Car Accident Attorney in Miami

Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you might have a case. We check to see if:

• There were damages. Personal injury lawsuits are filed to recover “damages.” These include costs such as medical expenses, lost wages, and pain and suffering. An injury must have significant associated costs to qualify for a lawsuit, which vary by state.
• Someone else was at fault. To get compensation from someone else’s insurance company in Miami, FL, they must have acted negligently in a way that caused or contributed to your injuries.
• There’s enough insurance coverage. Personal injury lawsuits are usually filed against insurance companies, not individuals. Those responsible must have enough insurance coverage to cover the injured person’s medical expenses or to fully compensate them for their injuries.

Not sure if you have a case? Get in touch. We're here to help the community of Miami, FL.

If you're involved in a car accident in Miami, FL, taking the right steps can protect your health, legal rights, and ability to seek compensation. 

First, assess yourself and others involved for injuries. If anyone is hurt, call 911 immediately to request medical assistance. If the vehicles are drivable, move them out of traffic to a safe location. Turn on your hazard lights to warn other drivers.

Next, you will want to report the accident. Florida law requires you to report accidents involving injuries, fatalities, or property damage exceeding $500. When law enforcement arrives, they will document the accident. Request a copy of the report for your records.

If you are able, gather the following details from all parties involved. If there are witnesses, get their contact information as well.

Then, collect evidence to support your claim. Take photos and videos of vehicle damage, license plates, the accident scene, skid marks, road signs, and any visible injuries. Note the time, weather conditions, traffic signals, and other relevant factors.

Refrain from admitting fault or making statements that could be interpreted as such. Liability will be determined through evidence and investigations.

Even if you weren’t rushed to an emergency room or think you feel fine, see a doctor as soon as possible. Injuries like whiplash or internal trauma may not be immediately apparent. Keep all medical records and receipts, as they are critical for any claims.

You’ll then want to report the accident to your insurance company. Provide accurate details and share any evidence, including the police report and photos. File a claim and work with your insurer to begin the claims process.

Florida is a no-fault state, meaning your Personal Injury Protection (PIP) insurance will cover up to $10,000 of your medical expenses and lost wages, regardless of who caused the accident. If your injuries are severe and exceed PIP limits, you may file a lawsuit against the at-fault driver.

Car accidents in Miami can quickly become complicated, especially with Florida’s unique insurance laws. If you’ve been injured or the accident involves significant damages, contact Morgan & Morgan to consult an experienced car accident attorney. One of our Miami attorneys can help protect your rights, negotiate with insurance companies, and pursue compensation for your losses.

The time frame within which you must file a car accident injury claim is dictated by the statute of limitations, which varies by state. Generally, the statute of limitations ranges from one to four years from the date of the accident. This means you have that amount of time from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.

In some cases, injuries or damages may not be immediately apparent. The discovery rule allows the statute of limitations to begin when the injury is discovered or reasonably should have been discovered. This is particularly relevant in cases where internal injuries or long-term health issues arise after the accident.

It's especially important to visit a medical professional as soon as possible after the accident. Even if you don't feel hurt, a complete workup will document the state of your health and potentially discover injuries you may not feel yet. In some states medical paperwork filed shortly after the incident is a requirement for obtaining certain benefits.

Filing a claim sooner rather than later is key to building a strong case. Evidence can deteriorate, memories can fade, and witnesses may become harder to locate over time. By acting promptly, you improve your chances of securing vital evidence.

Given the complexities of statutes of limitations and the potential for exceptions, it’s wise to consult a car accident lawyer in Miami, FL as soon as possible after your accident. A lawyer can help ensure that your claim is filed within the appropriate time frame and advise you on the best course of action.

The time it takes to resolve a car accident lawsuit can vary widely depending on several factors, including the complexity of the case, the severity of injuries, and the willingness of the parties to settle.

After the accident, your lawyer in Miami will begin investigating the case, gathering evidence, and calculating damages. Once this is complete, they will file a claim with the insurance company or a lawsuit in court. This initial phase can take a few weeks to several months, depending on the complexity of the case.

Many car accident cases are resolved through settlement negotiations without going to court. Settlement discussions can begin shortly after the claim is filed and may take several months to resolve. The timeline depends on the willingness of both parties to reach an agreement and the complexity of the damages involved.

Choosing the right legal team in Miami can make all the difference in the outcome of your case. With over 35 years of experience handling car accident cases, our attorneys are well-versed in state and federal traffic laws, as well as insurance regulations. We know what it takes to build a strong case and secure the compensation you deserve.

When you choose Morgan & Morgan in Miami, you’re not just hiring a lawyer; you’re gaining access to an entire army of legal professionals dedicated to your case. This includes paralegals, investigators, and medical experts who work together to build the strongest possible case on your behalf.

And the best part is you don’t pay a dime unless we win your case. We understand that after a car accident, the last thing you need is additional financial stress. That’s why we operate on a contingency fee basis. That’s right—the Fee Is Free™, you only pay a share of your compensation if we win.

As the nation’s largest personal injury law firm, with a strong presence in Miami, FL, when you work with Morgan & Morgan, you send a clear message that you mean business. Morgan & Morgan has recovered over $20 billion for clients, and our reputation for winning is known across the country.

You don’t have to face this challenging time alone. At Morgan & Morgan, we are committed to helping car accident victims in Miami, navigate the complexities of their claims and achieve the justice and compensation they deserve. Remember, our services are free unless we win your case, and we’re here to fight for you every step of the way.

If you’ve been injured in a car accident in Miami, don’t delay. Fill out our free case evaluation form today to find out how Morgan & Morgan can help you take the first step toward recovery and justice.

A "no win, no fee" agreement, also known as a contingency fee agreement, is a payment arrangement that allows clients in Miami, FL, to hire a no win, no fee lawyer without paying any upfront fees.

When you hire a lawyer under a “no win, no fee” agreement in Miami, you are not required to pay any money upfront. This makes legal representation accessible to anyone, regardless of their financial situation.

You only pay your lawyer if they win your case, either through a settlement or a court judgment. If your lawyer is unsuccessful, you owe nothing for their services.

If your lawyer wins the case, their fee is typically a percentage of the compensation you receive. The specific percentage may vary depending on the complexity of the case and the amount of work involved.

The “no win, no fee” arrangement aligns the lawyer's interests with yours, as they only get paid if you win. This provides a strong incentive for your lawyer to work diligently on your behalf and to seek the maximum possible compensation for your case.

At Morgan & Morgan, we believe justice should be accessible to all, so we operate on this same contingency fee system and have made it our motto that the Fee Is Free™—you only pay if we get you compensated.

If you've been involved in a car accident in Miami, FL, you may be entitled to various forms of compensation, depending on the details of your case. 

Economic Damages

Economic damages are meant to cover quantifiable financial losses resulting from the accident.

• Medical Expenses: Emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and future medical costs related to the accident.
• Lost Wages: Compensation for time missed at work due to injuries, including lost earning potential if your injuries result in long-term or permanent disability.
• Property Damage: Repair or replacement of your vehicle and other damaged personal property.
• Other Out-of-Pocket Expenses: Costs for transportation to medical appointments, home modifications for disability, or hiring help for tasks you can no longer perform.

Non-Economic Damages

Non-economic damages address the more subjective impacts of the accident on your life.

• Pain and Suffering: Compensation for physical pain, discomfort, and long-term effects of your injuries.
• Emotional Distress: Anxiety, depression, PTSD, or other emotional harm resulting from the accident.
• Loss of Consortium: Compensation for the loss of companionship or intimacy with a spouse due to injuries.

Punitive Damages

In cases where the at-fault party’s behavior was especially reckless or intentional, such as a DUI or road rage, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

Florida’s No-Fault Insurance System

Florida is a no-fault state, which means your Personal Injury Protection (PIP) insurance will cover up to $10,000 of medical bills, lost wages, and other costs, regardless of who caused the accident. However, you can file a lawsuit against the at-fault driver if:

• Your medical expenses exceed $1,000,
• The accident results in permanent injury, disfigurement, or death.

Each car accident case in Miami is unique, and the types of compensation you can receive will depend on the details of your injury, the impact on your life, and the circumstances surrounding the accident. A Morgan & Morgan lawyer in Miami, FL, can help you determine the full extent of your damages and fight for the compensation you deserve.

While it may seem unnecessary to hire a lawyer for a minor car accident in Miami, doing so can be important to ensuring that your rights are protected and that you receive fair compensation.

Even in minor accidents, insurance companies may try to minimize payouts. They might offer a quick settlement that doesn’t fully cover your expenses or losses. A lawyer in Miami, FL, can help you evaluate the offer and negotiate for a fair settlement that includes all of your damages, even those that may not be immediately apparent.

Also, not all injuries are immediately noticeable after an accident. Some, like whiplash, concussions, or soft tissue injuries, may take days or weeks to manifest. Without legal representation, you might settle too early, before the full extent of your injuries is known. A lawyer can ensure that all potential future medical costs are considered.

At Morgan & Morgan in Miami, FL, our reputation and team of trial-ready lawyers can send a clear message to the other side that low-ball settlements won’t do and that we intend to fight for the maximum compensation you deserve.

While you might think you can handle a minor accident on your own, having an auto accident lawyer in Miami on your side can help you avoid potential pitfalls and ensure you receive the compensation you deserve.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation. Hiring one of our car crash lawyers in Miami is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in Miami, FL, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C. Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

After your initial consultation in Miami, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way. These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

The average settlement for a car accident claim can vary widely depending on several factors, including the severity of injuries, the extent of property damage, and the circumstances surrounding the accident.

The most significant factor in determining a settlement amount is the severity of your injuries. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements, while severe injuries like spinal cord damage, traumatic brain injuries, or multiple fractures can lead to much more substantial settlements.

Your medical bills play a crucial role in calculating your settlement. This includes costs for emergency room visits, surgeries, hospital stays, physical therapy, and any ongoing or future medical care. The higher your medical expenses, the larger your settlement is likely to be.

Proving fault in a car accident case can help you secure compensation for your injuries and damages. The process involves gathering and presenting evidence that demonstrates the other party’s negligence or wrongdoing.

After an accident, a police officer will typically investigate the scene and file a report. This report often includes the officer’s observations, statements from the drivers and witnesses, and sometimes the officer’s opinion on who was at fault. While not definitive, a police report can be a strong piece of evidence in establishing fault.

Witnesses who saw the accident can provide valuable accounts that support your version of events. Their testimonies can help corroborate your claims and strengthen your case.

Photographic evidence from the accident scene can be crucial. Pictures of vehicle damage, skid marks, traffic signs, road conditions, and other relevant details can help recreate the sequence of events and demonstrate how the accident occurred.

If the other driver violated traffic laws, such as running a red light, speeding, or failing to yield, this can be a clear indicator of fault. Traffic citations issued to the other driver at the scene can also serve as evidence.

In more complex cases, Morgan & Morgan’s accident reconstruction experts in Miami, FL, may be called upon to analyze the evidence and provide an opinion on how the accident occurred and who was at fault. Their expertise can help clarify the events leading up to the collision.

If the other driver admits fault at the scene or afterward, their admission can be used as evidence. However, it’s important to be cautious with your own statements, as anything you say could also be used against you.

Your account of the accident, including details about what you saw, heard, and felt, is also important. Consistent and clear testimony can help establish the facts of the case.

Proving fault requires a comprehensive approach to gathering and presenting evidence. A Morgan & Morgan lawyer in Miami can assist you in building a strong case, ensuring that all relevant evidence is collected and effectively used to demonstrate the other party’s liability.

Yes, you can still receive compensation if you were partially at fault for a car accident in Miami, FL, thanks to Florida's pure comparative negligence rule. Under this system, your compensation is reduced by the percentage of fault assigned to you, but you are not barred from recovering damages unless you are 100% at fault.

Each party involved in the accident is assigned a percentage of fault based on their actions. For example, if you were speeding and the other driver ran a red light, fault may be split between both parties, such as 30% for you and 70% for the other driver.

In a personal injury claim, your total compensation will be reduced by your percentage of fault. For instance, if your damages are $100,000 and you are found 30% at fault, your recovery will be reduced by 30%, leaving you with $70,000.

While this can seem very complex, a car accident lawyer at Morgan & Morgan’s Miami office can evaluate your claim and review your legal options with you.

If you’re involved in a car accident in Miami, with a driver who is uninsured or underinsured, it can complicate the process of recovering compensation for your damages. However, there are several avenues you can pursue to ensure that you are not left bearing the financial burden.

Florida is a no-fault insurance state, meaning your Personal Injury Protection (PIP) coverage will cover your initial medical expenses and lost wages, regardless of who caused the accident. PIP coverage typically provides $10,000 per person but may not be enough for severe injuries or significant property damage.

If the at-fault driver is uninsured or lacks adequate insurance, your own policy may include Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. UM coverage pays for your damages if the other driver has no insurance. UIM coverage covers the gap between the at-fault driver’s insurance limits and your total damages if their coverage is insufficient.  These coverages are optional in Florida but highly recommended. Check your policy or contact your insurer to confirm if you have this protection.

Notify your insurer immediately after the accident and explain that the at-fault driver is uninsured or underinsured. Provide all relevant documentation, including the police report, photos of the accident scene, and medical bills, to support your claim.

If you don’t have UM or UIM coverage or your damages exceed your policy limits, you can file a lawsuit against the at-fault driver to seek compensation. However, many uninsured drivers lack sufficient assets to cover your damages, making this option less reliable.

If the at-fault driver was working at the time of the accident, such as a delivery driver, their employer or the company they were driving for may be held liable.

Navigating the complexities of uninsured or underinsured claims can be challenging, but Morgan & Morgan can help. A car accident attorney from our Miami, FL office can help evaluate your case and determine the best path to compensation, negotiate with your insurance company to maximize your settlement, and file a lawsuit if necessary, ensuring that all legal procedures are properly followed.

Handling a car accident involving a rideshare (such as Uber or Lyft) or delivery driver (such as those working for DoorDash or Amazon) in Fort Myers requires some specific steps, as these types of accidents can be more complicated due to the involvement of commercial insurance and potential liability issues. 

As always, your health and safety are the top priority. Assess yourself, the other driver, and passengers for injuries. Call 911 for medical help if needed.

If possible and safe to do so, move vehicles out of traffic to avoid additional accidents. However, do not leave the scene.

Next, report the accident. In Florida, you're required to call the police if there are injuries, fatalities, or significant property damage, so make sure you do so to protect the legitimacy of future legal claims.

When involved in an accident with a rideshare or delivery driver, be sure to collect the following information:

• Driver Information:
  • Name, phone number, and driver’s license number of the rideshare or delivery driver.
  • The name of the rideshare service (Uber, Lyft) or delivery company (DoorDash, Uber Eats).
  • Insurance information, including the policy number.
• Rideshare or Delivery Company Details:
  • If the driver was actively working at the time of the accident, note the name of the rideshare or delivery app, the vehicle’s license plate, and other vehicle details.
  • Rideshare services like Uber and Lyft allow you to obtain trip information through their apps (driver name, location, trip details).
• Witness Information:
  • Get contact details from anyone who witnessed the accident, as their testimony could be crucial for your claim.
• Photos and Videos:
  • Take pictures of the scene, vehicle damage, license plates, and any visible injuries.

If the driver was working at the time of the accident (like picking up a passenger or delivering food), their commercial insurance may apply. Rideshare and delivery companies typically provide liability coverage, but this can vary depending on the circumstances.

Determining Fault

If the Rideshare/Delivery Driver Is at Fault:
The driver’s insurance may cover the damages, and you can file a claim through their insurance or the company’s liability policy.

If You Are at Fault:
Your own PIP and liability coverage will likely cover the damages and injuries unless you have insufficient insurance.

If the Rideshare/Delivery Driver Wasn’t Fully Covered:
Rideshare and delivery companies offer insurance coverage in different scenarios:

• While driving with a passenger or delivering: Their commercial insurance should apply.
• While driving to pick up a passenger or delivery: The driver’s personal insurance may cover the accident unless they have specific coverage through the app.
• Off the clock: If the driver was not logged into the app, their personal insurance may be the only option.

Even if you don’t feel immediate pain, see a doctor after the accident. Injuries from car accidents, like whiplash or soft tissue damage, can appear days or even weeks after the incident. If you wait too long to seek medical treatment, it may affect your ability to claim compensation.

Rideshare and delivery companies often have large insurance policies to cover accidents involving their drivers, but getting the compensation you’re entitled to can be challenging. An attorney in Miami, FL, can advocate on your behalf, negotiate with the insurance companies, and, if necessary, take your case to court to ensure your rights are protected.

Being involved in a hit-and-run accident in Miami can be a terrifying experience. If the other driver leaves the scene, it’s important to stay calm and take specific steps to protect your rights and improve your chances of recovering compensation.

First, check for injuries: Ensure you and any passengers are safe. Call 911 immediately if anyone is injured. If possible, move your vehicle out of the way of traffic to avoid further accidents.

Contact the Miami Police Department as soon as possible. A hit-and-run is a crime, and having an official police report is crucial for any insurance or legal claims. Share all available information about the fleeing vehicle, and request a copy of the police report for your records.

Take pictures of your vehicle’s damage, the accident scene, and any relevant road conditions or debris left behind. If there were witnesses, collect their contact information and ask them to share what they saw with the police. Look for surveillance cameras or traffic cameras in the area that might have captured the hit-and-run. Inform the police about potential footage.

Contact your insurance provider promptly and let them know it was a hit-and-run. If you have Uninsured Motorist (UM) coverage or collision coverage, these policies can help pay for damages and medical expenses caused by the unidentified driver. In Florida, UM coverage is optional but can be invaluable in hit-and-run situations.

Even if you don’t feel injured immediately, get checked by a doctor. Some injuries, like whiplash or internal trauma, may not show symptoms right away. Having medical records will also support any insurance or legal claims.

Finally, contact Morgan & Morgan. A hit-and-run accident can be complicated, especially if the at-fault driver cannot be identified. Even if the hit-and-run driver is never found, you may still be entitled to compensation through your own insurance policy or other means. An attorney in Miami, FL can evaluate your case, explain your options, and help you recover the damages you deserve.

Every time we hit the road we embark on a journey that demands caution, responsibility, and awareness. Despite advancements in vehicle safety, car crashes remain an unfortunate reality, often resulting from a variety of factors. At Morgan & Morgan, we believe knowledge is an important tool for prevention.

Distracted Driving

Texting or using a phone while driving is one of the leading causes of accidents. Drivers who take their attention off the road to engage with their smartphones are more likely to cause collisions.

Other distractions include eating, talking to passengers, adjusting the radio, or using in-vehicle technology.

Speeding

Excessive speed is a significant factor in many accidents. Drivers may exceed speed limits to make up time or because they are unfamiliar with the area. Speeding reduces reaction times and increases the severity of accidents.

Miami, like many urban areas, has heavy traffic, and speeding through congested streets, like along the I-95 or the 295 beltway, can be particularly dangerous.

Drunk Driving

Driving under the influence (DUI) of alcohol or drugs remains a major contributor to car accidents in Miami. Impaired drivers experience slowed reaction times, poor judgment, and reduced attention to the road, leading to crashes.

Florida's DUI laws are strict, and accidents involving drunk driving can result in severe legal and financial consequences for the driver at fault.

Reckless Driving

Aggressive driving and road rage are common causes of accidents in Miami. Drivers who tailgate, change lanes without signaling, or make sudden turns increase the risk of collisions.

In many cases, impatience, frustration with traffic, or just general recklessness can contribute to such behavior.

Weather Conditions

Wet roads can lead to hydroplaning and reduced vehicle control. Fog, wind, and even occasional icy conditions can further contribute to hazardous driving.

Failure to Yield Right-of-Way

Many accidents occur when a driver fails to yield the right-of-way at intersections, stop signs, or when merging onto highways.

Running red lights or not yielding at pedestrian crossings can lead to serious collisions, particularly at busy intersections like those near downtown Miami or on highways like I-295 and I-10.

Tailgating

Following too closely is a common issue in Miami, especially in heavy traffic. Drivers may not leave enough space to stop in time if the car in front suddenly brakes, leading to rear-end collisions.

Poor Road Conditions

Potholes, uneven pavement, and road construction zones can cause accidents, especially if drivers are caught off guard. Miami has ongoing infrastructure projects, and poorly marked construction zones can be a significant hazard.

Fatigued Driving

Drivers who are too tired or drowsy to drive pose a serious danger on Miami roads. Fatigue can impair decision-making and reaction times, similar to drunk driving, and is a growing concern, especially during long commutes or overnight travel.

Inexperienced Drivers

Younger or inexperienced drivers may have trouble reacting quickly in emergency situations, fail to properly judge distances, or make poor decisions. This group can often contribute to accidents through poor decision-making or lack of experience.

Vehicle Defects or Malfunctions

Mechanical failures, such as brake issues or tire blowouts, can lead to accidents if drivers are unable to control their vehicles. It’s important for vehicle owners to maintain their cars and check for recalls regularly.

Running Stop Signs or Red Lights

Drivers who fail to stop at stop signs or red lights are often involved in accidents, particularly at busy intersections in the city. This type of reckless behavior can lead to severe side-impact or T-bone collisions.

Construction Zones

Miami’s road work and construction zones often create temporary lane shifts, narrow roads, or changes in traffic patterns that confuse or frustrate drivers. Failing to follow posted signs or speeding through these zones increases the likelihood of accidents.

Sometimes, however, other negligent drivers can introduce more risks on the road, regardless of how carefully you drive. If you're involved in a car wreck in Miami, FL, that wasn’t your fault, Morgan & Morgan's dedicated team is here to help you fight for the justice and compensation you deserve. Contact us today for a free, no-obligation case evaluation.

A Morgan & Morgan car accident lawyer in Miami, FL, can provide priceless help after a car accident, offering legal guidance to navigate the complexities of your case and ensuring that you receive the compensation you deserve.

Car accident laws can be complicated and each state has its own regulations. As the largest personal injury law firm in the country with a significant presence in Miami, Morgan & Morgan’s lawyers know the local laws and regulations surrounding your car accident. Your lawyer can explain your rights, outline your legal options, and help you understand the potential outcomes of your case.

Your car accident lawyer in Miami will also conduct a thorough investigation of your accident, gathering crucial evidence such as police reports, medical records, witness statements, and accident scene photos. This evidence is essential for building a strong case.

Morgan & Morgan also knows how to handle the claims process and insurance companies that undervalue claims. Navigating the claims process can get complex, and insurance companies routinely aim to minimize payouts. A car crash lawyer in Miami, FL will handle all communications with the insurance company, ensuring that you don’t say anything that could harm your claim. They will also negotiate on your behalf to secure a fair settlement.

Other contributing factors of your claim, such as establishing fault or calculating damages, can also be complicated processes. Morgan & Morgan can work to identify all liable parties, whether it’s another driver, a vehicle manufacturer, or a government entity responsible for road maintenance.

Most importantly, if a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. They will represent you in all legal proceedings, presenting evidence and making arguments on your behalf.

And the best part is Morgan & Morgan operates on a contingency fee basis, meaning you don’t pay unless they win your case. This allows you to access top-tier legal representation in Miami, FL, without financial stress.