Miami Car Accident Lawyer
Every personal injury law firm has experience handling car accident and motor vehicle collisions. We do too. Ours span over 50 years with significant results at both the trial and appellate levels. Every Miami car accident lawyer in our firm has successfully represented injured drivers and passengers in every imaginable car and automobile accident scenario. From head-on collisions, rear-end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian injuries, bicycle accidents, and car accidents with Uber and Lyft vehicles even uninsured and under-insured motor vehicle accident claims. Our attorneys also handle complex cases involving insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.
The Miami car accident lawyers at Gerson & Schwartz, PA are also at the forefront of technology in creative use of video, animated, accident reconstruction and computer graphics. Our use of advanced technology is just one of the methods we use to bring about just and successful outcomes for auto, car, and motor vehicle accident claims. Our message is powerful and effective. We strive to obtain maximum case results for all our clients and will pursue all legal remedies on their behalf.
If you or a loved one were seriously injured in a car accident in Miami, then don't delay. Contact a car accident lawyer at Gerson & Schwartz today. Our personal injury law firm will fight to enforce your legal rights. We also won't hesitate to file a personal injury lawsuit if a fair settlement offer is not made. Your case will be tried quickly in court if we are hired to be your car accident attorneys.Representing Car Accident Victims In Miami- Dade, Broward and South Florida For Over 50 years
Car Accidents are one of the leading causes of injury and death in Florida. Miami-Dade continues to lead the state of Florida in both the number of car accidents, injuries from all crashes and motor vehicle accident related fatalities. According to the latest data from the Florida Department of Highway Safety and Motor Vehicles as of December 2020 there were (44,731) car crashes reported in Miami-Dade County. Nearly half of all motor vehicle accidents in Miami resulted in (21,018) personal injuries.
Statistically, there were less car crashes in Miami-Dade in 2020 compared to 2019 and previous years. In 2019, there were 65,144 reported crashes reported in Miami-Dade. Nearly half of all 2019 accidents in Miami resulted in 31,698 personal injuries. 282 auto accidents resulted in 298 fatalities. The downward trend in the total number motor vehicle accidents occurring in 2020 is likely due to the COVID 19 pandemic. The pandemic resulted in statewide curfews and stay at home orders which had the practical effect of less drivers on Miami, Florida roadways.
|2020 Miami-Dade County Car Crash Statistics|
|Total Injury Crashes||16,352|
|Injuries from All Crashes||24,071|
|Total Fatal Crashes||277|
|Fatalities from All Crashes||333|
Statistic sources can be found here.Florida Car Crash Statistics
In the state of Florida, there were 300,750 motor vehicle crashes reported in December 2020. Of all the reported accidents, more than half of the crashes (187,218) resulted in personal injuries. Car accidents with fatalities resulted in the death of 2,809 people.
Although the number of total accidents decreased slightly from 2020 compared to 2019, the total number of reported car accidents involving personal injuries the data does not suggest a definite trend in any degree. Population growth and continued urban development may play a role in more crowded streets and highways.
New motor vehicle laws and safety rules prohibiting texting and other distracted driving from use of hand held devices may have a beneficial impact for Miami drivers and all Florida motorists, pedestrians, bicycle riders and others on Florida roadways over the next few years.Four of Five Deadliest Highways in the United States are Located in Florida
Four of the top five deadliest highways in the United States are in Florida. The Miami, Florida stretch of US 1 is the number one deadliest highway in the United States with over 1,079 motor vehicle related deaths in the last ten years. State Road 826 also known as the Palmetto Expressway in Miami Dade County is also the third deadliest highway for fatal car accidents in the United States. Other notable deadly highways located in Miami, Florida are Interstate I-75 (30th) and Interstate I-95 (66th).Common Types of Injuries
Car accidents can cause a wide range of complex injuries and medical conditions. Common injuries include herniated disks, traumatic brain injuries, fractures, and broken bones. Some of the most common injuries occur to the neck and back. In medical terminology, the location of neck and back injuries are referred to as the cervical, lumbar, and thoracic spine.
Sometimes injuries are serious enough and may require surgical repair. High speed collisions, accidents with pedestrians, motorcycle accidents, and drunk driving accident cases often result in severe or even catastrophic injuries such as a traumatic brain injury, closed head injury, spinal cord injury, paralysis, and in some cases wrongful death.
Over the years we have seen many unfortunate injury cases but our car accident attorneys in Miami have also been able to help our client's get justice too. At Gerson & Schwartz P.A. our lawyers are committed to helping injury victims recover damages to rebuild their lives.Car Accident Negligence and Injury Claims Under Florida Law
To be eligible for compensation from a driver who caused a crash, injury victims need to show that driver was negligent. This means a failure to drive safely. Every motor vehicle operator has a legal duty to drive with reasonable care and in a way that does not put others at risk of injury. The harmful conduct does not need to be intentional.
You can win in court by proving distracted driving by someone who was texting behind the wheel, driving while intoxicated, or simply one who violated well known traffic laws such as failing to yield to the right of way, speeding, or disregarding a traffic signal resulting in an accident.
Other examples of a breach of duty may include negligently entrusting a motor vehicle to someone that is intoxicated. In the event of a crash, at fault parties are legally responsible for all injuries and the financial consequences caused by their negligence.Experience and Reputation Count
Many personal injury lawyers that specialize in car accident cases simply look at the owner/driver's insurance coverage and turn down severely injured accident victims without more. At Gerson & Schwartz, we welcome inquiries from serious injury and death cases where other lawyers have superficially looked at and said "No".
In many motor vehicle accident cases, we have succeeded in finding financially responsible persons, businesses and other organizations based on vicarious liability. That means money for compensation for victims can be obtained from corporations, employers, partnerships, and independent contractors.
Likewise, hazards on public roadways, construction sites, and other negligent business operations can also create needles dangers leading to accidents and motor vehicle collisions. Liability which is not obvious can sometimes be found from third parties based on contracts or just by a prior commitment the injured victim didn't know about. Questions our lawyers will investigate include:
- At the time of the crash was the negligent driver acting in the course and scope of their employment?
- Was the operator driving for a rideshare company such as Uber or Lyft?
- Or was the driver engaged in some mission or activity on behalf of another third party
These are all important considerations our car accident lawyers are trained to analyze in every case. If we are hired to be your attorneys all potential evidence will be investigated and preserved to maximize the full amount of compensation Florida law permits.
When a serious injury or catastrophic accident changes the life of another the careful selection of an experienced lawyer who has successfully represented other severe injury victims is critical. Remember that then you decide on who choose as your car accident lawyer in Miami upon whom you will be depending on for justice.The Burden of Proof
To win in court, injury victims must prove their claims by the greater weight of the evidence. This is referred to as the burden of proof. Therefore, car accident characteristics such as time, speed, and distance are all important facts to prove negligence of another. Witness accounts and their observations are important and must be documented as soon as possible.
Proving that you have a permanent injury must also be supported by objective medical evidence and is an important legal threshold that needs to be proven under Florida law. After a crash, our car accident attorneys will gather all evidence needed to prove your case in court. All potential evidence will be preserved in order to maximize the full amount of compensation Florida law permits.
Florida is also a "comparative negligence" state. This means that more than one driver can be negligent at the same time. This is a common legal defense which if proven can reduce injury victim’s recovery at trial. In situations where liability or driver negligence is difficult to defend insurance companies may argue the crash was a low impact collision or that the bodily injuries sustained were pre-existing or unrelated. If hired to represent you our car accident lawyers will use all resources available to combat these common negligence defenses.Compensation for Accident Victims
Car accident victims are entitled to recover financial compensation for the consequences of their injuries. These are commonly referred to as damages. Damages in a car accident include compensation in the form of money damages for pain and suffering, past and future medical care and expenses from initial hospitalization, emergency room care, diagnostic tests, and other reasonably related medical expenses such as such as doctors appointments, physical therapy and surgery.
Money damages may also be awarded for:
- Pain and Suffering
- Lost wages
- Loss of earning capacity
- Loss of support or replacement services
- Scaring and Disfigurement
- Inability to lead a normal life
- Mental anguish
- Emotional and psychological harm
- Vocational training
- Out of pocket expenses
Severe injury victims and certain family members in the event of a fatal car crash or wrongful death may also recover money damages for their pain and suffering, loss of parental guidance and support, mental anguish, loss of support and services and other types of emotional and psychological harms.
At Gerson & Schwartz, we understand how a crash resulting in a serious or catastrophic injury changes a victim's life forever. Knowing what the needs will be for victims with a spinal cord injury, traumatic brain injury, scarring, disfigurement, burns, and other life changing injuries enable us to guide our client's along the path to medical, occupational and social recovery.
We understand the legal hurdles and real-life challenges serious injury victims face. Our car accident attorneys are here to make sure that the total amount of our client's damages are fully recovered.Limitations for Filing Lawsuits for Car Accident Victims in Florida
Accident victims and certain family members must be aware that Florida has strict limitations for all types of lawsuits including auto accidents, wrongful death, and personal injury claims. These are referred to as statutes of limitations. Who is at fault, or the identity of a negligent party will affect the time injury victims have to file a personal injury claim or lawsuit in court.
Failure to act within these specific time frames can legally bar an injury victims and certain family members right to relief. Florida's statutes of limitations are different for car accidents between individuals, or with vehicles which are owned or operated by local, state, county, or other governmental entities and their employees.
Other time limitations unique to Florida law may vary depending on the type of claim that is being presented. Statutes of limitations for a motor vehicle accident claim based on an auto manufacturing or design defect are different than a car accident with a negligent driver.How We Do It: Our Approach - Our Philosphy
Our approach is to sue first and talk later. We believe that lawsuits promote settlement discussions. In all of our cases, we work quickly to identify all responsible parties, explore all potential theories of legal liability and uncover all sources of financial responsibility. We also act fast to investigate the case facts and research the applicable law. Our firm also works closely with local law enforcement and the State Attorney's offices in drunk driving accidents and other clients that are serious or catastrophically injured due to the criminal acts of third parties. We also employ experienced investigators and utilize leading experts in accident reconstruction and other technical and medical specialties to help prove our client's cases in court.
After an accident you may find yourself inundated with letters and other correspondence from insurance companies and bill collectors. We deal with these companies, so you don't have to. It is also common for insurance company adjusters to contact injury victims to discuss the facts of the case and inquire about their injuries. They may even try to take a recorded statement. We advise all accident victims to speak to an experienced car accident lawyer in Miami before speaking any insurance company representative that may be looking out for the interests of a negligent party.What To Do If Injured in a Car Crash?
First call for help. Seek immediate medical care and follow up with your physicians. Then stay calm, take pictures, take audio, and video. In today's technological world almost, everyone has a cell phone that can do all three. Document skid marks, road debris, and property damage. You should try and document events before vehicles are moved before victims are taken out of their vehicles and before other drivers try to cover up what they did. Be sure to document any landmarks which can be reference points later. Don't just create close ups.
You should not only take photographs of your vehicle but also document damage to other vehicles in the accident, even if the other vehicles were only incidental to the collision. Take photographs of damage to both vehicles, obtain names and contact information of all potential witnesses and if possible, even obtain a written statement. Get license tags and names and other contact information of other drivers and copies of other eyewitness photos too.
Digital data recording is free so you can't overdo it. Send the data to us by email at firstname.lastname@example.org when you call for our advice and it will make it easier for us to understand what you are trying to explain after a stressful event. After a car accident you should also contact your own insurance company and report the claim right away.Experienced Lawyers Helping Serious Injury Victims Since 1970
Gerson & Schwartz, PA is an AV rated personal injury law firm located in Miami, Florida dedicated to representing serious injury, wrongful death victims and their families for over 50 years. Our personal injury law firm consists of trial attorneys who have litigated over 350 jury trials over the last four decades. We have successfully represented clients against every auto insurance carrier including, State Farm, Geico, Allstate, Progressive, Nationwide, James River, USAA, and many others too.
Our firm is well known for our commitment to our client's cases and for being experienced trial lawyers. Each of our client's cases are presented in court in convincing and compelling fashion. Often, this takes countless hours of hard work and considerable financial investment. The proof of our successes can be found in our many jury verdicts, news publications, and out of court settlements.
Our firm is frequently retained by many other lawyers and attorneys in Miami, the state of Florida and across the nation based on our history of success and reputation in the legal community. Insurance companies have their own lawyers and so should you. Don't be led to believe that an insurance company representative is going to resolve your car accident or any other type of personal injury claim for full case value unless you are represented by experienced lawyers with a proven track record of success.
Whether a routine car accident or catastrophic injury claim our Miami, Florida personal injury law firm is here to help. If you or a loved one have been seriously injured, don't wait. Contact a Miami car accident lawyer at Gerson & Schwartz for a free consultation. All new inquiries are kept confidential. You can also email a lawyer directly by sending an email to email@example.com or via our live chat service. There are no upfront fees or costs to get started. Call us toll free at (877) 475-2905 to find out how we can help.
By hiring the best car accident lawyer in Miami, Florida you will be taking an important step to ensure that your legal rights are protected. Se Habla Español.Frequently Asked Questions
- What Should I do if I am Injured in a Car Accident?
- What is the Law in a Car Accident Case in Florida?
- How Much is My Car Accident Case Worth?
- What is Personal Injury Law?
If you have been involved in a car accident these are a series of steps you should follow to ensure your safety and ensure your best chances to prove your claim.
(1) contact the police and file a report (2) move your vehicle to a safe location, (3) take pictures and video of damage to all vehicles involved no matter how minor or major,(4) document important landmarks and skid marks and debris (5) exchange insurance details, driver's license number and vehicle registration with the other driver, (6) obtain the names, addresses, and phone numbers of witnesses (8) seek immediate medical care as soon as possible after the accident, even if you may believe your injuries to be minor as the failure to seek medical care after a car accident within 14 days a may reduce your entitlement under Florida' No Fault Law. (9) contact your auto insurance company, (10) consult an experienced accident lawyer before you speak with any insurance company representative of an adverse party.
Most car accident claims in Florida and lawsuits are based on common law and statutory principles of negligence. Florida's motor vehicle laws are found under Chapter 316 of Florida Statutes. Negligence is based on the common sense theory that we owe a duty of care to act in a way that does not cause harm to others. In all negligence cases in order to recover compensation for economic or non-economic damages the injury victim must prove the wrongdoer 1.) owed a legal duty of care 2.) that the wrongdoer breached their duty 3.) the breach of the legal duty caused the injuries and harms and losses at issue. Legal responsibility is analyzed based on what a reasonably careful person would do under like circumstances. In other words, a negligence claim may arise from driving a vehicle in a careless or reckless way that injures a victim or even takes his or her life.
How much your car accident case is worth is based on a multi factorial analysis. Some factors to consider is who is at fault and why, the amount of financial resources of the at fault party, available insurance, whether the injury victim will make a complete recovery, and how the harms and losses will affect an injury victim over their lifetime. Settlements or verdicts are calculated based on evidence that can prove the amount of (a) medical bills, (b) future medical care, (c) wage loss, (d) loss of future earning capacity, (e) disability, (f) pain and suffering, (g) loss of society, companionship, and financial support, (h) scarring and disfigurement, (i) funeral expenses, (j) emotional and psychological harm, and (k) inability to lead a normal life.
Sometimes, punitive damages may be recovered in instances where there is gross negligence, reckless disregard for the life and safety of others, or intentional harmful wrongdoing. Situations where these damages may apply include cases involving motor vehicle accidents caused by drunk drivers, distracted drivers, and texting while driving.
Personal injury laws provide legal recourse for car accident victims who sustain bodily harm caused by others. A personal injury claim or lawsuit may arise from a negligent, careless, reckless, or even intentional act. General principles of negligence state we owe a duty of care to others. Any person, corporation, or combination of parties can be negligent if they breach their duty of care. Negligence does not require intent. The conduct that caused the harm only has to fall below the level of care a reasonable person would use under like circumstances. The nature and extent of the duty owed depends on the facts and circumstances.