Miami Car Accident Lawyers

Experienced Car Crash Attorneys Serving Florida & the U.S.

Navigating the aftermath of a car accident can be extremely challenging, from dealing with the life-changing effects of an injury to managing expensive medical bills and taking time off work to recover. Unfortunately, you may not receive the financial recovery you need to move forward without the help of a Miami auto accident lawyer. Insurance companies often go to great lengths to avoid paying accident claims, leaving injured victims to pick up the pieces on their own. 

At Stewart Tilghman Fox Bianchi & Cain, P.A., we thrive on helping our clients obtain fair compensation for their injuries. In fact, due to our limited caseload, we can devote more time, energy, and resources to our clients' cases than many other firms. With more than 100 years of collective legal experience, our team represents injured auto accident victims in Miami, as well as throughout Florida and the United States. We have been rated among the "Best Law Firms" by U.S. News for Personal Injury and have recovered hundreds of millions of dollars in compensation for our clients. 

Injured in a car crash in Miami or the surrounding areas? Call (305) 770-6335!

Who Is Liable for a Car Accident in Miami? 

In Miami, and throughout Florida, drivers are covered by personal injury protection (PIP) insurance. This means that, after a motor vehicle accident, you typically file a claim with your own auto insurance company. Your insurer should provide compensation for certain covered losses, such as medical expenses related to the crash, regardless of who was at fault.

But, sometimes, PIP coverage is not enough. Other times, it doesn’t apply, and some damages are not covered by no-fault insurance. When this happens, you could be entitled to file a personal injury claim against the liable party. This might be the other driver involved in the crash or even a third party that acted negligently, leading to the collision. 

Determining who is liable for your damages depends on the cause of the accident. By proving that negligence or wrongdoing caused or contributed to the collision, you can prove that someone else—whether another driver who was distracted, an auto manufacturer that produced a defective vehicle, or some other party—was at fault. 

Common Causes of Motor Vehicle Accidents in Miami 

One of the leading causes of car accidents in Miami is driver error. With the prevalence of technology, car accidents caused by distracted driving have skyrocketed. Even if the collision was caused by a driver's negligence, proving that they are liable for the accident can be complicated, especially if there are multiple vehicles and variables involved.

Some of the most common causes of car accidents in Miami and throughout the United States include:

• Distracted Driving: Distracted driving is extremely prevalent—and extremely dangerous. At any point in time, approximately 660,000 drivers are using their cell phones while driving. In fact, cell phone use while driving is the cause of 1.6 million crashes each year. This makes texting and driving six times more likely to cause a car crash than drunk driving.
• Speeding:  Arguably one of the most avoidable causes of accidents, speeding causes countless car crashes every single day. When a motorist drives at 10 mph over the speed limit, they may be unable to react to the flow of traffic properly. When speeding occurs at night or in poor weather conditions, the chances of a crash increase exponentially. 
• Drunk Driving: Drunk driving is the leading cause of traffic-related fatalities in the United States. Every day, thousands of people get behind the wheel intoxicated, putting innocent people at risk. According to recent data from the National Highway Traffic Safety Administration (NHTSA), one person in the U.S. is killed every 39 minutes due to drunk driving.  
• Reckless Driving: Reckless driving includes a wide range of aggressive behaviors that put others at risk, from excessive speeding to street racing to weaving in and out of lanes of traffic. Under Florida law, reckless driving is defined as driving a vehicle “in willful or wanton disregard for the safety of persons or property.” 
• Drowsy Driving: Studies have shown that drowsy driving, or driving while fatigued, can be as dangerous as driving drunk or while distracted. In 2022, nearly 700 people in the U.S. died in crashes involving drowsy driving, and tens of thousands more are injured each year due to this completely preventable problem. 

Whether you were injured by a distracted driver who was texting, or someone you love tragically passed away due to an accident caused by a reckless, inexperienced, or intoxicated driver, Stewart Tilghman Fox Bianchi & Cain, P.A. can help. Our car accident attorneys in Miami have handled hundreds of cases involving complex liability issues and catastrophic injuries. We understand the difficulties you are facing, and we have what it takes to advocate for your full, fair recovery. 

How Does Personal Injury Protection (PIP) Work in Miami, FL? 

Personal injury protection, or PIP, is a type of no-fault automobile insurance that covers your medical expenses and certain related costs after a motor vehicle accident, regardless of who was at fault. In Florida, you must have at least $10,000 in PIP coverage, as well as $10,000 in property damage liability (PDL) insurance. 

Your PIP insurance covers the following: 

• Up to 80% of all reasonable and necessary medical expenses related to your injuries 
• Up to 60% of your lost wages and/or other lost income resulting from your accident-related injuries 
• Up to $5,000 in death benefits, paid either to the deceased’s relatives or the executor of their estate 

This means that, if you were injured in a motor vehicle accident in Miami or elsewhere in Florida, you could be eligible to receive up to $10,000 for your covered losses. However, there’s a catch: to receive the full amount, you must prove that you suffered an “emergency medical condition” as a result of the crash. This must be confirmed by your medical provider, who must also confirm that the treatment you received was for that emergency medical condition. If you did not suffer an emergency medical condition, you can only recover up to $2,500 in PIP coverage. 

Additionally, PIP does not cover other losses you may experience as a result of a serious accident, such as physical pain and mental suffering, emotional distress, lost or reduced earning capacity, and other non-economic damages. To pursue these types of damages, you will have to step outside the confines of the no-fault insurance system, which is only possible under certain, specific circumstances. 

Florida’s 14-Day Rule for PIP Claims 

To file a PIP claim in Florida, you must seek medical treatment within 14 days of the accident. If you did not seek medical care within 14 days, you most likely cannot file a PIP claim or receive coverage under your PIP policy. 

Do You Have to Follow Florida’s No-Fault Insurance Rules After a Crash? 

In most cases, you are required to seek compensation after a crash via your PIP coverage. This means filing a claim with your own car insurance provider and following the rules and limitations set forth by the state’s no-fault system. However, there are some exceptions. You can file what is essentially a third-party personal injury claim against an at-fault driver or another liable party if you can prove that you suffered a “serious injury” as a result of the crash. 

In Florida, a “serious injury” is one that results in one or more of the following: 

• A permanent injury (based on a reasonable degree of medical probability) 
• A substantial and permanent loss of a vital bodily function
• Considerable, permanent scarring and/or disfigurement 
• Death  

An injury that meets one of these criteria qualifies you to pursue a personal injury or wrongful death claim against the person or party responsible for causing it. This could be a negligent or reckless driver, an auto manufacturer, or some other party that failed to act with reasonable care and regard for the safety and well-being of others. 

Miami Gap Insurance Claims for Car Accidents

If you have car insurance with comprehensive or collision coverage, you may be able to recover money from your totaled vehicle through gap insurance. In some cases, someone in a car accident may total a car that's worth less than the money they owe their lender. Let's say someone's vehicle is worth $15,000, but they owe $18,000 on the loan. A gap insurance claim reimburses you for the $3,000 difference. Our Miami car accident injury lawyers uncover dozens of opportunities like this through our investigations: avenues of potential recovery that most people are not aware of. These opportunities add up to a car accident claim that could mean the difference between a life of hardship and a life of financial security.

Want to learn about the recovery opportunities hidden in your insurance claim? Call our car accident attorneys in Miami, FL, today at (305) 770-6335, or use our short online form to schedule your free consultation.

Common Car Accident Injuries & Their Impact 

Motor vehicle accidents are among the leading causes of serious injury and death in the U.S. Every year, millions of people suffer life-changing injuries due to the careless and reckless actions of other drivers on the road. These injuries have devastating consequences, both for accident victims and their loved ones. 

Some of the most common types of injuries arising from car accidents include: 

• Amputation 
• Back and neck injuries
• Blunt force trauma
• Brain injuries 
• Burn injuries
• Crush injuries 
• Serious bone fractures
• Spine injuries 

These injuries have a dramatic impact on the lives of victims and their loved ones. In many cases, victims are not only left with exorbitant medical bills but also long-lasting injuries and impairments that permanently affect their ability to work, get around, and care for themselves. 

Understanding the Full Scope of Damages in Miami Car Accident Claims

When pursuing compensation after a car accident, it’s essential to understand the full scope of damages that may be available to you. Many people focus solely on immediate medical expenses and vehicle repairs, but the true cost of an accident can extend far beyond these initial concerns. This is why PIP coverage is often not enough, and why it may become necessary to go outside Florida’s no-fault system to recover the full amount you need to move forward.

Compensation for car accident claims can include:

• Medical expenses (short- and long-term)
• Lost wages during the recovery period
• Loss of lifetime income from injuries
• The cost of a vehicle's diminished value
• Pain and suffering
• Diminished quality of life

Our Miami car accident attorneys can thoroughly assess your case to identify all potential damages, including lost wages, future medical care, pain and suffering, loss of enjoyment of life, and even punitive damages in cases involving particularly egregious behavior by the at-fault party. By taking a comprehensive approach, we aim to secure a settlement or verdict that truly reflects the impact of the accident on your life.

Do You Really Need a Miami Auto Accident Lawyer?

Rather than asking whether you really need a car accident lawyer in Miami, it's better to ask yourself if you want to spend money paying for someone else’s mistake. Lawyers fight for compensation for medical bills, lost wages, and future treatment costs. If you’re unsure of how you’re going to pay for your medical care, you can’t afford not to have an attorney; a legal claim may be the only recourse you have to recover your losses.

Every car accident claim has two numbers attached to it: one number is the claim's actual worth—the amount you'd receive in a perfect world where all the facts are known and provable. The second number is how much an insurance company or at-fault driver will actually pay you for your losses in a car accident. The second is always smaller than the first, creating a gap. 

That gap impacts your life for decades. The gap determines if you'll need to borrow money from your parents or friends, if you'll spend the rest of your life in deep debt, or if you'll be able to provide for your spouse or children. A lawyer’s job is to get you as much as possible to give you a stable, secure future. The Miami car accident lawyers at Stewart Tilghman Fox Bianchi & Cain, P.A. empower our clients to close the gap, helping them fight for the money they need to rebuild their lives.

Why Choose Our Firm for Your Miami Car Crash Case? 

The lawyer you choose determines how big the gap is in your car accident claim. Just as importantly, the law firm you choose determines how your case is handled. Large-scale firms draw you in with big-name attorneys, then pass you off to an associate for the duration of your case. They may simply treat your case like a number because, to them, car accident claims are about quantity. These firms often file a claim under your PIP insurance for medical care and property damage, get you whatever the insurance company offers you, take their piece, and move on, leaving you to get by with a settlement that may not cover all your expenses. 

Stewart Tilghman Fox Bianchi & Cain, P.A. is different.

Our Miami car accident lawyers are part of a highly focused team. We keep our caseload small, which allows us to dedicate our resources and attention to each case. As a result, we are often able to recover far more than just PIP coverage and property loss for our clients. Our claims often include things like lost wages, lost compensation, diminished value, pain and suffering, and even the cost of your car rental. Most importantly, we handle cases like trial lawyers ought to. 

Between the few of us, our firm has resolved hundreds of jury trials and obtained even more settlements, winning hundreds of millions of dollars for our clients in the process. We prepare each case for court, forcing defendants to reckon with our clients promptly and fairly. Our auto accident law firm in Miami has handled some of the highest-profile cases in the nation's history, investigating groundbreaking, news-worthy car accident cases from coast to coast. Our team includes highly respected attorneys in the field of personal injury law, many of whom will contribute to your case in one way or another. 

If you need the sort of lawyer who wants to change your life forever, STFBC is the firm to call.

Act Fast: Seek Immediate Legal Help After a Car Accident in Miami

After a car accident, it’s natural to feel overwhelmed by the immediate need to address injuries, vehicle damage, and other pressing concerns. However, delaying legal action can be detrimental to your case. Evidence can degrade or disappear, memories can fade, and witnesses can become harder to locate over time. Additionally, Florida's statute of limitations imposes a strict deadline for filing a car accident lawsuit. As of March 24, 2023, you have just two years from the date of the accident to file a lawsuit against the liable party. By seeking legal help promptly, you can protect your rights and improve your chances of a successful outcome. Our Miami car accident lawyers are ready to start building your case as soon as you reach out, ensuring that all necessary steps are taken to preserve evidence and pursue your claim effectively.

Miami Car Accident Lawyers with 100+ Years of Combined Experience

Since 1984, our law firm has recovered hundreds of millions on behalf of our clients, many of whom suffered serious, life-changing injuries in all types of motor vehicle accidents. If we take your case, we will launch our own investigation, ensuring you aren't put at a disadvantage by the opposing side. We represent clients in Florida as well as nationwide. As a small firm with a limited caseload, we are able to devote extensive time and energy to each case. However, our size is no indication of our capabilities. We have represented clients in the Bahamas, Australia, France, England, Peru, and beyond.

For a free case evaluation, call (305) 770-6335. Our Miami car accident attorneys can help.

Miami Car Accident FAQ

How Can a Miami Car Accident Lawyer Help Me After a Crash? 

While an insurance claim can help someone recover losses from an accident, a car accident lawsuit gives them the ability to pursue a negligent party to the full extent of damages. A car accident lawyer can help a person seek compensation for medical bills, lost wages, the loss of earning capacity, pain, suffering, and so much more. In Florida, you must meet certain requirements to be eligible to file a lawsuit against the at-fault party, making it even more important that you speak to a knowledgeable attorney after an accident. 

How Long Do I Have to Talk to a Lawyer After a Car Accident in Florida?

Per the statute of limitations, you have a limited time to pursue a lawsuit after a car accident. While it's important to prioritize medical treatment, you should also start your car accident claim as soon as possible. If the accident occurred on or after March 24, 2023, you must file a lawsuit within two years. For accidents that occurred before this date, you may have four years to file for damages under the state’s prior statute of limitations. A Miami auto accident lawyer from Stewart Tilghman Fox Bianchi & Cain, P.A. can help you seek the financial compensation you deserve. 

My Insurance Company Offered a Settlement. Should I Take It?

No; often, insurance companies offer settlements quickly in the hope that a person will accept it. After receiving a settlement, however, you release the insurance company from further obligations. Speaking with a lawyer will help you decide if your settlement offer is fair and what you’ll need to recover from your accident.

How Is Fault Determined in a Car Accident in Miami?

Determining fault in a car accident involves a thorough examination of various pieces of evidence. This includes reviewing police reports, which provide an official account of the incident, analyzing statements from witnesses who observed the accident, and employing accident reconstruction techniques to understand the dynamics of the crash. Additionally, in the state of Florida, the principle of comparative negligence is applicable to your claim. This law stipulates that the compensation you may be eligible for can be adjusted based on your degree of responsibility in the accident. 

Can I Recover Compensation If I Was Partially at Fault for a Car Crash?

Yes, under Florida's comparative negligence rule, you can still recover compensation even if you were partially at fault. However, your compensation amount will be reduced by the percentage of fault attributed to you.

What If the Other Driver in the Accident Is Uninsured?

Under Florida’s no-fault insurance system, you can (and, in fact, must) seek compensation from your own car insurance provider after an accident. However, if you suffered a serious injury, you could be eligible to file a claim against the at-fault driver’s insurance company. If the at-fault driver does not have insurance, you could still potentially recover additional compensation through a personal injury lawsuit or by filing an uninsured motorist claim with your insurer if you have this type of coverage. Talk to a Miami car accident attorney at Stewart Tilghman Fox Bianchi & Cain, P.A. to learn more.