Miami, FL Car Accident Lawyer

Car Accident Lawyers Serving Miami and Nearby Areas of Florida

Why Choose Bernheim Kelley Injury Lawyers?

If you were hurt in a Miami car crash, the attorneys at Bernheim Kelley Injury Lawyers have the knowledge, skills, and resources necessary to protect your rights and best interests. We take pride in helping accident victims get back on track with honesty, respect, and integrity.   

When you choose Bernheim Kelley Injury Lawyers, you can expect:

• Fierce advocacy: We know Florida law and we know what our clients deserve. When insurance companies offer unfair lowball settlement offers, we don’t back down from fighting for the full and fair compensation our clients deserve.  
• Proven experience: You only have one opportunity to pursue compensation after a serious injury; you need a law firm with proven experience in Miami. A Miami car accident lawyer has unique knowledge and understanding of the specific laws and regulations in this jurisdiction. We can provide exceptional, individualized support and provide you with accessibility and availability.  
• Real results: While we have recovered more than $1 billion in verdicts and settlements for our clients, we know that recovery doesn’t end with a check. We are committed to helping our clients receive the help and care they need long after a legal decision has been made.

We know that for our clients, this is more than just a personal injury claim; this is your life, and nothing is more important than helping you get back on track. We take pride in giving each client the individualized attention and exceptional legal representation they deserve.

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What Damages Can You Recover in a Miami Car Accident Claim?

Were you or your loved one injured in a car accident in Miami? You may be left with stacks of bills that need to be paid. It is imperative that you are able to bring a claim to seek compensation for the full extent of your damages, including economic losses and non-economic losses. Unfortunately, the big insurance companies fight to try to resolve claims for as little as possible. At Bernheim Kelley Injury Lawyers, our Miami car accident lawyers are committed to helping injured victims secure the maximum compensation. Along with other types of damages, you may be able to recover for:

• Vehicle repairs 
• Emergency room care
• Hospital bills
• Medical costs 
• Lost wages
• Loss of earning power
• Pain and suffering 
• Long-term disability 
• Permanent disfigurement
• Wrongful death

Wrongful Death Damages

If you lost a loved one to a fatal car accident, you deserve to grieve peacefully rather than hassle with a wrongful death claim. We will handle the legal work for you so you can honor your loved one’s memory with your family.

We could go after:

• Your loved one’s funeral expenses, including burial or cremation costs.
• Your loved one’s income that would have continued to contribute to the household.
• Your loved one’s pain and suffering before their passing.
• Lost wages if you took time off work to tend to their injuries.
• Loss of consortium for the loss of companionship your loved one provided.

Our car accident lawyers could file your claims or accident lawsuits on time to comply with relevant deadlines.

Understanding Comparative Negligence in a Car Accident in Miami

Florida has a no-fault insurance law in place. A minor crash—defined broadly as one that does not result in serious injuries—will be handled primarily by a driver’s own no-fault insurance policy (Personal Injury Protection). However, Florida allows injured car accident victims to file a fault-based claim after a serious crash. In a fault-based claim, our state’s comparative negligence standard could play a major role in determining liability and damages. Comparative negligence (see Florida Statutes § 768.81) is a legal concept used to determine liability and compensation in car accidents based on the degree of fault of each involved party.

Here is an example of how comparative negligence works: Imagine there was a multi-vehicle collision reported in Miami. Driver A ran a red light. However, Driver B was distracted by texting at the time of the crash. If Driver A is assigned 70% of the blame, he or she will be responsible for 70% of the damages. In effect, this means that Driver B could still bring a claim—but Driver B would bear liability for 30% of his or her own damages. Every percentage point of fault matters. If you have any questions about how to dispute car accident fault, an experienced Miami car accident attorney can help.

How Much Is My Car Accident Case Worth?

The value of a car accident case in Miami can vary widely depending on the specific details of your situation. Factors such as the severity of your injuries, the extent of property damage, and the impact on your life all play a role. It’s important not to rely on insurance companies to determine the value of your claim—they often aim to minimize payouts. Working with a skilled Miami car accident lawyer ensures you are positioned to pursue the maximum compensation, whether through a settlement or a court verdict.

Florida Damage Caps

In Florida, compensation for car accident injuries typically includes economic and non-economic damages, collectively known as “compensatory damages.” Fortunately, Florida does not place caps on compensatory damages for serious injuries caused by car accidents.

However, punitive damages—which are awarded to punish gross negligence or intentional misconduct—are subject to limits. Under Florida Statutes § 768.73, punitive damages are capped at either three times the amount of compensatory damages or $500,000, whichever is greater. In cases of intentional harm, higher caps may apply.

Maximizing Your Compensation

Insurance companies notoriously try to reduce payouts and offer settlements far below what you need and deserve. At Bernheim Kelley Injury Lawyers, we look at every way the injury has affected your life and fight for the maximum compensation to which you may be entitled under the law. Our team will aggressively pursue every dollar you deserve to ensure you have the resources you need to move forward.

How Our Miami Car Accident Lawyers Can Help 

At Bernheim Kelley Injury Lawyers, we understand how overwhelming life can feel after a car accident. That’s why we’re here to guide you through every step of the legal process. Our experienced Miami car accident lawyers are dedicated to securing the compensation you deserve. Here’s how we can help:

Investigate Your Accident

Our team begins by conducting a thorough investigation into your accident. We gather key details, such as police reports, witness statements, and accident scene photographs, to build a comprehensive picture of what happened and who is at fault.

Gather Evidence

To strengthen your case, we collect vital evidence, including medical records, surveillance footage, and expert opinions. By compiling a compelling body of proof, we aim to establish the full extent of your damages and the responsibility of the at-fault party.

File Your Claim

Navigating the claims process can be tricky, but we handle the heavy lifting for you. From ensuring all paperwork is completed correctly to meeting strict deadlines, we’ll file your claim with precision to protect your rights.

Negotiate a Settlement

Insurance companies often attempt to undervalue claims, but our seasoned attorneys know their tactics. We negotiate aggressively on your behalf to reach a fair settlement that reflects the true value of your injuries and losses.

Take Your Case to Court

If a settlement cannot be reached, we’re prepared to take your case to trial. With extensive courtroom experience, our lawyers will present a compelling argument to fight for maximum compensation in front of a judge and jury.

Keep You Up to Date

Transparency and communication are priorities for us. Throughout the process, we’ll keep you informed about the progress of your case, ensuring you understand what’s happening every step of the way.

Follow Up After Resolution

Our commitment doesn’t end when your case is resolved. We follow up to ensure you receive your compensation promptly and help address any lingering questions or concerns.

At Bernheim Kelley Injury Lawyers, your recovery is our priority. Let us handle the legal complexities so you can focus on healing. Contact us today for a free consultation.

How Is Fault Determined in a Car Crash?

Negligence serves as the foundation for assigning fault in Florida car accident cases. If you were injured in a car crash in Miami, the party whose negligent actions caused the crash–whether that be another driver or another party–can be held liable for your losses.

Various types of evidence are used to establish fault in car accidents, such as:

• Police reports
• Witness statements
• Photos and videos of the accident scene
• Expert analysis and accident reconstruction

It’s important to note that not all car accident claims in Florida are fault-based. Many claims fall under Florida’s no-fault insurance system, meaning compensation may initially come from your own insurance regardless of who caused the accident. A Miami car accident lawyer at Bernheim Kelley Injury Lawyers can guide you through the claims process, help you dispute fault if necessary, and ensure you understand your legal options.

What Are the Most Common Causes of Car Accidents in Miami?

There are approximately 170 car accidents reported in Miami-Dade County every day. These crashes can happen for a wide range of different reasons. Every incident should be investigated to determine exactly what went wrong and why it went wrong. Here is an overview of some of the most common causes of motor vehicle collisions in Miami:

• Speeding: Speeding is dangerous, and it remains far too common in South Florida. It is cited as a factor in nearly one in three catastrophic car accidents in the United States. Not only do high speeds make crashes more likely, but they also reduce the effectiveness of safety mechanisms. 
• Traffic Violations: Common traffic violations include running red lights, running stop signs, improper lane changes, and failure to yield. Hurt in a crash involving any type of traffic violation? Contact our Miami car accident lawyer today for a free consultation. 
• Distracted Driving: Almost every person has a phone in their pocket. An unfortunate consequence is that distracted driving has become a growing issue in Miami. Even a few seconds of distraction will dramatically increase the risk of a serious accident. 
• Intoxicated Driving: Alcohol and drugs impair a driver’s ability to operate a vehicle safely. Impaired driving is extremely dangerous. Among other things, intoxicated drivers have slowed reaction times, impaired judgment, and decreased coordination. All these factors drastically increase the risk of accidents.
• Vehicle Defects: In some cases, accidents are not a result of driver error but are due to vehicle malfunctions. Defective brakes, tire blowouts, malfunctioning lights, or engine failures can lead to unpredictable and dangerous situations.
• Roadway Defects: Poorly maintained roads, inadequate signage, and faulty traffic signals can contribute to accidents. Potholes, uneven surfaces, or lack of proper lighting can make driving hazardous. Municipalities must ensure the roads are safe and well-maintained.

What Are the Most Common Injuries in Auto Accidents in Miami?

Car accidents vary dramatically in their severity. While many crashes are property damage-only collisions or result in only minor injuries, other crashes can cause catastrophic or even life-altering harm to the victim. At Bernheim Kelley Injury Lawyers, we handle the full range of car accident claims in Miami. No matter how severe your injuries are, our legal team is ready to help. Some of the most common injuries reported in car crashes in Miami include:

• Bruises
• Lacerations 
• Sprains and strains 
• Whiplash
• Joint injuries  
• Broken bones 
• Traumatic brain injuries (TBIs)
• Spinal cord damage 
• Internal organ damage
• Amputations

What to Do After a Car Collision in Miami

The aftermath of a car collision can feel overwhelming. Taking the right steps after an accident is crucial for protecting your rights and building a strong case for compensation. By following these guidelines, you can set yourself up for the best possible outcome:

1. Stop Your Vehicle, Exchange Information, and Remain at the Scene

Florida law requires drivers to stop and remain at the scene of an accident. Ensure your safety by pulling over to a secure location, if possible, and exchanging contact, insurance, and vehicle information with the other driver(s). Staying calm and cooperative is key.

2. Report the Accident to Law Enforcement

Call law enforcement to report the accident. For crashes in Miami, you may contact the Miami Police Department or another appropriate agency. An official police report can serve as a vital piece of evidence in your claim, helping establish what happened and who may be at fault.

3. Get Immediate Medical Attention for Any Injuries

Your health and safety should always come first. Even if injuries seem minor, seek medical evaluation as soon as possible. Some injuries, like whiplash or internal trauma, may not be immediately apparent. A prompt medical report also provides critical documentation for your case.

4. Document the Crash

If you are able, gather as much information as possible at the scene. Take pictures of the vehicles, the accident location, and any visible injuries. Get contact details for any witnesses who may have seen what happened. This documentation can be invaluable when building your case.

5. Speak to a Miami Car Accident Lawyer Before Talking to Insurance Adjusters

Insurance adjusters may contact you shortly after the accident, but it’s important to remember they are focused on minimizing payouts. Before giving any statements or signing documents, consult with a Miami car accident lawyer. An experienced attorney will protect your rights and handle communications with the insurance companies on your behalf.

Will Insurance Cover All of the Expenses After an Accident?

In many cases, insurance can help cover some of the costs associated with a car accident in Miami, but it rarely covers everything. Florida operates under a no-fault insurance system, which means your own insurance is the first source of compensation for your medical bills and other accident-related expenses, regardless of who caused the crash. However, there are limits to what insurance will cover, and it often falls short when injuries are severe, or damages exceed policy limits. For example:

• PIP benefits may not cover long-term medical expenses or pain and suffering.
• Property damage claims may not fully cover vehicle repair or replacement costs.
• If the at-fault driver is uninsured or underinsured, recovering full compensation can be challenging.

Personal Injury Protection (PIP) Coverage in Florida

Is Florida an at-fault or no-fault state? For car accident claims, it is a no-fault auto accident jurisdiction. Each driver’s own insurance covers their injuries regardless of who caused the accident. Personal Injury Protection (PIP) is a mandatory coverage in Florida that pays up to $10,000 for medical expenses and lost wages. It kicks in after a deductible and covers 80% of medical bills and 60% of lost wages. Your initial claim is always through your own PIP policy. However, you can step outside of the no-fault claims process and file an at-fault personal injury lawsuit if you sustained serious injuries.

Property Damage Liability (PDL)

Florida law also requires drivers to carry Property Damage Liability (PDL) insurance, which covers damage you cause to another person’s property. This often applies to repairs or replacement of the other driver’s vehicle, but it can also extend to other property, such as fences, mailboxes, or buildings damaged in the accident. However, PDL does not cover damages to your own vehicle or property, leaving you responsible for those costs unless you have additional coverage.

Uninsured/Underinsured Motorist (UM/UIM) Protection

UM/UIM coverage is optional in Florida, but it can be invaluable if you’re involved in an accident with a driver who has no insurance or inadequate coverage. This type of insurance steps in to cover medical expenses, lost wages, and even pain and suffering when the at-fault driver’s insurance is insufficient to cover your damages. UM/UIM coverage also applies to hit-and-run accidents, where the at-fault driver cannot be identified.

Collision Coverage

Collision coverage helps pay for repairs to your own vehicle after an accident, regardless of who is at fault. This coverage is particularly beneficial if your car is damaged in an accident and the repair costs exceed your deductible. While not required by Florida law, many drivers opt for collision coverage to protect against the significant expense of repairing or replacing their own vehicles.

Comprehensive Coverage

Comprehensive insurance covers damage to your car from non-collision events, such as theft, vandalism, fire, floods, or falling objects. While this isn’t directly tied to accidents, it provides an additional layer of protection for incidents that can still result in costly damage to your vehicle.

Medical Payments Coverage (MedPay)

MedPay is another optional coverage that can supplement PIP benefits. It helps cover medical expenses for you and your passengers after an accident, regardless of fault, and is especially useful when PIP benefits are exhausted. Unlike PIP, MedPay can cover the remaining 20% of medical bills not covered by PIP, as well as deductibles and copayments.

Gap Insurance

If you financed your vehicle and it’s totaled in an accident, gap insurance can cover the difference between what your car is worth (its actual cash value) and what you still owe on your loan. Without this coverage, you may be stuck paying off a loan for a car you can no longer use.

By understanding the different types of coverage available, you can make more informed decisions about your insurance policy and better protect yourself in the event of an accident. If you have questions about how your coverage applies to your specific situation, the team at Bernheim Kelley Injury Lawyers is here to help. Contact us today to learn more.

What Is the 14-Day Rule?

If you’re injured in a car accident caused by a negligent driver in Florida, it’s crucial to seek medical attention within 14 days. Failing to do so may make you ineligible for compensation. Receiving treatment within this timeframe is a requirement to access benefits under your auto insurance policy.

What Happens If You Don’t See a Doctor or Get Medical Care Within 14 Days?

Your insurance provider may deny coverage through your Personal Injury Protection (PIP) benefits and reject any future injury claims. Additionally, without timely medical documentation, pursuing a third-party personal injury claim or lawsuit will likely be impossible.

A prompt and thorough investigation into the accident is essential to establish liability and gather evidence to support your case. Avoid negotiating with an insurance company on your own—your health and financial future are too important to leave to chance.

Build Your Case with a Top Rated Accident Lawyer

If your expenses exceed what insurance will pay, you may be entitled to pursue compensation through a personal injury lawsuit or claim against the at-fault driver’s insurance. A Miami car accident lawyer can help by:

• Evaluating the full scope of your damages, including medical bills, lost income, pain and suffering, and future expenses.
• Negotiating with insurance companies to seek a fair settlement.
• Filing a lawsuit if necessary to ensure you are fully compensated for your losses.

Insurance can provide a helpful starting point, but it’s often not enough to cover all the expenses after a serious accident. At Bernheim Kelley Injury Lawyers, we fight to make sure you get the compensation you need to recover fully. Contact us today for a free consultation.

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How Long Do I Have to File a Car Accident Injury Claim in Florida?

You have limited time to bring a fault-based car accident injury claim. For many years, our state had a four-year statute of limitations. However, the law has changed. Under Florida law (Florida Statutes § 95.11(3)(a)), the statute of limitations is now two years. If you fail to bring such a claim within two years of a crash in Miami, you may not be able to recover financial compensation at all. 

Note: Florida’s No-Fault law mandates that anyone injured in an auto accident must seek medical attention within 14 days of the event to qualify for Personal Injury Protection (PIP) benefits. If you fail to get medical care within this two-week period, you might lose your right to PIP coverage.

Should I Settle My Car Accident Claim—and for How Much?

It depends. A settlement for a car accident will always vary on the specifics of your accident, injuries, and the evidence available. It is essential to assess medical expenses, lost wages, and other damages before settling. An experienced Miami auto accident attorney can help.

What Is the Cost of a Car Accident Attorney in Miami?

We operate on a contingency basis in Miami car accident claims. Our firm only gets paid if we win your case or settle. You do not have to pay upfront fees or out-of-pocket costs. Our firm has interests that are fully aligned with our clients.

What Is the Role of Expert Witnesses in a Car Accident Case in Miami?

Expert witnesses can play a pivotal role in car accident cases in Miami. These professionals provide specialized knowledge to help clarify and validate certain aspects of the claim. For example, medical experts can testify about the severity of injuries and their long-term implications. In contrast, accident reconstructionists can illustrate how the accident occurred. Other experts—such as economic experts who can help quantify lost future earnings—may be called upon as well.

Can You Sue an Individual Directly for a Car Accident?

It depends. It is crucial to remember that Florida operates under a no-fault insurance system. This means that for minor crashes, each party typically relies on their own insurance for compensation without determining fault. However, in more serious accidents, an injured victim can step beyond the state’s no-fault system and sue an at-fault individual directly. Of course, claims are almost always brought against the defendant’s insurer as they typically have the means to cover damages.

How Do Miami Car Accident Attorneys Deal With Insurance Companies?

An insurance company will always put its own financial interests first. Even when you are dealing with your own insurance carrier, you cannot count on them to protect your rights. A Miami car accident lawyer will act as your advocate before the insurer. Among other things, your Miami car crash attorney can gather evidence, negotiate settlements, and ensure that your rights are protected. A top Miami auto accident lawyer will have a comprehensive understanding of the tactics insurance companies might use to minimize claims. Do not go it alone: The right Miami, FL, car accident lawyer can make all of the difference.

Miami Car Accident Statistics

Car accidents continue to be a leading cause of injuries in Florida, and Miami is no exception. Recent data from the Florida Highway Safety and Motor Vehicles (FLHSMV) reveals that Miami-Dade County reported 63,950 traffic accidents in 2023 alone. These crashes resulted in 29,802 confirmed injuries and 336 fatalities.

If you drive in Miami, it is important to understand the dangers you face every day on the road. While no one can prevent other people from driving recklessly or carelessly, you can take steps to protect yourself if an accident happens. One of the most important steps is choosing the right car accident lawyer to represent you. A skilled attorney can help you navigate the aftermath of a crash, hold negligent drivers accountable, and fight for the compensation you deserve. With the right Miami car accident by your side, you’ll have the support you need to focus on recovering and moving forward.

Contact Our Miami, FL, Auto Accident Attorney for a Free Consultation

Hurt in a motor vehicle crash in Miami? There is undoubtedly a lot that is going through your mind. The right legal representation can make the difference. At Bernheim Kelley Injury Lawyers, we know how to get results in auto accident claims. Negligent drivers and their insurance companies must be held accountable. Our Miami auto accident lawyers go the extra mile to help victims and families get real justice, real results, and the maximum available financial compensation. 

Contact us now online or at (305) 617-1111 for a FREE case evaluation with an experienced car accident attorney. With a law office in Miami, we handle car crash claims in Miami-Dade County and throughout South Florida.