Hialeah, Florida, Car Accident Lawyer
Car accidents are responsible for thousands of serious injuries every year. Most drivers will end up in a car accident at some point in their lives, so it is important to know what to do after a crash. If you were seriously injured, filing with insurance might not be enough to get you the compensation you need, and you should consider speaking with a car accident lawyer about your case.
Car accident insurance rules in Florida require drivers to file with their own insurance companies unless they meet certain requirements. Knowing when you meet those requirements and when you should file a lawsuit against the at-fault driver is often complicated. An experienced Hialeah car accident lawyer can help you make decisions and get the compensation you need.
For a free legal consultation on your car accident injury case, call me, attorney Jared Newman, today. At my firm, Jared Newman, Esq., I can go over your case and help you understand your next steps. I can also advise you on when to settle and when to take the at-fault driver to trial. For a free case consultation, call my firm today.
Limitations On Lawsuits In Hialeah Car Accident Cases
If you were hurt in a car accident in Hialeah or anywhere else in Florida, the state’s no-fault insurance rules might limit when you can sue. Typically, no-fault insurance rules require drivers to file a claim with their own insurance company after an injury. This helps everyone get compensation for crashes because everyone is required to carry insurance, and there is no requirement that you need to prove who was at fault before your insurance will pay your claim. However, these rules may limit your damages and block you from getting compensation from the responsible parties, unfairly putting that financial burden on you.
If you were injured in a car crash, your insurance company may have limitations on what it will pay you. Typically, these come in the following forms:
- Policy limits that dictate maximum payout amounts
- Limitations on noneconomic damages, like pain and suffering
- Deductibles that you have to cover out of pocket
If you were injured by someone else’s mistakes behind the wheel, it is unfair that your compensation should be limited.
Instead of relying on your own insurance, you may be able to file a claim with the at-fault driver’s insurance or a lawsuit against the responsible driver. However, you have to meet certain conditions under Florida law before you can do this.
Monetary And Verbal Thresholds
First, your case needs to be severe enough to qualify for a third-party claim or a lawsuit. Under Florida statues § 627.736 and § 627.737, car accident victims can only sue for damages if their cases are worth more than $10,000. They can also sue if their injuries are permanent or involve losses of bodily functions. If someone died in the crash, you can also sue for their death instead of relying on insurance.
Second, you need to be able to prove that the other driver was at fault to get their insurance to pay for damages above and beyond your own no-fault coverage. You also need to prove fault if you take your case to court.
If you were responsible for the crash, you may need to rely on your own insurance to get the coverage you need, and a lawsuit would be unlikely to succeed. However, Florida law does allow victims of Hialeah car crashes to sue for any amount of fault. Under this rule, victims can still sue if the other driver was only 1% responsible, for example. For crashes that are closer to 50/50 fault, a lawsuit may still be worth filing to get 50% of your damages paid.
Proving A Car Accident Claim In Florida
If you file a lawsuit or insurance claim for a car crash that injured you or a loved one, you may need to prove fault before you can get compensation. As mentioned, Florida does use a no-fault insurance system that pays damages without proof of fault. However, if you take your case to court or file a third-party claim, it is essential to prove fault before you can get paid.
To prove who was at fault in a car crash, you usually need to supply evidence and testimony that shows the court (or the insurance company) what happened and why the other driver is at fault. Typically, your own testimony about what happened leading up to the accident and what the other driver did wrong will be the No. 1 piece of evidence in your case. If you had a passenger who witnessed the crash or other witnesses outside your vehicle saw what happened, their testimonies will also help.
If there is video of the crash from a traffic camera, security camera or dashcam, that will also help supply evidence. Photos of the damages, tire tracks and other things at the scene of the crash also supply excellent evidence for your case.
Ultimately, the insurance company or the jury will look at the relevant traffic laws and safe-driving standards to determine who breached these duties. If the other driver was speeding, driving under the influence, texting and driving, or even turning without a blinker, they could be blamed for the crash.
Call Jared Newman, Esq., For Help With Your Case
If you or a loved one was seriously injured in a car crash in the Hialeah area, call my firm today to set up a free legal consultation with me.
"A friend recommended Attorney Jared Newman after I was involved in a car accident. From the start Jared has been absolutely amazing. From staying in constant contact with me with updates on my case, to explaining things I didn’t understand, to getting me the best outcome possible, he has not disappointed. I’m glad I made the right decision with Jared Newman and I’m definitely keeping his number saved for anything in the future."