How To Manage a Miami Car Accident Claim?
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
