emotional distress, loss of companionship, physical impairment, and other mental anguish that can come from being in an accident. 

Your attorney will calculate these costs for you and negotiate with insurance companies to ensure you receive the money you need to rebuild your life after a serious accident. 

Should I Get a Lawyer for a Minor Car Accident?

Many Miami accident victims want to know if they need a lawyer for a minor car accident. The answer is yes. Even minor car accidents can result in significant injuries and long-term disability. 

Back injuries may seem minor at first but can result in a lifetime of pain and suffering. You need to make sure any money you receive covers all your medical care, both now – and in the future. 

But why would I need a lawyer if I have PIP? While you will first file a claim with your insurance company after a crash to collect money through your PIP, damages can easily exhaust most basic policies. In addition, some insurance companies refuse to pay valid claims – even for their own policyholders. 

It is always best to have an experienced Miami car accident lawyer review your case and help you explore your legal options. 

When you meet with a lawyer, you can get the necessary answers and review any insurance company settlements. Your attorney will understand how best to maximize any settlement amount and ensure you get what you deserve, even after a minor car accident. Having a lawyer in your corner also removes much of the worry associated with filing claims and seeking medical attention after being involved in an auto accident. 

Whether your accident was minor or catastrophic, it is vital to explore your legal options with an experienced Miami car accident lawyer immediately following your crash. In Florida, injured accident victims have a limited time to file a claim seeking compensation. This statute of limitations in Florida is just four years from the date of the accident. While exceptions exist, you must speak to a lawyer quickly after an accident. Your attorney can ensure you do not miss critical deadlines for filing an accident claim or personal injury lawsuit.  

Contact Our Miami Car Accident Lawyers Today

If you or someone you love suffered an injury in a car accident in Miami, we want to be the first – and only – call you make. Miami car accident lawyer Prosper Shaked can help you obtain the money you need after a serious collision. For a free consultation on your case and help understanding your options, call Prosper Shaked today at (305) 694-2676 or fill out our confidential contact form.