When you go through a car accident in Miami, you may wonder who will be responsible for your accident and how much compensation you can expect from your claim. As you will discover in this article, the average settlement for your car accident can vary depending on the circumstances of your case. Furthermore, you will learn more about Florida law regarding car crashes and compensation. Our Miami personal injury attorney Prosper Shaked from Prosper Shaked Accident Injury Attorneys PA, invite you to keep reading as we expand more on this critical subject matter.
How Much Compensation Can I Expect from My Car Accident Claim in Miami?
The first thing you need to be aware of is that every car accident in Miami is different. As such, you need to understand that your compensation can be different from any other claim in Miami. However, there are common elements to most car crashes in Miami. For instance, in your case, the jury will look at factors such as the extent of your injuries, any medical treatment you received, any lost wages while recovering from your wounds, and your pain and suffering.
After considering all of these elements, the court will decide the value of your case. Generally, the higher your losses, the higher your compensation. You must understand that you have a more significant responsibility than the defendant. As a plaintiff, you request the assistance of the court. The court will expect you to support your claim by showing the defendant’s negligence.
In addition to what we discussed above, you need to be aware of the laws governing car accidents and compensation in Miami. Florida is a no-fault state, which means that the parties involved in a car accident have to go to their auto insurance companies to cover their losses, regardless of who was at fault. Thus, the state requires all drivers to at least carry what is known as a Personal Protective Insurance or “PIP.”
Generally, PIP can provide up to $10,000 in total coverage for an accident. However, in severe car accidents, this amount of money might not be enough to cover all of your expenses. You might be able to get higher compensation in your case through a personal injury claim in Miami. However, you are required to meet a specific set of criteria, which we discuss below.
Can I File a Personal Injury Claim in Miami if My Average Car Accident Settlement is Low?
Since Florida is a no-fault state, people who use their PIP to cover their expenses may face challenges trying to get additional compensation. However, you can file a personal injury case in exceptional circumstances. In Florida, you may be allowed to file a personal injury claim outside the state’s PIP benefits if your injury is deemed severe. Your injury is severe if it leads to permanent scarring or disfigurement, loss of bodily function, or is expected to cause death.
As a plaintiff, you are required to show the defendant’s negligence. This means you will need to prove your case through the preponderance of the evidence. Once you file your claim, you will need to show the existence of four elements. These elements are known as a legal duty, breach of duty, causation, and harm.
During the first stage of your claim, you will be required to show the existence of a legal duty. The legal duty is nothing more than the legal obligation the defendant – and other individuals in society – has to act as a prudent, reasonable person. For instance, you can provide evidence showing the defendant owed you a duty to drive safely. The next element in your personal injury lawsuit requires you to show the defendant failed to meet their legal duty. In other words, you can show the court the defendant engaged in negligent behavior such as speeding, drunk driving, or distracted driving.
Third, you will need to show causation. Causation requires the plaintiff to establish a causal relation between the events, the defendant’s actions or omissions, and subsequent harm. Finally, the court expects you to demonstrate that you suffered losses due to the defendant’s negligence. You may provide evidence showing you engaged in significant medical expenses, lost wages, and went through pain and suffering. If you are successful in your claim, the court will grant your compensation.
What Injuries May Qualify for a Personal Injury Claim After a Car Accident in Miami?
As we mentioned, only injuries that meet a specific threshold may qualify for a personal injury claim outside of the no-fault rules in Miami. However, you may wonder which injuries are more likely to allow a car accident victim to file a personal injury lawsuit. Some of the injuries that might give you the chance of filing a personal injury claim in Miami include
Traumatic brain injuries
Traumatic brain injuries (TBI) are some of the most severe injuries you can sustain during a car crash. This type of injury occurs as a result of a heavy blow to the head. A person suffering a severe head injury may require continuing medical assistance, therapy, and costly surgery. Depending on the extent of the injury, you might experience severe symptoms such as loss of memory, behavioral changes, and confusion, among other symptoms that may put your life at risk.
Spinal cord injuries
Spinal cord injuries can be extremely damaging. Depending on the extent of this injury, you may suffer from debilitating conditions such as paraplegia, tetraplegia, and quadriplegia. The forces and momentum carried over to the human body during a crash, can exert excess pressure in the back area. Depending on the injury site, a person can lose bodily function from the affected area down. For instance, if your spinal cord injury happened in the mid-region of your back, you may be paralyzed from that area down. Often, this injury may require multiple surgeries and continuing medical assistance.
Broken bone injuries
Broken bone injuries are not only painful, but they can also be dangerous. Many broken bone injuries can be fixed with simple therapy and medical care. However, in severe broken bone injury cases, an injured victim may need emergency surgery. There have been cases where broken bones have caused internal lacerations and bleeding, which can put your life at risk. It is always in your best interest to get the assistance of an experienced Miami car accident attorney in Miami.
Miami Car Accident Lawyer Offering Free Consultations
We can help if you or a loved one was hurt in a car accident caused by a negligent party. At Prosper Shaked Accident Injury Attorneys PA, we are aware of the challenges you may face after a crash. We fight aggressively and strategically to get the compensation you deserve for your losses. To schedule your free, confidential consultation, call our law offices today at (305) 694-2676.