How long do I have to file a car accident claim in Miami?
You have two years from the accident date to file a personal injury lawsuit in Florida under Florida Statute §95.11(3)(a). Missing this deadline means losing your right to compensation, regardless of how strong your case is.
The clock starts ticking the day of the crash. If you're still treating for injuries or negotiating with insurance, that countdown doesn't pause. Property damage claims have a separate four-year window under Florida Statute §95.11(3)(c).
Some situations can extend or shorten these deadlines. Claims involving government vehicles may require notice within three years. Cases with minors as plaintiffs pause the clock until they turn 18.
What's Florida's no-fault insurance system, and how does it affect my case?
Florida requires Personal Injury Protection (PIP) that covers up to $10,000 of your medical bills and lost wages, regardless of who caused the crash. You file with your own insurance first under Florida Statute §627.736.
This system limits when you can sue the at-fault driver. You can only step outside no-fault and pursue a claim if you suffered permanent injury, significant scarring, or medical bills exceeding your PIP coverage.
Serious injuries like broken bones, spinal damage, or traumatic brain injuries typically meet the threshold. A lawyer can evaluate whether your injuries qualify for a lawsuit beyond PIP benefits.
How do Miami car accident lawyers charge for their services?
Most work on contingency, meaning they take a percentage (typically 33-40%) of your settlement or verdict only if you win. You pay nothing upfront and nothing if your case doesn't recover money.
The percentage often increases if your case goes to trial rather than settling. For example, a lawyer might charge 33% for a settlement but 40% if they litigate through a jury verdict.
Always get the fee agreement in writing. Ask about costs separate from fees—things like expert witness fees, medical record copies, and court filing charges. Some lawyers front these costs; others deduct them from your settlement.
What should I look for when comparing Miami car accident attorneys?
Trial experience matters most. Ask how many car accident cases they've taken to verdict, not just settled. Insurance companies offer better settlements to lawyers they know will actually go to court.
Check their track record with cases similar to yours. A lawyer who handles fender-benders may not have the resources for a catastrophic injury case involving multiple surgeries and long-term disability.
Look for local knowledge too. Miami-specific factors matter—understanding local courts, judges, and how Florida's comparative negligence law plays out in Miami-Dade courtrooms gives you an edge.
Can I still recover compensation if I was partially at fault?
Yes, under Florida's modified comparative negligence rule (Florida Statute §768.81). You can recover damages as long as you're less than 50% responsible for the accident.
Your award gets reduced by your fault percentage. If you're 20% at fault in a $100,000 case, you'd receive $80,000. Once you cross 50% fault, you recover nothing.
Insurance companies will try to shift more blame onto you to reduce their payout. A skilled lawyer counters this by gathering evidence like traffic camera footage, witness statements, and accident reconstruction reports that tell your side accurately.
What damages can I recover after a Miami car accident?
Economic damages cover calculable losses: medical bills, future treatment costs, lost wages, reduced earning capacity, and property damage. Keep every receipt and document all missed work days.
Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. These amounts vary widely based on injury severity and impact on your daily activities.
Florida eliminated the cap on non-economic damages for most injury cases in 2023. Punitive damages are rare and only apply when the defendant shows gross negligence or intentional misconduct.
How long does a car accident case take in Miami?
Simple cases with clear liability and minor injuries often settle in 3-6 months. Complex cases involving severe injuries, disputed fault, or multiple parties can take 1-3 years.
Several factors affect timing: how quickly you reach maximum medical improvement, whether the insurance company negotiates fairly, and court scheduling if you file a lawsuit. Miami-Dade courts have backlogs that can delay trial dates.
Don't rush to settle before understanding your full injury extent. Some injuries worsen over time or require additional surgeries. Once you sign a release, you cannot reopen the claim for more money.
What makes a Miami car accident case "strong"?
Clear evidence of the other driver's fault forms the foundation. Police reports, traffic camera footage, dashcam video, and witness statements that corroborate your version strengthen your position.
Documented injuries with consistent medical treatment show real harm. Gaps in treatment let insurance companies argue you weren't seriously hurt. Follow your doctor's orders and attend all appointments.
Significant damages justify the effort and costs of litigation. Cases with substantial medical bills, permanent impairment, or lost income potential warrant aggressive legal action. Minor soft tissue injuries with full recovery may not be worth pursuing beyond insurance negotiations.
Should I accept the insurance company's first settlement offer?
Rarely. Initial offers typically lowball your claim's value because adjusters know most people don't understand their case worth and need money quickly.
The first offer often comes before you've finished treatment or know the full extent of your injuries. Accepting it means giving up rights to additional compensation if your condition worsens or requires surgery.
Have a lawyer review any offer before accepting. They can calculate what your case should realistically settle for based on similar verdicts, your actual damages, and how Florida juries in Miami-Dade County value cases like yours.
What questions should I ask during a lawyer consultation?
Start with the case strategy. Ask what makes your case strong or weak, what evidence you need, and their plan for maximizing your recovery. Vague answers suggest they haven't thought through your specific situation.
Discuss their availability and communication style. Will you work with the lawyer you're meeting or get passed to an associate? How quickly do they respond to calls and emails?
Get specifics about fees and costs. What percentage do they charge? When do fee percentages increase? Who pays for expert witnesses and other litigation expenses? Understanding the financial arrangement prevents surprises later.
