Car Accident Attorneys Getting Real Justice in Miami, Miami-Dade & South Florida
An experienced Miami car accident lawyer understands the physical, financial, and emotional devastation that can result from a serious car wreck. At Bernheim Kelley Injury Lawyers, we help you make sense of what comes next, protect your rights, and move through the legal process with steady support from start to finish.
Whether you were struck by a vehicle on the Palmetto Expressway or I-95, hurt in a collision along U.S. Route 1, hit by a speeding driver on the Ronald Reagan Turnpike or U.S. Route 441, or involved in a crash elsewhere in the Miami area, finding a steadfast, trial-ready attorney is critical for getting the compensation you need to move forward.
The team at Bernheim Kelley Injury Lawyers champions the rights of the injured and their family members, and we’re ready to take your case as far as we need to for you to get Real Results.
If you were hurt in a crash, you need a Real Advocate by your side. Contact our Miami office today online or at 305-617-1111 for a FREE, no-obligation consultation with a dedicated Miami car accident attorney. We handle car crash cases on a contingency fee basis, which means you don’t pay unless we get a successful outcome in your case.
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Miami Car Accident FAQs
You may be able to sue if your injuries are serious enough to trigger Florida’s serious injury threshold.
In many minor crashes, your own Personal Injury Protection (PIP) coverage pays certain benefits first. But when the crash causes severe harm, you could have a claim against the driver or the party that caused it.
Injuries that meet the serious injury threshold include:
- Permanent injury
- Significant scarring or disfigurement
- Loss of an important bodily function
- Death
Our car accident attorneys in Miami can review your case to determine whether you have options beyond your basic PIP claim.
Yes, as long as you’re not more than 50% at fault. Florida uses a modified comparative negligence rule (Florida Statutes § 768.81). That means your recovery can be reduced by your share of fault, but if you’re found more than 50% responsible, you generally can’t recover damages at all.
For example, if your damages are $100,000 and you’re found 30% at fault, your recovery could be reduced by 30%. That would leave you with $70,000.
Insurance companies may try to put more blame on you than you deserve. If that’s happening, talk to Bernheim Kelley Injury Lawyers before accepting their version of the crash as fact.
If you don’t seek out medical care within 14 days of an accident, your insurance provider may deny your Personal Injury Protection (PIP) benefits. In addition, the lack of medical documentation can make a later injury claim harder to prove. Without that timely documentation, pursuing a third-party personal injury claim or lawsuit will likely be much more difficult.
There is no average settlement that applies to every Miami car accident case.
Several factors can affect the value of your claim, including:
- How serious your injuries are
- Whether you need surgery or long-term treatment
- How much income you lost
- Whether you can return to work
- Whether you were partly at fault
- The amount of insurance coverage available
- The strength of the evidence
- Whether the insurance company disputes your claim
It’s important not to rely on insurance companies to determine the value of your claim; they often aim to pay out as little as they can. Working with a skilled Miami car accident attorney at Bernheim Kelley puts you in a better position to recover the compensation you need, whether through a settlement or a court verdict.
You should only settle your claim if the offer reflects the full cost of what happened to you, including your medical bills, lost income, future care needs, and the ways the crash has affected your daily life.
Once you accept a settlement, you usually can’t go back and ask for more later. Before you sign anything, have our team review the offer and help you decide whether it’s fair or whether the insurance company needs to do better.
Bernheim Kelley Injury Lawyers handles car accidents on a contingency fee basis, as do most personal injury attorneys. That means you don’t pay any upfront fees, and we only get paid if we recover money for you.
You also won’t have to pay costs as your claim is in progress. That can include things like fees for records, filing costs, investigation expenses, and paying qualified experts if that’s necessary to help build your case.
Because our payment depends on your recovery, our interests are fully aligned with yours.
Usually, no. Florida PIP benefits may cover part of your medical bills and lost wages after a crash, but serious injuries can quickly exceed those limits. If your injuries meet Florida’s serious injury threshold, you may be able to pursue additional compensation from the at-fault driver or another responsible party.
Depending on your policy and the details of the accident, insurance may help cover:
- Up to $10,000 in PIP medical & disability benefits
- 80% of reasonable medical bills through PIP, up to the policy limit
- 60% of lost wages through PIP, up to the policy limit
- $5,000 in death benefits through PIP, when applicable
- Vehicle damage through property damage liability or collision coverage
- Additional losses through uninsured or underinsured motorist coverage
- Some medical costs through MedPay
- The loan balance gap on a totaled financed vehicle through gap insurance
Bernheim Kelley Injury Lawyers can help you understand what coverage applies and what options you may have.
Expert witnesses can play a big role in car crash cases. They provide specialized knowledge to help explain and support certain parts of the claim, especially when the insurance company disputes fault, injuries, or future medical needs.
Bernheim Kelley Injury Lawyers works with a network of trusted professionals, including investigators and qualified specialists. For example, we often work with medical experts who can testify about the severity of your injuries and their long-term effects on your life, accident reconstructionists who can show how the crash happened, and economic experts who help demonstrate your lost future earnings.
It depends. You have to remember that Florida operates under a no-fault insurance system. That means that for minor crashes, each party typically relies on their own PIP insurance for compensation without having to assign fault.
However, in more serious accidents, you may be able to bring a claim against the at-fault driver. In most cases, the driver’s insurance company is the one handling and paying the claim, not the individual driver personally.
An insurance company will always put its own financial interests first. Even when you’re dealing with your own insurance carrier, you can’t count on them to protect your rights.
Our Miami car crash attorneys are Real Advocates with Real Experience dealing with insurance adjusters. Among other things, we can handle all communications and negotiations to make sure you’re getting everything you’re entitled to.
We’ve seen all the tactics insurance companies use to minimize claims, and we know how to push back. And we have the resources to investigate, review the medical and insurance records, and bring in qualified professionals when needed to support your claim.
Don’t go it alone when you don’t have to. Bernheim Kelley is here to help.
There are about 164 car wrecks reported in Miami-Dade County every day (FLHSMV). Some of the most common causes of motor vehicle collisions in Miami:
- Speeding: Driving over the speed limit is dangerous and is far too common in South Florida. It was noted as a factor in nearly 1 in 3 fatal car crashes in the United States in 2024 (NHTSA). High speeds increase the risk of a crash, and they also reduce the effectiveness of safeguards.
- Traffic Violations: Common traffic violations include running red lights, running stop signs, improper lane changes, and failure to yield. All of these create an unsafe situation, typically at high speeds.
- Distracted Driving: Almost everyone has a cell phone with them. An unfortunate consequence is that distracted driving has become a growing issue in Miami. Even a few seconds of distraction can 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, impaired drivers have slowed reaction times, diminished judgment, and decreased coordination. All these factors drastically increase the risk of accidents.
- Vehicle Defects: Accidents aren’t always the result of driver error. They can be 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, faulty traffic signals, or a lack of proper lighting can contribute to accidents. Municipalities have to ensure the roads are safe and well-maintained.
Car wrecks and the details of them vary dramatically. Many crashes are property damage-only collisions or result in minor injuries; other crashes can cause catastrophic or even life-altering harm. At Bernheim Kelley Injury Lawyers, we handle the full range of auto 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 & strains
- Whiplash
- Joint injuries
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Internal organ damage
- Amputations
Real Results
- $600,000 Recovery: After a serious car crash left our client with serious injuries that required back surgery, the insurance company still hadn’t made a settlement offer. We stepped in, filed a lawsuit, and pushed the case forward. During the litigation process, our team uncovered important evidence showing our client was not at fault. Our steadfast team secured a $600,000 settlement 5 months before trial.
- $250,000 Recovery: An undercover police officer was injured after a young driver failed to merge safely, hit a semi-truck, and caused the truck to crash into our client’s vehicle. We pushed to hold the at-fault driver accountable and get support for our client, recovering $250,000.
The Real Deal
If you were hurt in a Miami car accident, your own PIP insurance may cover some medical bills and lost wages first. If your injuries are serious, you may also have a claim against the driver who caused the crash. Bernheim Kelley can help you understand what applies, deal with the insurance companies, and fight for the compensation you may be owed.
What to Do After a Car Collision in Miami
We know this may be scary and overwhelming, but taking certain steps after an accident can help protect your well-being and your rights. Try your best to take the steps you can, but know that your health comes first. We can put the pieces together later if we have to.
1. Get Checked Out
Your health comes first. Your injuries might not feel that serious at first, especially if adrenaline is high. Even if you don’t need an ambulance or the emergency room, get checked out as soon as you can at urgent care or your doctor’s office.
There’s another reason to get care fast: You generally need to seek initial medical care within 14 days to protect your access to certain PIP benefits.
2. Handle the Scene if You Can
If you’re hurt, shaken, or in an unsafe spot, don’t push yourself. Call 911 and focus on getting help. But if you can do it safely:
- Move your vehicle out of traffic, if possible
- Exchange contact info, license number, insurance, and vehicle information
- Take photos and video of the vehicles, plates, road conditions, traffic signs, traffic lights, skid marks, debris, visible injuries, etc.
- Get witness names and contact info
- Ask law enforcement how to get the crash report later
If you can’t do all of this, that’s okay. Bernheim Kelley Injury Lawyers can help piece things together later.
3. Watch What You Say to Insurance
The insurance adjuster may sound helpful, but be careful. If they ask for a recorded statement, you can say: “I’m not ready to discuss this. Please contact my lawyer.”
You may not know the full extent of your injuries yet. You may not know what the evidence shows. You may not know if the other driver is telling the truth. Let an experienced Miami car accident attorney handle those conversations for you.
4. Save Everything
Start a folder on your phone or in your email, and a physical file at home. Keep anything related to the crash, including:
- Medical records
- Treatment plans
- Receipts & bills
- Insurance correspondence
- Crash report
- A list of missed work days
- Photos of your injuries & vehicle damage
- Notes on your pain, any sleep problems, mobility issues & how your daily life has changed
These details could make a big difference later.
5. Know Your Options Before You Make Decisions
Let’s Keep It Real: The insurance company may start trying to protect itself as soon as it hears about the crash. You deserve someone protecting you, too.
A free consultation doesn’t mean you’re suing. It means you’re getting answers, support, and a options. Bernheim Kelley Injury Lawyers can deal with the insurance company and help you figure out what to do next.
Real Quick
- Florida is a no-fault state for car accident claims.
- PIP may cover up to $10,000 in medical and disability benefits.
- You generally need medical care within 14 days to qualify for PIP medical benefits.
- Serious injuries may allow a claim against the at-fault driver.
- Florida generally gives you 2 years to file a negligence-based car accident lawsuit.
- If you’re more than 50% at fault, you may be barred from recovering damages.
How Long Do I Have to File an Injury Claim in Florida?
You have limited time to bring a fault-based injury claim. Florida law puts a 2-year statute of limitations on car accident injury claims (Florida Statutes § 95.11(3)(a)). If you don’t bring a claim within 2 years of a crash, you may not be able to recover any financial compensation at all.
Remember, Florida’s No-Fault law mandates that anyone injured in an auto accident has to seek medical care within 14 days of the crash to qualify for Personal Injury Protection (PIP) benefits. If you don’t get medical care in that two-week period, you could lose your right to PIP coverage.
What Compensation Can You Recover After a Miami Car Accident?
After a Miami car accident, you may be able to recover compensation for the financial losses and personal harm caused by the crash. This could include:
- Medical Costs: Emergency care, hospital stays, surgery, medication, therapy, ongoing treatment, etc.
- Lost Income: Missed work, reduced earning capacity, and lost future earnings.
- Life Impact: Pain and suffering, emotional distress, loss of mobility, permanent injury, scarring, loss of enjoyment of life, etc.
- Property Damage: Vehicle repair or replacement and other damaged personal property.
Keep in mind that some damages are only available when your injuries meet Florida’s serious injury threshold.
What if the Crash Was Fatal?
If you lost a loved one in a car wreck, you don’t need to be struggling with a wrongful death claim. Our team can handle the legal work for you so you can honor your loved one’s memory and grieve with your family.
Depending on the case, we could pursue compensation for:
- Funeral expenses
- Lost financial support
- Pain & suffering before your loved one’s passing
- Loss of consortium & companionship
Florida Damage Caps
In Florida, compensation for your 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.
However, punitive damages, which are awarded to punish gross negligence or intentional misconduct, are subject to limits. Punitive damages are capped at either 3 times the amount of compensatory damages or $500,000, whichever is greater (Florida Statutes § 768.73). 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 push for the compensation you’re entitled to. Our trusted team will pursue every dollar you deserve to ensure you have the resources you need to move forward.
Miami Car Crash Statistics
Car crashes continue to be a serious problem here. According to the Florida Highway Safety and Motor Vehicles2024 Traffic Crash Facts Annual Report and Crash Dashboard, Miami-Dade County reported 59,978 crashes in 2024. Those crashes caused 29,351 injuries and286 tragic deaths.
If you drive in Miami, it’s 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 team to represent you. A skilled legal team can support you in the aftermath of a crash, hold negligent drivers accountable, and push for the compensation you need and deserve. With Bernheim Kelley by your side, you can focus on recovering and moving forward, while we focus on getting you Real Justice.
How Bernheim Kelley Helps After a Miami Crash
After a serious crash, you may be dealing with pain, car damage, missed work, medical bills, and pressure from the insurance company all at once. Bernheim Kelley Injury Lawyers will take as much of that weight off your shoulders as possible, while building a case that addresses what happened and what you need going forward.
We Start by Listening
Before we talk strategy, we want to understand who you are and what life looks like for you after the crash. How are you feeling? What has your doctor told you? Are you missing work? Are bills piling up? What are you worried about most? What do you look forward to?
Your answers help us build a case around your real needs.
We Deal With the Insurance Companies
Insurance adjusters may ask for recorded statements, broad medical releases, quick settlements, or answers before you’re ready. We handle communication for you, push back on low offers, and keep the insurance company from twisting your words or blaming you unfairly.
We Gather the Evidence
Successful cases are built on proof. Our team can gather police reports, medical records, photos, witness statements, video footage, vehicle damage evidence, repair records, phone records, black box data, and other key documentation when it applies.
We Look for Every Source of Compensation
Some crashes involve more than one driver, a commercial vehicle, a rideshare company, a delivery company, a vehicle defect, or even an unsafe road condition. We look for every potential source of recovery.
We Handle the Legal Deadlines & Details
The claims process can be stressful, especially when you’re trying to heal. We handle the paperwork, deadlines, insurance demands, and legal filings so your case keeps moving.
We Negotiate & Stay Trial-Ready
Most car accident cases settle, but that doesn’t mean we aren’t prepared for trial. Insurance companies know when a law firm is ready to keep pushing. We prepare your case with the trial-ready mindset needed to get a fair result.
We Keep You in the Loop
You shouldn’t have to chase your attorney down to get answers about your case. We keep you up to date, explain what’s happening, answer all your questions, and make sure you understand your options before you make important decisions.
All this is part of Keeping It Real.
– you are in good hands!
Other Miami Crash Cases We Handle
Bernheim Kelley Injury Lawyers also helps people injured in:
Types of Insurance That Could Apply
Insurance coverage can feel like a puzzle. You could be dealing with your own insurer, the other driver’s insurer, health insurance, MedPay, collision coverage, or uninsured motorist coverage at the same time. Understanding the different types of coverage can help you make more informed decisions and better protect yourself after an accident.
Personal Injury Protection (PIP) Coverage in Florida
Florida is a no-fault state. 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.
PIP kicks in after a deductible and covers 80% of medical bills and 60% of lost wages. Your injury-related claim typically starts with 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. PDL covers damage you cause to another person’s property. This usually applies to repairs or replacement of a vehicle, but it can also apply to other property, like fences, mailboxes, or buildings damaged in the accident.
However, it’s important to know that PDL doesn’t cover damages to your own vehicle or property. You’re 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 in an accident with a driver who has no insuranceor 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.
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.
If you or a loved one were seriously injured in a car wreck and are currently struggling to make sense of everything, the team at Bernheim Kelley Injury Lawyers is here to help. Reach out to us today to schedule a free case evaluation and get some Real Answers.
Real Advocacy, Real Experience, Real Justice: Call Today
If you were hurt in a Miami car crash, the attorneys at Bernheim Kelley Injury Lawyers have the knowledge, resources, and dedication necessary to protect your rights and look out for your best interests. We take pride in helping people 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 the fight for full and fair compensation.
- Proven Experience: You may only have one opportunity to pursue compensation after a serious injury; you need a law firm with proven experience. Our team has unique knowledge and understanding of the specific laws and regulations in Miami-Dade and all of Southeast Florida.
- 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 to it. We give individualized attention and exceptional legal representation.
Why Choose Us?
When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.
Contact Our Miami Car Accident Attorneys for a Free Consultation
Hurt in a motor vehicle crash in Miami? There is undoubtedly a lot that is going through your head. Compassionate and determined legal representation can make a big difference in what comes next.
At Bernheim Kelley Injury Lawyers, we know how to get results in auto accident claims. Negligent drivers and their insurance companies have to be held accountable. Our Miami car accident lawyers go the extra mile to help victims and families get Real Justice and Real Results.
Get in touch with us now online or at 305-617-1111 to schedule a FREE case evaluation with an experienced attorney. From our office in Miami, we handle car crash claims in Miami-Dade County and throughout South Florida.