Many vehicles travel vibrant Miami’s highways and byways around the clock. While it’s true that the city never sleeps, this also means auto accidents can happen at any time around the clock. If you or a loved one is recovering from severe injuries from an auto collision, our car accident lawyers serving Miami can help you seek damages, such as medical care costs and lost income, from the party responsible for it.
At Chalik & Chalik Injury Lawyers, we simply don’t play games. Since 1995, we have recovered hundreds of millions of dollars for Floridians and their families.
We extend the assistance of our Miami personal injury lawyers to those who suffer losses in motor vehicle accidents, whether they occur in Miami Lakes, Miami Beach, Miami Shores, or anywhere else in the county. Our car accident lawyers serving Miami can calculate your damages, file your insurance claim, and handle your legal case obligations should you decide to file an injury lawsuit in civil court. You can call us today for a free initial consultation.
Compensable Damages You Could Collect From Your Miami Car Accident Case
Our car accident attorneys in Miami can work to recover the economic and non-economic damages from your car accident case, either through an insurance claim or a personal injury lawsuit. Compensable losses you could pursue through a claim or lawsuit include:
- Medical expenses, including future medical bills and rehabilitation costs
- Lost income and benefits, including bonuses, promotions, tips, and commissions
- Loss of future earning capacity
- Property damages
- Mental anguish
- Emotional distress
- Disability, scarring, and disfigurement
Although your personal injury protection (PIP) coverage limits what you can recover, our lawyers can explain when and how you can also receive pain and suffering following an auto accident.
And, if your family lost a loved one, please accept our condolences. Our wrongful death lawyers serving Miami can help you seek compensation for funeral and burial costs, loss of consortium, and other losses from losing a loved one in a fatal car accident.
If you are looking for legal representation, a Miami auto accident attorney from Chalik & Chalik Injury Lawyers can negotiate with the insurance company to get compensation for your losses.
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(305) 944-2035The Severity of Your Injuries Affects the Value of Your Compensation
Injury victims in a car accident may experience severe trauma, both emotionally and physically. Some of the common injuries car accident victims in Miami could suffer include:
- Traumatic brain injury (TBI)
- Neck injuries
- Spinal cord injuries (SCI)
- Broken bones
- Lacerations
- Burns
- Internal organ damage and bleeding
- Whiplash
- Post-traumatic stress disorder
- Joint injuries, such as the knees, ankles, and elbows
- Loss of limb
- Disfigurement
Any one of these injuries could equate to massive medical debt. You should not have to pay for the debt on medical treatment because of someone else’s negligence.
Ensuring Your Health and Making a Connection Between Your Injuries and the Car Accident
No matter how minor or severe you think your injuries are, you should see a doctor. A doctor can diagnose your injuries and provide a treatment plan. They can also identify any obscure injuries you may not be aware of.
In addition, seeing a doctor immediately after an accident creates a link between your injuries and the accident. It protects you from an insurance company arguing that your injuries were caused by something other than the car accident.
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(305) 944-2035What Should You Do Immediately After a Car Accident in Miami?
Below are some actions that could benefit your case’s outcome:
- Call 911. Have law enforcement come out to the accident scene and complete a police report on the accident. The police report can provide an unbiased third-party perspective on the accident. The officer can collect contact information and insurance information. Their report can also include diagrams depicting the accident scene.
- Get prompt medical attention if you suffered or think you suffered catastrophic injuries or any bodily injury. Even if your injuries are minor, you should get medical attention after the accident to document your injuries. Failure to get treatment can hurt your credibility if you later claim an injury.
- Do not admit fault. Be careful about what you say to the insurance adjuster. Even saying something like, “I’m sorry,” could be interpreted as an admission of fault.
- Jot down notes about the auto accident. In the weeks that follow your collision, you will likely forget some details, yet even the smallest detail could aid your claim. Write down your account of the events after getting hurt. You can make notes about the weather conditions on the day of the accident and if there were any surveillance or traffic cameras at the accident scene.
- Do not sign anything without talking to our Miami car accident team. By letting our legal team manage your case, you will not have to communicate with the insurer, and we will explain what you should sign.
If you want help navigating the legal process, our Miami car accident lawyers serving car accident claimants can explain more about what measures could help you.
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We Can Start on Your Miami Car Accident Case and Charge You Nothing Up Front
Our Miami car accident attorneys accept and work on injury cases on a contingency basis. Contingency basis means that if we agree to seek compensation for you, we do so at our risk without charging you attorney fees. We will only receive payment for our services if you recover a settlement or court award in your case. Our payment is an agreed-upon percentage of your settlement or court award.
Contingency agreements allow us to start on your case promptly and lower the financial barriers to receiving the financial compensation that can help you recover from the accident. We can explain this agreement more during your confidential consultation.
Compensation We Have Recovered for Previous Claimants
We understand that right now, you want an attorney who has successfully recovered compensation before. We have secured the following outcomes:
- We won $5 million for our client, who suffered injuries in a collision.
- We sued Ford and Bridgestone for $3 million after their defective products hurt our client.
- We secured a $1 million settlement for a family that lost a loved one in a motor vehicle accident.
In addition to these successes, we have been featured on USA Today, Inside Edition, CNN, 60 Minutes, and The Today Show.
Past Clients Share What It’s Like to Work With Chalik & Chalik Injury Lawyers
We are proud to offer legal services that help our clients put their lives back together after a devastating accident or event. Here are a couple of testimonials some have shared with us:
- “I can’t say enough good things about my experience with Chalik & Chalik! Everyone from the office was great but I primarily spoke with Jason and Dell who were readily available to answer any questions I had. They were responsive, friendly, and helpful! I felt more calm during the whole process of my accident thanks to them! Jason is highly qualified and definitely knows what he’s doing! I’m very satisfied with the outcome of my case. Highly recommend!” – Jennifer Blanks
- “I found Chalik and Chalik by googling them. I called a few different lawyers and received a phone call almost immediately. Mr. Chalik came out to my home to discuss my case and even referred me to a chiropractor next to where I live. I have dealt with both Chalik brothers and found them to be responsive and sympathetic. Jason explained everything to me step by step. I am very happy with the results and the respectful way I was treated by all of his staff. Dell was very kind and responsive as well. Thank you!” – Kelly Burns
Call us today to learn how our Miami office can help you or a loved one with a personal injury claim or lawsuit after a car accident in Miami.
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(305) 944-2035You Have a Deadline for Filing a Car Accident Lawsuit in Florida
Injured parties do not have unlimited time to seek financial recovery in a Miami car accident case. Florida, like all other states, has statutes of limitations we must follow to protect your right to sue the liable party in your case.
Under Florida Statutes § 95.11, you must file a personal injury lawsuit within two years of the accident. You may be eligible for an extension under Florida Statutes § 95.051, though. However, you should not assume anything about your case without consulting with our legal team first. If you miss the filing deadline, you could forfeit your right to financial recovery.
With a Miami car accident lawyer, you can concentrate on recovering from your injuries rather than stressing out about deadlines. The sooner you call our firm, the faster our attorneys can get to work for you so you can return to your normal life.
We Can Handle the Claims Process and Litigation for You
Most cases that our law firm handles are settled out of court. However, we are ready for whatever route your case takes, which could involve taking your case to court if the liable party’s insurance provider will not settle your claim.
The Insurance Claims Process for Car Accidents
We know that auto accident claims can get confusing. While you heal from your accident, we will handle everything involved with bringing your case to completion. We will review the liable policy, negotiate a settlement, and send your demand letter for the maximum compensation you can receive for your losses.
We can also review how your personal injury protection (PIP) coverage could benefit you. All drivers must carry this insurance coverage, as explained by the Florida Statutes § 627.736. PIP covers your injuries if you were hurt in a crash.
It pays for:
- Eighty percent of your medical expenses
- Sixty percent of your lost wages up to $10,000
- $5,000 in death benefits
You must also carry $10,000 of property damage liability (PDL) coverage.
What Florida’s PIP Insurance Does Not Cover
PIP does not cover things like pain and suffering and property damage costs. While other aspects of your insurance policy may cover your car repairs, if you want to pursue a fair settlement for pain and suffering and other uncovered damages, you can only do so in civil court if you meet the serious injury threshold.
The serious injury threshold is explained under Florida Statutes § 627.737. If your injuries are permanent in nature, even after you recover, such as scaring and disabling, you may go beyond your PIP coverage and file a lawsuit. The statute also includes death as a reason to file a lawsuit.
Filing a Miami Car Accident Lawsuit
If your case makes it to court, our personal injury attorneys in Miami can:
- Cross-examine witnesses
- Call on expert field consultants (like accident reconstruction specialists) to testify
- Present evidence of fault, negligence, and liability
- Complete the “discovery” phase of litigation
- File your injury lawsuit within the appropriate deadlines
- Manage all necessary paperwork and filing
We Can Prove Negligence Caused Your Miami Car Accident
To recover compensation, you must prove that the at-fault driver’s negligence caused your injuries. While you may have heard that Florida is a no-fault state, this does not preclude you from taking legal action against a negligent motorist.
The following evidence could help us determine fault and who the responsible parties are in your collision:
- The police report
- Medical records
- Traffic camera footage
- Eyewitness statements
- Testimony from healthcare professionals and accident reconstruction specialists
- Black box data
- Physical evidence from the accident scene
- Photos of your vehicle’s damage and injuries
- Omissions made by the other driver at the accident scene
How the Four Elements of Negligence Applies to Your Case
When we review your car accident, we will look for four elements that allow our personal injury lawyers to build a case of negligence against the at-fault parties in your accident. Those four elements are:
- Duty of care. We must show that the party that struck your vehicle in the Miami area had a legal responsibility to avoid harming you while on the road.
- Breach of duty of care. The opposing side’s actions or inactions violated their responsibility to keep you safe.
- Causation. When their actions or inactions occurred, they caused an accident, such as a rear-end collision, distracted driving accident, pedestrian accident, or another type of accident.
- Damages. As a result of the accident, you can pursue fair compensation that can help you recover from your injuries and losses.
Multiple Parties Could Be Responsible for the Miami Car Crash
The other driver may not be the only party responsible for your damages. For instance, if they were on the job at the time of the collision, you could hold their employer accountable.
Another example is you can bring a product liability suit against a car manufacturer if a defect in the car, such as a defective tire, caused the accident or made your injuries worse.
We will explore all avenues from which you can seek damages. Our personal injury law firm serving Miami will manage all communications with these parties and their insurance companies.
Common Factors for Car Accidents in Miami
We have handled various types of car accident cases in Miami. Though each case is unique, the following are the most common types we have handled for our clients:
- Rear-end collisions
- Head-on collisions
- Broadside (T-bone) collisions
- Sideswipe
- Multicar pileups
- Roll-overs
There are also common causes of these accidents, such as:
- Drunk driving accidents
- Distracted driving crashes
- Speeding
- Tailgating
- Ignoring traffic signs
Poor road conditions have also been the cause of car accidents in Miami, and our lawyers can help you build a claim to file against the local municipality responsible for the road conditions if necessary.
What If You’re Partially Responsible for Your Damages?
Per Florida Statutes §768.81, your percentage of fault for the accident could reduce your final settlement. For example, let us say your expenses totaled $20,000 after an accident. If you were found to be 20% at fault, you would not recover $4,000 of your damages, making it so you could only recover $16,000.
Florida does not bar you from seeking compensation against negligent drivers in a motor vehicle crash unless you are found to be more than 50 percent at fault for the accident. Hypothetically, you could be 50 percent responsible for the crash and still pursue 50 percent of your losses.
Call the Miami Car Accident Attorneys at Chalik & Chalik Injury Lawyers Today
When you partner with our firm, you work directly with our founding partners, Jason and Debi Chalik. You can expect warm, compassionate legal help. As our track record shows, we have helped many accident victims hold the liable parties accountable for their injuries in various auto accidents.
While the experience can be frustrating and time-consuming, we are here to help you take action against a negligent party for your accident injuries. If you suffered permanent injuries, we encourage you to seek fair compensation that can help you pay for the treatment you need. To explore working with a Miami car accident lawyer, call today. The initial consultation is free.
Call or text Chalik & Chalik
(305) 944-2035