Miami Car Accident Lawyer

A car accident can happen in seconds, but the consequences can last for months or years. A collision can leave a driver or passenger facing emergency treatment, surgery, rehabilitation, lost income, property damage, and ongoing pain. Even a crash that initially seems minor can produce injuries that only become more apparent later.

When another driver’s negligence causes a collision, an injured person may have the right to seek compensation for losses that are not fully covered by insurance.

At Sotolongo Law, we represent people injured in car accidents throughout Miami and South Florida. Because We Care®, our Miami car accident lawyer takes a personal approach to every case and focuses on helping injured people obtain the medical care, support, and compensation they need after a serious crash.

Leading Causes of Car Accidents in Miami

Car accidents can result from many forms of negligent driving. Common causes in Miami include:

• Distracted driving
• Speeding
• Following too closely
• Unsafe lane changes
• Running red lights or stop signs
• Failing to yield
• Aggressive driving
• Driving while impaired by alcohol or drugs

Distraction can be particularly dangerous because a driver may intend to look away from the road for only a few seconds but get caught up in a task unrelated to driving. Texting, checking social media, adjusting climate controls, eating, or reaching for an object can all interfere with a driver’s ability to recognize and respond to changing traffic conditions.

Speed increases not only the likelihood of a collision but also the severity of injuries. A driver traveling too fast for traffic, weather, or road conditions has less time to react and requires a greater distance to stop.

Other crashes may involve fatigue, unsafe turns, improper merging, defective vehicle components, or hazardous roadway conditions. Determining why a crash occurred requires more than simply identifying which vehicle struck the other.

Florida Car Insurance Requirements

Florida’s automobile insurance system differs from the traditional liability-based system used in many states. Florida law requires owners or registrants of covered motor vehicles to maintain personal injury protection, or PIP, and property-damage financial responsibility.

Under Florida Statute §627.733, owners or registrants of motor vehicles required to be registered and licensed in Florida must maintain the required security continuously during the registration or licensing period, subject to statutory exceptions. Section 627.736 governs Personal Injury Protection (PIP) benefits, while §324.022 addresses financial responsibility for property damage.

No-fault (PIP) coverage provides up to $10,000 in medical and disability benefits and $5,000 in death benefits. However, the medical portion only covers 80% of reasonable, medically necessary expenses, while disability benefits cover only 60% of lost income, subject to the statutory requirements and limitations. For medical benefits, the injured person generally must have an emergency medical condition to receive the full amount and must receive initial services and care within 14 days after the accident to receive any at all. All of these requirements protect insurance companies from lawsuits and large payouts while providing minimal benefits to injured drivers and passengers.

When PIP Applies

PIP is first-party coverage, meaning an injured person seeks these benefits through applicable PIP coverage rather than first having to prove that another driver caused the accident.

Florida’s statute provides PIP benefits to covered insureds, certain resident relatives, people operating the insured vehicle, passengers, and certain pedestrians. The exact coverage depends on the person’s relationship to the insured vehicle and the circumstances of the accident.

PIP can be important immediately after a crash because it pays a portion of medical expenses and lost income regardless of who caused the collision.

The 14-day treatment requirement is particularly important. Someone injured in a Florida car accident should not assume that waiting to see whether symptoms improve will have no insurance consequences. Prompt medical evaluation can also help identify injuries that may require treatment and create a contemporaneous medical record.

PIP does not necessarily apply in exactly the same way in every accident. Florida law contains exceptions and special rules involving certain vehicles and circumstances, so coverage should be evaluated based on the specific accident and applicable policies.

When a Car Accident Injury Can Lead to a Lawsuit

Florida’s no-fault system limits an injured person’s ability to recover noneconomic damages from another driver unless the injury meets the statutory threshold for a tort claim.

Under §627.737, that threshold includes:

• A significant and permanent loss of an important bodily function
• A permanent injury within a reasonable degree of medical probability other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death

When the threshold is met, an injured person (or their family) may pursue a claim against the responsible party for the full amount of damages allowed by Florida law. A claim may seek compensation beyond amounts paid or payable through PIP, depending on the nature and extent of the injuries.

Uninsured and Underinsured Motorist Coverage

Another important issue after a serious car accident is whether the at-fault driver has enough insurance to cover the resulting injuries.

Uninsured motorist and underinsured motorist coverage can provide an additional source of compensation when a negligent driver has no applicable bodily injury coverage or does not have enough coverage to compensate an injured person. Florida law requires insurers issuing policies with bodily injury liability coverage to provide uninsured motorist coverage unless it is properly rejected in writing.

The amount and availability of coverage depend on the applicable policy and circumstances. Multiple insurance policies may potentially be relevant, including policies covering the injured person or members of the household.

Reviewing the insurance situation early on can therefore be important, particularly when injuries are serious and the other driver’s available coverage appears limited. Also, one should not assume that an uninsured claim is easier than a claim against an insured driver; in both cases, victims and insurance companies are in an adversarial relationship.

Comparative Fault in Florida Car Accident Cases

A driver or insurance company may argue that an injured person was partly responsible for the crash or for the resulting injuries. The effect of this argument can be to reduce or eliminate the amount they owe under Florida’s modified comparative fault system.

Under Florida Statute §768.81, a claimant’s damages in a negligence action are reduced in proportion to their percentage of contributory fault. The statute also provides that a party found to be more than 50% at fault for his or her own harm may not recover any damages in a covered negligence action.

Comparative fault allegations can involve speeding, following too closely, an unsafe lane change, failing to yield, or other conduct allegedly contributing to the collision.

An insurance company’s statement that its insured was not responsible does not establish what actually happened. Police reports, photographs, vehicle damage, surveillance or traffic-camera footage, witness statements, electronic vehicle data, and accident reconstruction evidence can all be relevant to determining how a collision occurred. Representation from an experienced Miami car accident lawyer is critical when the other party is blaming the victim in any way.

Injuries and Damages After a Car Accident

Car accident injuries range from relatively minor soft-tissue injuries to fractures, traumatic brain injuries, spinal cord injuries, internal injuries, amputations, and other catastrophic conditions.

The financial consequences can extend beyond emergency room bills. Depending on the circumstances, an injured person may have medical expenses, rehabilitation costs, lost wages, reduced earning capacity, property damage, and other economic losses.

When Florida’s tort threshold is satisfied, an injured person may also seek compensation for qualifying noneconomic losses such as pain, suffering, mental anguish, inconvenience, disability, or disfigurement.

Serious injuries can create future expenses as well. Someone who needs continuing physical therapy, additional surgery, assistive equipment, medication, or long-term care may face costs long after the accident itself. A complete evaluation should therefore consider both the immediate consequences and reasonably anticipated future effects.

Investigating a Miami Car Accident

Evidence can become more difficult to obtain as time passes. Vehicles may be repaired, surveillance footage may be overwritten, witnesses may become difficult to locate, and memories can fade.

At Sotolongo Law, we work to develop a clear understanding of what happened and how the collision affected the injured person. Depending on the circumstances, that can include reviewing crash reports, photographs, video, medical records, insurance policies, vehicle information, witness accounts, and other available evidence.

Our extensive medical malpractice background also provides an important perspective in serious personal injury cases. Every significant accident claim has a medical component that is vital to proving both liability and damages. Understanding medical records and communicating with physicians and medical experts can be particularly important when injuries are complex, permanent, or expected to require substantial future treatment.

Florida’s Statute of Limitations for Car Accidents

Time is an important consideration after a car accident. Florida Statute §95.11 provides a two-year limitations period for an action founded on negligence. Different periods and exceptions can apply to particular claims, so the applicable deadline should be evaluated based on the facts.

The two-year period is significant because Florida previously provided a longer limitations period for ordinary negligence claims. For accidents governed by the current statute, an injured person should not assume they have four years to file a negligence lawsuit.

Claims involving wrongful death, government entities, minors, uninsured or underinsured motorist coverage, or other special circumstances may involve additional rules or deadlines. Insurance policies can also contain notice requirements that should be reviewed promptly.

Because missing a legal deadline can prevent an injured person from recovering compensation, it is important to have a potential claim evaluated as early as possible.

FAQs About Car Accidents in Florida

What should I do immediately after a car accident?

Seek appropriate medical attention, report the crash as required, exchange information with the other driver, document the scene if it is safe to do so, and notify your insurer. Avoid making statements accepting responsibility before the circumstances have been fully evaluated.

How long do I have to file a car accident lawsuit in Florida?

For a typical negligence claim arising from a car accident, Florida law generally provides two years to bring the action. Exceptions and different deadlines can apply, so the specific circumstances should be reviewed promptly.

Do I have to prove the other driver was at fault to receive PIP benefits?

PIP is first-party coverage and pays covered benefits without regard to who caused the crash. Eligibility depends on meeting the statutory requirements, including applicable coverage rules and the requirement concerning initial treatment within 14 days.

Can I sue the other driver for pain and suffering after a Florida car accident?

Potentially. Florida’s no-fault law restricts tort recovery for pain and suffering unless the injured person meets the statutory threshold, such as a qualifying permanent injury, significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death.

What if the other driver says I caused the accident?

The other driver’s allegation does not determine fault. Florida’s comparative fault statute requires fault to be apportioned based on the evidence. A claimant’s damages may be reduced according to the claimant’s percentage of fault, and a party found more than 50% at fault for his or her own harm generally cannot recover damages in a covered negligence action.

Because We Care® — Contact Sotolongo Law

A car accident can leave you dealing with physical pain, medical treatment, lost income, insurance disputes, and uncertainty about what comes next. You do not have to face those issues alone.

Sotolongo Law represents people injured in car accidents throughout Miami and South Florida with a high degree of care and concern. We take a personal approach to every case and work to help injured clients obtain the care and compensation they need and deserve.

We also serve all of Miami’s diverse Spanish-speaking families including Cuban, Venezuelan, Nicaraguan, Argentinian, and other Latin American and Hispanic communities throughout South Florida. Clear communication is an important part of our relationship with every client, particularly when an injury has disrupted nearly every part of daily life.

Contact Sotolongo Law for a free consultation. You pay no attorney’s fee unless we obtain a recovery for you.