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Written by Mariel TollinchiIf you or someone you love was involved in an auto accident, the big question remains: What should you do next? Will insurance cover your medical bills, vehicle repairs, and other accident-related expenses? Can you file a lawsuit against the other driver?
After first seeking medical attention, the best thing to do after any accident is to immediately pick up the phone and contact a lawyer. At Mariel Tollinchi Injury Lawyers, our Miami car accident lawyers have decades of experience and a long history of successfully representing motor vehicle accident victims throughout South Florida. We understand the laws that govern these claims, and we know how to effectively advocate for the maximum compensation you are owed.
Injured in an accident? Get your FREE case evaluation with Attorney Mariel Tollinchi. We're here to fight for you.
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There are a million and one different things that can happen during a car wreck. The setting could vary, depending on whether you're on the highway or at your local intersection. The amount of damage could also vary, depending on the way the vehicles collided, what your vehicle may have collided into, and the speed at which you were traveling before the accident. But, unfortunately, hardly anyone walks away from a car accident without some type of injury.
Some of the most common types of injuries people sustain in motor vehicle accidents include:
These and other catastrophic injuries can have significant, lasting effects on the lives of victims and their loved ones. Thankfully, victims and their families do not have to face the aftermath of an accident—including the physical, emotional, and financial challenges that come with it—on their own.
With four large interstate highways running through the state, not to mention countless intercity roads, motor vehicle accidents are common in Florida. In fact, according to a recent report from Policygenius, Florida ranked third in the nation behind California and Texas as the state with the highest number of traffic accident fatalities.
This means you are very likely to be involved in some sort of auto accident here in South Florida. And if that happens, you may need a Miami accident lawyer with the experience to protect your right to fair compensation.
There are countless reasons why you may have ended up in a car accident. Most often, these incidents result from the careless, reckless, or negligent conduct of others. Specifically, some of the most common causes of car accidents include:
If you were severely injured in an auto accident, and a negligent or reckless driver was to blame, you could be entitled to step outside the state's no-fault insurance system and seek full compensation for your accident-related damages.
Speaking with a Miami car accident attorney will help you understand the legal options available to you, so you can choose the best option for you and your family. It is important that you work with an experienced attorney, like those at Mariel Tollinchi Injury Lawyers, who can help you navigate Florida's complex no-fault insurance and car accident laws.
Every situation is different. The exact compensation you are entitled to receive will depend on the unique factors involved in your case. If you were injured but did not suffer a "severe" injury, as defined by the state of Florida, you may file a personal injury protection (PIP) claim.
Under Florida's no-fault insurance system, you are entitled to compensation for certain damages after an auto accident, regardless of who was at fault. However, PIP does not cover the full amount of your damages after a crash. Instead, PIP provides coverage for the following:
PIP does not provide any compensation for non-economic damages, such as pain and suffering. Additionally, if your injury is not classified as an "emergency medical condition" (EMC), you are only entitled to $2,500 in compensation through your PIP coverage.
If you do have an injury that meets Florida's serious injury threshold, you can go outside the no-fault system and bring a claim against the other driver's insurance company. You may also be entitled to file a personal injury lawsuit directly against the liable party, which can be helpful if their insurance does not cover the full cost of your damages.
Because of the many complex rules in place, it is best to talk to a car accident attorney in Miami to learn more about the value of your claim. At Mariel Tollinchi Injury Lawyers, our attorneys can go over what you may be entitled to after reviewing the details of your case. We can explain the different types of compensation that you may receive for monetary and non-monetary losses. For instance, if someone loses a limb due to a horrific car accident, they may suffer from both emotional trauma and financial loss that follows them for the rest of their lives.
If you're injured in a traffic accident by a negligent driver in the state of Florida, and you don't obtain a medical exam within 14 days, you may not be compensated. You must receive medical treatment within 14 days of the accident to be eligible for compensation.
What happens if you do not see a doctor or receive medical care within 14 days? Your auto insurance company may not be required to compensate you through your PIP coverage, and it may reject any injury claim that you file at a later time. You will also most likely be unable to pursue a third-party personal injury claim or lawsuit without sufficient evidence of your injury.
A thorough investigation of the accident is essential to establish the cause of the crash and to determine which driver has liability. Do not negotiate with an auto insurance company by yourself. Your health and future are too important to risk.
Under Florida's no-fault auto insurance system, drivers in this state must have automobile insurance that includes:
The 14-day rule isn't the only barrier to injury victims who are seeking compensation. When a Florida driver is injured by negligence, the first $10,000 of medical bills and lost wages are supposedly paid from the victim's personal PIP coverage. But that's not the whole story.
Although PIP coverage promises $10,000 toward an accident victim's losses, you are actually limited to only $2,500 from that coverage unless you can show that you are suffering from what Florida law calls an emergency medical condition, or "EMC."
If you are injured by a negligent driver, you comply with the 14-day rule, and you are diagnosed with an emergency medical condition, you're entitled to receive 80% of your medical costs up to $10,000 (in other words, up to $8,000) from your PIP insurance. You can also receive up to 60% of your lost wages up to your policy limit.
If you sustain a severe spinal cord injury, a traumatic brain injury, or any other long-term or permanent injury in a traffic collision, you will need considerably more than $8,000 of compensation. However, under Florida law, an injured accident victim may take legal action to hold a negligent driver accountable only when their injury meets the state's definition of a "serious injury." In Florida, an injury is considered "serious" when it:
If you have suffered a "serious" injury, as defined by the state of Florida, you have the right to take legal action against the negligent driver or another liable party, such as the manufacturer of a defective vehicle or a municipal entity that failed to perform adequate roadway maintenance. We strongly encourage you to reach out to our Miami car accident attorney at Mariel Tollinchi Injury Lawyers to learn more, including how our firm can help.
With all of Florida's conditions and rules for recovering compensation, an injured accident victim will need sound legal advice and guidance from the very beginning of the legal process. Although Florida's statute of limitations gives you four years from the date of injury to take legal action, you should not wait this long to schedule a meeting with a personal injury lawyer.
In fact, immediately after you have been seen by a healthcare professional, reach out to the attorneys at Mariel Tollinchi Injury Lawyers. We can explain how the law applies in your circumstances, as well as what rights and legal options you have. We offer completely free initial consultations and contingency fees, meaning you do not pay anything unless/until we recover a settlement or verdict for you.
If you or a loved one has suffered from a car accident injury, don't hesitate to seek legal representation from Mariel Tollinchi. She is committed to helping car accident victims recover the compensation they deserve for their injuries.
Injured in an accident? Get your FREE case evaluation with Attorney Mariel Tollinchi. We're here to fight for you.
Se Habla Español • No Fee Unless We Win
Luchamos por Nuestra Comunidad Latina - At Mariel Tollinchi Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That's why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We proudly serve both Texas and Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.
I got hit by a distracted driver on the Palmetto and honestly had no idea what to do next. The insurance company was already calling me trying to get me to settle for barely anything. Mariel Tollinchi took my case and explained everything so I actually understood what was happening. She got me way more than I ever expected and covered all my medical bills plus lost wages from missing work. If your in a car accident in Miami, dont even think twice - call them.
-Roberto Fernandez
