Car Accident Compensation in Miami

Car accident compensation you could receive after an accident in Miami can include medical bills, wage losses, car repair, and other damages. However, insurance companies often seek to minimize, delay, or even deny rightful compensation. Therefore, getting what you need and deserve when someone else causes your crash can be challenging and complicated. 

However, you do not have to stand for this, and assistance is available. Morgan & Morgan has been helping victims of car accidents receive their due for over 35 years. Our experienced and dedicated car accident lawyers could help you navigate the complex and confusing legal process and fight for a fair settlement. Contact Morgan & Morgan now for a free evaluation of your car accident claim. 

What Is Car Accident Compensation?

Miami and Miami-Dade County are Florida’s hotspots for car accidents and injuries. Figures from Florida Highway Safety and Motor Vehicles (FLHSMV) show over 51,000 crashes in Miami-Dade County with more than 24,000 injuries and 314 fatalities in the year 2020 alone. Car accidents can be expensive for victims who may have high medical bills, car repair expenses, and other costs. If you got hurt in an accident that happened due to no fault of your own, you could be entitled to car accident compensation.

Another Party Caused Your Accident

Victims could receive compensation if someone else is responsible for their accident. According to the National Highway Safety Administration (NHTSA), the at-fault party is another driver in most accidents. A driver could be liable for your damages if they made an error or drove carelessly. Some negligent or reckless driving behaviors can include:

• Drunk driving
• Texting while driving and other distractions
• Speeding
• Following too closely
• Failing to yield
• Driving fatigued
• Ignoring traffic signs and signals
• Driving generally dangerously

However, other drivers are not always responsible for accidents. If a poorly maintained or badly constructed road contributed to a crash, a local government entity could be liable for your damages. Occasionally, a collision occurs due to a vehicle manufacturing defect, such as:

• Defective airbags or seat belts
• Faulty brakes
• Defective tires

When a manufacturer or part manufacturer is responsible, you could file a claim against them and receive compensation. 

Car accident cases can have various liable parties and several avenues for pursuing compensation. Our car accident attorneys can help you identify all defendants in your accident case.

Compensation You Could Receive 

After a car accident, what you could receive will depend on your injuries and actual damages, such as medical expenses, wage losses, and others. In general, you could qualify for the following compensation awards and others:

• Medical expenses now and in the future
• Wage losses and future expected income loss
• Replacement or repair costs for your vehicle
• Reimbursement for items lost or destroyed in the accident
• Pain and anguish

Depending on the circumstances of your accident and injuries, you could receive other and additional damages.

How to Determine the Worth of an Accident Claim

The value of your car accident claim will depend on the extent of your injuries and the expenses you incurred due to the crash. If you were involved in a fender bender and have only minor injuries, for example, you will typically receive a smaller settlement than someone who suffered life-changing injuries. Monetary damages that determine the worth of your case include, among others:

• Car damage
• Medical bills 
• Wage losses
• Out-of-pocket expenses

However, if you suffered significant injuries, you could also be entitled to so-called “non-economic” damages such as:

• Pain and suffering
• Emotional distress
• Inconvenience
• Reduced life quality
• Disfigurement and scarring
• Loss of a limb 
• Permanent disability

Calculating your economic damages can be straightforward. You could simply add up all your bills, receipts, and lost wages. However, calculating non-economic damages can be tricky and usually requires the help of an experienced attorney. 

Calculating Non-Economic Damages

Non-economic damages refer to intangible losses, such as your pain and suffering or inconvenience due to the accident injuries. Putting a price on your suffering can be tricky. However, there can be various ways to calculate non-economic damages.

The Multiplier Method

Most insurance companies use the multiplier method to determine what you can receive for non-economic damages, such as loss of life quality and pain and suffering. This method involves adding up all your monetary damages such as income loss, medical bills, and out-of-pocket expenses. The sum is then multiplied by a figure between 1.5 and 5. The more severe your injuries, the higher the multiplying number will be.

For example, if you only suffered minor injuries, the multiplier will likely be 1.5 or 2. However, if you suffered catastrophic or life-changing injuries in an accident, the highest multiplier figures, such as 4 or 5, may be used to determine your compensation amount. 

The Per Diem Method

Some insurance companies use the “per diem” method instead of the multiplier method for determining your non-economic damages. This method involves calculating a daily amount, for example, the wages a victim would normally receive. This amount will then be multiplied by the number of days the victim is affected by the car accident injuries. 

You Could File a Car Accident Lawsuit

If you struggle to receive the settlement you need to pay your bills and move forward with your life, you could file a personal injury lawsuit. One of our car accident attorneys can assess your case and, if necessary, file legal action against the responsible party or insurance company on your behalf. 

It is important to note that there are time limits for filing car accident lawsuits. According to Florida’s Statute of Limitations § 95.11, you have four years to file a suit in the state. The time starts running down on the day of your injury. However, some factors could shorten the time available for filing a suit. Therefore, to give yourself the best chance at recovering an adequate settlement, consider contacting our car accident attorneys as soon as possible after a collision.