There are roughly 50,000 car accidents in Miami-Dade County that occur each year, injuring people and damaging property. When the accident is very minor, many people file reports with the police or DMV, tell their insurance company, and pay the losses out of their own pocket. But many times the accident is not minor, and can cost you significant amounts of money, time, inconvenience, and pain.
If you have been injured because of a car accident in Miami-Dade County, you'll likely require medical attention and may need rehabilitation, both of which can be expensive. A car accident in Miami-Dade County may cause you to lose income or have to use sick leave because of injury, treatment, and recovery. The damage to your vehicle will have to be repaired and you will need to rent a car while you wait for your car to be fixed. Plus the daily life that you were enjoying may be reduced or eliminated because of your injuries. That is why it is so important that you hire a Miami Dade County Accident Injury Attorney to make you whole again. I am here to help you and I want to get you compensated as the law allows so that at the end of the process you are essentially back to where you were prior to the accident occurring.
The accident may involve a truck, motorcycle, bicycle, or any means of transportation. This is not limited to just cars.
Types of Compensation
In addition to normal compensatory damages, in extreme cases punitive damages may be available, if the injury was the result of the other driver's reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous -- a defect-that the manufacturer should have corrected.
Damages are generally defined as the amount of money that is provided to compensate someone who has been harmed by another’s wrongdoing or negligence. In the context of auto accidents in a no-fault insurance state like Florida, there is no fault component to damages. Each driver generally seeks compensation from his or her own insurer in the event of a car accident, unless there are serious personal injuries involved.
There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category. Following is a break-down of the types of harm covered under economic and non-economic damages:
In auto accident cases, economic damages may include:
- Medical expenses – past and future
- Past lost income
- Future lost income, reduced to present value
- Lost support and services
- Loss of appraised fair market value of real property
- Cost of construction repairs, including labor, overhead and profit
- Replacement value of lost personal property
- Any other economic loss that would not have occurred but for the injury
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Inconvenience
Florida operates under a no-fault system. If you are registered to drive in Florida, you are required to purchase insurance that will cover your own injuries if you are involved in a car accident. This is what is called Personal Injury Protection or PIP. Your insurer covers your personal injury damages, up to your policy limits, and the other driver’s insurer covers their personal injury damages up to their policy limits, regardless of which driver was at fault.
So if you are involved in an accident and sustain both property damage and personal injuries, your standard Florida no-fault policy will cover most of your medical expenses (again, up to your policy limit), some of your lost wages, possibly prescriptions and travel expenses, and possibly household help if recommended by your doctor. Check your policy. If you have a deductible, you must pay your full deductible before your coverage kicks in. If the other driver was at fault, their insurance will cover the property damage.
In exchange for this guaranteed payment of claims, Florida drivers give up their right to sue for all but the most serious personal injuries sustained in a car accident. If your accident results in death or some form of permanent injury, such as scarring or permanent physical impairment (paralysis, severed ligaments, etc.), Florida’s no-fault law would allow you or your personal representative to sue the at-fault party to recover damages above and beyond your PIP coverage. These damages could include pain and suffering (past and future), lost wages, lost wage-earning capacity, future medical expenses, and loss of consortium (if you were married at the time of the accident). In such a lawsuit, the jury would determine, using their best judgment, how much to award in damages.
Statute of Limitations
In Florida, you have four (4) years to bring a claim for injuries related to motor vehicle related negligence.
If you or a loved one has been injured in a car accident because of the negligence of the other driver, please call me today for your free consultation from a Miami Accident Attorney. I do not charge a fee or costs unless I recover money for you.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.