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How To Manage a Miami Car Accident Claim?

CarAccClaim2

If you are involved in a Miami car accident because of the negligence of another party, you can file a car accident claim and recover compensation from the negligent party. If you have never had to file a car accident claim, trying to manage your claim can leave you feeling confused. This article shares some crucial information to help you navigate a Miami car accident claim.

What Should You Do After a Miami Car Accident?

A car accident claim typically begins the moment the accident occurs. What you do or don’t do after your Miami car accident can significantly impact the outcome of your case. The following are some of the things you should and should not do after a Miami car accident;

  • DO Gather Evidence

After your car accident, document your accident and injuries in the form of pictures and videos. Also, collect witnesses’ testimonies. Remember, the evidence surrounding an auto accident case doesn’t last forever. You should act fast before evidence gets destroyed or altered or witnesses forget crucial details.

  • DON’T Talk to the Insurance Company

You should avoid talking to the at-fault party’s insurance company without consulting an attorney, as your words can be used against you.

  • DO Seek Prompt Medical Attention

Seeking prompt medical attention can help establish the severity of your injury and prove causation. It can help prevent the insurance company from arguing that you failed to take steps towards mitigating damages.

  • DON’T Admit Fault

After a Miami car accident, you need to avoid admitting guilt. Apart from avoiding explicitly admitting guilt, you should also avoid making statements that could imply fault for your accident. For example, you should avoid apologizing, as apologies can be taken as an admission of responsibility.

Should You Hire a Car Accident Attorney?

You are not legally required to hire a car accident attorney, but it is advisable that you seek legal representation. Building a strong car accident claim takes time and experience. Trying to build your case on your own is risky. It is challenging to navigate all the legal requirements of filing a car accident claim and supporting your case without an attorney. Additionally, insurance companies are known to try to take advantage of plaintiffs who choose to represent themselves.

Understanding Comparative Negligence

In 2023, Florida went from a pure comparative negligence state to a modified comparative negligence state. This is after the signing of CS/HB 837 into law in March. Under the modified comparative negligence rule, you cannot recover compensation in a car accident claim if you are more than 50% responsible for your accident and injuries.

While you can recover compensation if you are 50% or less to blame for your Miami car accident, your total compensation will be reduced by your percentage of fault. If, for example, you are 20% at fault, your compensation will be reduced by 20%.

Navigating Deadlines

The statute of limitations for car accident claims in Florida also changed in 2023. You now have two years to file a car accident claim in Florida. If you delay to file your claim, you may be barred from recovering compensation.

Legal Help Is Available

To get help with your car accident claim, contact our Miami personal injury attorneys at The Pendas Law Firm.

The Pendas Law Firm also represents clients in the Tampa, Ocala, Orlando, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, Melbourne, Fort Myers, and Fort Lauderdale areas.

Source:

flsenate.gov/Session/Bill/2023/837/BillText/er/PDF

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

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  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod