Being involved in a car accident can be a scary and confusing. You may be injured, and your car broke down, leaving you wondering what to do next. Our Hialeah car accident lawyer is here to help you in these difficult situations. We will investigate the accident scene, gather evidence, and work to prove liability in the case. All this is done to help you recover the compensation you are entitled to for your injuries and damages.
Our legal team wants to take steps to simplify this otherwise challenging and chaotic situation. We help to do this by managing all aspects of your car accident claim. With our legal services, you can count on us to worry about your situation and defend your rights. We want you to focus on your recovery. Our personalized legal services help you achieve the best possible outcome for your case.
Injuries Caused By Hialeah Car Accidents
When on the road, many different types of car accidents can occur. While this is true, some are more common than others. Some of the most common types of accidents that take place in Hialeah and nearby areas include:
Rear End Collisions
In this accident, one vehicle collides with the rear end of another. These accidents occur in many cases because the driver behind was distracted. It can also happen if the driver is speeding or if they don’t leave adequate space between you and other vehicles.
Some accidents involve speeding. If you are in an accident with a speeding vehicle, then there will be more force when the vehicles collide. Speeding accidents often cause property damage, fatalities, and serious injuries.
If your vehicle loses traction, it may flip and roll. The accident can cause serious injuries that leave you with life-long chronic pain and other issues.
Sometimes, an accident involves a head-on collision. This occurs when two vehicles hit each other head-on. The overall impact of this type of accident can lead to serious injuries and even fatalities.
As you can see, many potential causes of car accidents exist in and around Hialeah. Contact us immediately if you have been injured in any car accident and believe another party is liable. We will get to work to determine who is liable and pursue compensation against them, if necessary.
Florida’s No-Fault Law and Auto Insurance Considerations
The state of Florida is a no-fault state. If you experience injuries in a car accident, you file a claim with your insurance company first. It is required to provide compensation for medical costs, no matter who is at fault in the accident.
This coverage is provided by your mandatory Personal Injury Protection (PIP) insurance.
What Is PIP Coverage?
If you are in a car accident, you and your passengers can file a claim against your auto insurance company. The PIP coverage in Florida provides up to $10,000 in medical and disability benefits. To qualify for this medical coverage, you must seek medical treatment within 14 days of the incident. If your doctor states that your injuries were not an “emergency,” PIP coverage only handles $2,500 of the medical costs.
The PIP policy you are required to purchase also covers 60% of your lost income or wages. It will cover 80% of your X-ray, surgical, and other medical expenses. The coverage also handles up to 80% of the total cost of your dental work and necessary rehabilitative services. Other aspects that qualify for compensation by PIP coverage include nursing services, time in the hospital, and needed ambulance services.
Why Your Policy May Not Be Sufficient for Your Injuries
While Florida requires all drivers to have $10,000 in PIP insurance coverage if you are involved in a serious accident, you may discover this doesn’t cover all your related costs. Hiring a Hialeah car accident attorney is recommended if you need additional coverage. We will work to find other options to help you recover the compensation you are entitled to.
Along with PIP coverage, you can add Bodily Injury Liability, which is an optional feature, to your auto insurance policy. BIL coverage will handle all damages the policy owner causes to other people. Your attorney can look into the at-fault’s party auto insurance to see if they have BIL included. If so, they can pursue a claim against it.
Based on the Florida Financial Responsibility Law, drivers are responsible for property damages and bodily injuries caused to other people. Even if the at-fault driver doesn’t have BIL coverage, it’s possible to file a lawsuit to recover the compensation you are entitled to for your injuries.
Proving Negligence In A Hialeah Car Accident
The insurance laws in Florida related to personal injuries are difficult to understand. They also limit what you can receive from an auto policy. If the injuries you sustained changed your life in a significant way or if it left you in constant pain and in a state where you can’t return to work, receiving a one-time payment from your insurance provider probably won’t cover all the medical costs you will have.
It’s possible to file for economic and non-economic damages in these cases. This might include pain and suffering if the other person’s negligence was the cause of your accident and injuries.
In a car accident case, certain things must be proven to hold someone else negligent for what happened. Our Hialeah car accident lawyer will gather the required evidence and work to build a strong case to help show how the other driver was negligent.
Four elements must be proven to show another driver is responsible. These include:
1. The Duty of Care
When you drive, you owe other motorists a duty of care. This means that you should not engage in careless or reckless behavior that will put other drivers at risk of an accident and injury.
If your accident was caused by someone speeding, weaving in and out of traffic, or engaging in other risky behavior, then it should be easy to prove they failed to meet the duty of care required.
2. A Breach of the Duty of Care
It may be necessary to rely on eyewitness or police reports to prove that the duty of care was breached. The other driver could have been driving erratically, or they could have been under the influence of drugs or alcohol, which resulted in the accident.
3. Causation of the Incident
Your attorney will likely use video surveillance, eyewitness reports, smartphone records, and police reports to connect the other driver’s negligence to your accident.
The goal is to prove the car accident caused your injuries. This is done by showing evidence that proves your injuries occurred during the crash. Medical records, expert medical testimony, and a police report can be used to prove this. In some cases, our attorneys will request that your spouse, friends, or other family members testify in the case. With this testimony, it’s possible to show how the accident and injuries have changed your day-to-day life.
4. You Experienced Damages Due to the Accident
Damages are the losses and costs you experienced because of the accident. Economic experts may be called to determine the compensation amount to ask for.
Our attorneys can also determine the value of your claim by gathering accident-related medical bills and documents showing your wages and economic losses if the accident impacts your ability to work. Our team will also consider the mental anguish and emotional pain you experienced due to the accident.
Statute of Limitations for Filing a Car Accident Claim in Hialeah
The personal injury statute of limitations will typically provide two years from the accident date to file a claim. If someone in your family died in the accident, you would only have two years to file a lawsuit.
It’s smart to seek legal assistance from our experienced Hialeah car accident lawyer for help with your case and to ensure you don’t miss these important filing deadlines.
Let Our Hialeah Car Accident Attorney Help with Your Case
Car accidents can be devastating. They can change your life in a second. Because of the impact, these situations can have on your life, it’s a good idea to reach out to an experienced attorney for help with your case and situation. We have years of experience representing cases like yours.
The first step is to call our office to schedule a free consultation. It’s during this consultation that you can ask any questions you have, and we can learn about the details related to your case.
Get in touch today so our team can work on your case. We are here to help with your car accident claim.