Car accidents are the most common kind of personal injury that happens in Miami. However, other vehicles are just as susceptible to accidents as well. Depending on the type of vehicle, size of the vehicle, speed of the vehicle, and other variables, the car accident in Miami will be worse.
By far one of the most devastating and damaging kinds of motor vehicle accidents in Miami. Trucks are the biggest vehicles in the road at any given time and sometimes even the fastest kind of motor vehicles, especially in the highway.
A truck accident in Miami can be devastating. The sheer size combined with the speed of the truck can result in a terrible car accident in Miami.
Bicycles are quite common in Miami because of how versatile they are. You can use a bike for work, gym, and even just for casual use. Not to mention, bicycles give the most satisfaction when it comes to operating a motor vehicle. The wind in your face, zooming past cars while they are stuck in traffic, the satisfaction from the exercise. These are amazing benefits to biking.
HOWEVER, bicycles are also the most dangerous forms of transportation. There is almost no protection from the vehicle itself, and your entire body is exposed to the elements. If you get hit by any vehicle, the damages will be exponentially higher than a regular car accident in Miami.
Miami’s roads are just not meant for people. They are way too wide and allow for excessive speeds. The average speed on any given local road can range from somewhere between 35-45mph. Although to some it may not sound like much, this is actually very fast for pedestrians. If the motor vehicle is not paying attention, the pedestrian can get hit and their life can definitely be put in danger.
A release of liability is basically the terms of a settlement. As the name suggests, it will release a party from liability. If you sign a release of liability before you file suit on your case, then you will be unable to file suit. If you are already filing suit, this prevents you from filing suit again in the case of a complication.
The most important thing to do is to look through ALL the terms and agreements outlined in the release. There may be some things that you do not agree with on the release. If you don’t agree with something on the release, don’t sign it. Plain and simple. Making compromises and letting in some flexibility in to the agreement can lead to disagreements and possibly a botched case on your part because you decided to be lenient. Remember that this release outlines your case which is also financial compensation for the damages you suffered.
A diminished value claim is when you are alleging that your car may have lost value even after your car got completely repaired. Generally, a body shop will do its best to repair your car with the highest quality parts so that your car functions and continues as a car that never got in an accident.
However, this doesn’t mean that the car returns to regular value. In fact, there is no case where a car will return to regular market value after getting repaired from a car accident in Miami. This is because of the general distrust for a car that has been damaged in a car accident. Although most repair shops use ethical and quality parts to repair your car, there are a few bad repair shops that will practice unethical methods of repair.
Some repair shops will underreport the damage, use aftermarket and poor quality material, or even outright mess up the repairs on your car. When you look at a CarFax report on a used car and see damages, it is very vague. The term “little damage” or “heavy damage” are show on parts that were damaged. But that is subjective to everyone. To some people, “little damage” might mean a little dent, while to some “little damage” might mean a dent with some scratches and maybe some damaged internals.
This diminished value claim though, only stands if there is another driver that is found at fault. If YOU caused the accident, there is no claim because no one else is responsible for that incident except you. However, if there is another driver at fault that caused the damage, you may have a case for diminished value claim.
PIP stands for personal injury protection. Personal injury protection is the baseline insurance that everyone needs in Florida. It is also known as “no-fault” insurance. Basically, regardless of who is at fault after a Miami car accident, everyone is entitled to a certain amount of money so that they can get financial compensation for their property damage, bodily injury, medical bills, or even lost wages.
Of course, this only covers a certain amount. Most of the time, the financial burden it covers is up to $10,000. so if you or a loved one is severely injured after a car accident and the medical bills seems to shoot above the $10k limit, then you may need a car accident lawyer from Miami to help you get the additional financial compensation you need.
A tort is a wrongful action that leads to damages or injuries to an opposing party. The injured person is then allowed to file a suit and get financial compensation for the injuries that were caused to them. For there to be a tort action, there must be 3 underlying premises that are fulfilled. There has to be a duty, a breach of that duty, and damages that resulted from that breach of duty.
This translates to a Miami car accident as well. Everyone has a duty as a driver on the road to keep the safety of the road. When someone drives negligently or irresponsibly, there is a breach of that duty (to keep the roads safe). This negligent driving or irresponsibility can lead to injuries. This sequence of action can lead to a lawsuit. For a car accident in Miami, the damages that can result are bodily injury which can result in medical expenses. Medical expenses from surgery, treatment, and medicine can be considered a financial loss. There are also lost wages because the injuries might be so extensive that you can’t work. Obviously, this doesn’t exclude property damage.
An emergency medical condition is when your injuries are so severe and cause so much pain that without medical attention there would be serious consequences to your health, impairment to your body, or even dysfunction to your health.
There is no specific list of injuries that are listed by the law that qualify to go under this list. This does not mean that you can just put any kind of injury out there and overexaggerate into an “emergency medical condition”. In most cases, there must be an extensive and irreversible damage. Injuries such as broken bones, bleeding, and damaged internals/externals are subject to emergency medical conditions.
Lost wages is money that you can’t earn because of the Miami car accident injury that you suffered from the actual car accident in Miami. To make it easy to understand, you cannot just make up a number. For example, if you are under treatment and surgery for 5 weeks because of the Miami car accident, then you are entitled to the 5 weeks you were forced to miss. To add, if you made $2,000 a week and were forced to miss those 5 weeks, then your insurance will and should pay you those $10,000.
Lost wages doesn’t refer to just losing money at your current job. Lost wages also means money that you may lose because you are let go. Your injury may deter your employer from continuing to keep you on board, so it is possible that you are let go. In the case that you are let go, you can also file suit for the new job you get. You can also file suit for the financial compensation that you deserve for being forced into a lower-paying job. You may even file suit for the time you lost looking for the new job, or even the time you are spending without a job.
Gap insurance is the amount of money the insurance pays you for gap between the current market value of your car and the price you bought it at. However, to get this difference, your car must be considered a total loss in addition to you having comprehensive and collision coverage.
If your car is currently valued at $30,000 but you paid $35,000 when you bought it, gap insurance will pay you the $5,000 difference between the current market value and the price you bought it at.
A misconception amongst people is that gap insurance will cover other costs as well. Gap insurance does not cover repairs, compensation for financial problems as a result of the Miami car accident, actual vehicle value, loans, or any sort of payment you have paid for the car.
Loss of use is when your car is no longer of use after a car accident in Miami. This can be claimed as a total loss, but not necessarily. Loss of use can fall into two different categories: 1st party and 3rd party.
1st party insurance claim is when you file a claim against your own insurance. Although this may sound counterproductive, this is for accidents that don’t have a liable 3rd party. In most cases, you will file a 1st party insurance claim for hit-and-run accidents in Miami, damage from weather in Miami, and even after hitting an animal on the roads in Miami. These are all reasons as to why you would file a 1st party insurance claim on your own insurance company.
Now, a 3rd party insurance claim is when there is a liable 3rd party. This procedure follows torts law. If you are a victim of a car accident in Miami and it resulted in extensive injuries, you may be able to file a 3rd party insurance claim. There is a catch though. Your injuries must have been caused by the negligent driving of another party. Your financial compensation from a 3rd party insurance claim will equal the financial losses you suffered as a result of the car accident in Miami. Financial losses can be surgery, treatment, property damage, bodily injury (which results in surgery or treatment), loss of use, diminished value, lost wages, and even possibly wrongful death.
A car accident in Miami can result in devastating bodily injury. These bodily injuries can result in heavy financial losses. Surgery, especially in Miami, is not cheap. Surgery comes with other miscellaneous costs that can result in a much more expensive bill. You may need surgery for these kinds of common bodily injuries that result after a car accident in Miami:
The connective tissue like your muscles, ligaments, or tendons can be injured during a car accident. The sudden movement, also known as whiplash, can cause sudden stretching of your connective soft tissues and lead them to get injured. Common injuries like back injuries and neck injuries are mostly caused by the whiplash and are the most common injuries caused by car accidents.
When things break in your car such as glass or plastic, they can cause scrapes and cuts that can open up wounds. Not only glass and plastic, but loose objects in your car can also lead to scrapes and cuts. Pens, pencils, cups, coins, they can all cause severe open cuts. These are common, but they won’t be the worst injury to deal with. In most cases, some stitches will fix the scrapes and cuts that you sustain during a car accident.
As described in the soft tissue portion, head injury is common but it can be the deadliest. Since the whiplash can stretch your neck in crazy positions and essentially shock your brain, it can cause severe consequences. The impact of the damage is the biggest determining factor. Something as simple as a small bump to your passenger side could cause a small bump, but something as insane as a car coming at you 60mph to your driver’s side can cause whiplash that can cause a blackout and possibly a concussion. Obviously, the damages are not limited to just that. The scariest part is that head injuries don’t really show physical signs. They only show your behavior in the smallest ways and will only get worse over time.
Being the closest to the airbags, windows, and in most cases it is the body part that takes the most damages. It is common to have chest injuries such as bruising and maybe some cuts and scrapes. The worst chest injuries can be something as severe as broken ribs and possibly internal bleeding to vital organs in the chest. The seat belt itself can also cause bruising since it is meant to keep you from flying out of your car.
It is quite common to get injured in your external limbs like arms and legs. They are mostly loose and most people cover their faces with their arms. When you get in an accident, your knees and legs are under the car and can be subject to bruising, cuts, and scrapes. At worst, they can be broken or fractured depending on the severity of the car accident.