Understanding How “Winning” Works in a Miami Car Accident Case
A successful car accident claim in Miami does not always result in a court verdict. Claims are often resolved through a negotiated, fair settlement that is agreed upon, and your attorney feels fairly compensates you. Frequently, insurance companies prefer to settle out of court to avoid a trial.
When you decide to pursue a case after a car accident, there are usually two main outcomes: a settlement or a trial verdict. A settlement might be lower if you try to negotiate your claim without an attorney’s help. Securing a settlement that covers all your damages typically requires clear proof of liability, solid documentation, and skilled legal advocacy.
If a fair settlement can’t be reached, we won’t accept it. Instead, we will proceed to trial. From the start of our representation, we begin preparing for trial, gathering evidence, and developing a personalized legal strategy.
The car accident attorneys at Payer Law have a reputation for never backing down to insurance companies and for our dedication to securing fair compensation for clients. Your attorney will manage every part of your case, from investigating the accident and collecting evidence to handling all communications with insurers, negotiations, and trial preparations.
What Affects the Odds of Winning a Car Accident Lawsuit in Miami
Certain factors can influence the success of your car accident lawsuit, whether legal or factual, such as a lack of evidence or insurance companies attempting to use your words against you. An attorney can protect your legal rights and help you build a stronger case than you could on your own.
Strength of Evidence
Your evidence’s strength, quality, and quantity can influence your chances of winning your case in Miami. Having police reports, medical records, witness statements, photos, and expert witnesses like accident reconstructionists and their reports can all help build the credibility of your case. Obtaining medical documentation of care and establishing a connection between injuries and the collision are also essential for any accident claim.
Fault and Comparative Negligence
Florida is a no-fault state for car accidents, meaning you can get compensation regardless of who is at fault. Drivers must have at least $10,000 in personal injury protection (PIP) and property damage liability insurance. After a crash, you will file a claim with your insurer for the first $10,000 of damages, but if your damages exceed this, you may be able to seek further compensation.
Under Florida’s modified comparative negligence law, you can still receive compensation if you are less than 51 percent responsible for the collision. If you share some fault, your recovery amount will be adjusted based on your percentage of blame. For example, if you’re 20 percent at fault, you can only recover 80 percent of the damages, so your $100,000 award would be $80,000.
Insurance Company Resistance
Insurers and adjusters are highly trained to reduce payouts and often use proven tactics to take advantage of you, turn your words against you, or delay resolving your claim. They frequently challenge liability in an accident or try to lower their payments to cut costs.
Having someone to advocate for you can make a big difference. It helps prevent these companies from taking advantage and settling for less than you deserve. When you work with an experienced lawyer, you’re protected from unfair offers and gain a strong negotiator who will stand up to insurance companies and fight for your best interests.
Medical Treatment and Proof of Injury
According to Florida laws, you must get medical care within 14 days of an accident to claim the medical expenses through personal injury protection insurance. If you’re injured from a collision, ignoring medical advice can significantly hurt a case’s value. Victims of an accident still receiving medical care for injuries may also impact the perceived value of your damages.
Typically, waiting until you’ve achieved maximum medical improvement (MMI) before filing a lawsuit is best. This allows you to accurately calculate all your medical expenses and lost wages afterward. Your doctor will identify when you’ve reached MMI, meaning your condition is unlikely to improve.
If you suffer from a permanent disability or long-term injury, it may not be realistic to wait for this point to file, and you might need to estimate your future expenses and lost earning potential. If not, you should wait to reach MMI before pursuing a lawsuit.
Representation and Legal Experience
With over 30 years of experience in Miami, James D. Payer and the team at Payer Law have built a reputation backed by a proven track record of aggressive and compassionate advocacy for helping car accident victims. We’ve recovered over $100 million in damages for our clients and will do everything possible to help reach a favorable outcome and tilt the odds in our clients’ favor.
Payer Law handles every case with genuine care and attention, big or small. We treat every client like family and stand firm against insurance companies pushing you around.
What You Can Do To Improve Your Chances of Winning
If you’re injured in a car accident, there are steps you can take to strengthen your claim before or during litigation. To protect your right to recover medical expenses, you should seek medical care within 14 days of the collision, follow all of your doctor’s orders, attend follow-up appointments, and keep records of all treatments you receive.
It’s best to avoid discussing the accident or your injuries on social media. Remember, anything you share publicly could potentially be used by insurance companies against you to lessen or deny your claims. Keep thorough records of all expenses related to the accident and your injuries, including any lost income and interactions with insurers. Before making any recorded statements to the insurance companies, it’s wise to speak with an attorney first, ideally as soon as possible, so you’ll have more time to prepare your claim and protect your legal rights.
Let our car accident attorneys at Payer Law assist you. Take the time you need to heal—we’ve got the rest covered for you.
How Payer Law Improves Your Odds of Winning a Car Accident Lawsuit in Miami
Working with Payer Law Personal Injury Lawyers means you will have an attorney and team that will investigate every detail of your case, from crash reconstructions and witness interviews, and do all we can to build you a winning case. Our team is skilled negotiators who will fight for you, full compensation, and never accept quick, lowball settlements.
You will always have personal, one-on-one access and communication with your attorney and receive frequent case updates throughout your claim process. We also offer bilingual services for Spanish-speaking clients.
Our attorneys have a strong history of assisting car accident victims, supported by hundreds of five-star reviews, successful case results, and more than $100 million recovered in damages. We’re committed to doing our best to achieve the best result for you.
Ready to find out what your case is worth? Schedule a free consultation by contacting us or calling our Miami office at (305) 363-7099 today. It pays to call Payer.
FAQs
What if I’m partially at fault for the crash?
Florida is a no-fault state, so you can get compensation regardless of fault. Drivers need at least $10,000 in PIP and property damage insurance, and after a crash, you can file a claim with your insurer. If you’re less than 51 percent responsible for the accident, you can receive compensation that is reduced by your percentage of fault.
How long does a car accident lawsuit take to resolve?
Every car accident lawsuit varies, and the time it takes to resolve depends on the case’s complexity and the severity of your injuries. It could take anywhere from a few months to a couple of years. Your case might settle faster in Miami if it’s more straightforward, or it could take longer if more factors affect the outcome.
Can I win without a lawyer?
Yes, it’s possible to win a car accident lawsuit without a lawyer, but handling a case on your own can be difficult, complex, and time-consuming. Consulting a personal injury attorney can help you better understand your case, evaluate potential settlement offers, and ensure any agreement fully covers your damages and expenses.
