Miami Car Accident Attorney
Viñas & DeLuca Miami Injury Lawyers handles all forms of motor vehicle accidents including those involving pedestrians, motorcycles, buses, tractor-trailers, and commercial vehicles. If you need a car accident attorney in Miami, our legal team will aggressively fight for your right to compensation.
We are available 24/7 to take your call. For a free case review, dial (305) 372-3650.
Call a Car Accident Attorney in Miami Before It’s Too Late
If you or a loved one was involved in a Miami car accident, waiting to call an attorney will not help your case, but it might seriously impair your ability to prevail in a lawsuit. The sooner you contact us, the sooner we can investigate your case and begin preserving and analyzing critical evidence.
As time passes, accident scenes change, eye witness accounts waver, vehicles are salvaged, tire marks disappear, “black box” and electronically stored data may be erased, and other important evidence might become hard to obtain. Serious collisions often result in vehicles being salvaged because they are a “total loss.”
If contacted in time, our auto accident lawyers will obtain and store the vehicles involved in your crash so that forensic engineers can photograph, measure, and analyze accident scenes, vehicular crash damage, tire marks, tread depth and paint transfers, all of which may be crucial to presenting and winning your case at trial. Time is of the essence.
Our Auto Accident Lawyers Can Help Prove Negligence
Negligence on the road endangers us all. Despite considerable advances in federal motor vehicle safety standards, motor vehicle negligence – such as speeding, texting while driving, distracted driving, intoxication, and fatigue – continues to cause needless injury and death each day.
More and more people use cell phones while driving as those devices are capable of performing more and more functions. They are no longer limited to just calling, texting, and e-mailing.
Cell phone use is just one example of negligence that can lead to a serious wreck. Our Miami car accident lawyers can investigate your case and compile the evidence needed to prove negligence against the liable party.
The Insurance Company May Dispute Your Claim
When you have been injured in a car accident, there’s no guarantee that the insurer will believe your version of events and offer a fair payout. In fact, you should expect the claims adjuster to scrutinize every aspect of your case to deny the claim or undervalue it.
Despite being governed by strict laws, Florida insurance companies use all manner of tactics to reduce the amount of compensation they pay out to Miami auto accident victims. Examples include:
- Soliciting a Statement: You or your car accident lawyer will be required to provide a statement to the insurer. It is always better to leave this to your attorney because the adjuster may ask questions with particular phrasing to elicit a response from you that can be used to challenge the claim.
- Offer a Low Settlement: When costs are building up after a South Miami car accident, you can experience an urgency to get hold of cash as soon as possible. Insurance companies are aware of this and may use your desperation to get you to settle for a quick payment. Once you sign the release, you are no longer able to recover any new medical expenses that may arise from your injuries down the line. Always speak to an auto accident lawyer before agreeing to any settlement amount from the insurance agency.
- Monitoring Your Social Media: Your online accounts may be scrutinized to find posts that bring liability or damages into question. Our car accident attorneys in Miami advise injury victims to disable their social media accounts until the conclusion of their case.
Free Consultation with a Car Accident Attorney Near You
It’s important that you find a personal injury lawyer with whom you feel comfortable working. Our car accident attorneys in South Miami can come to you if you are unable to come to us. We keep our phone line open 24 hours a day, 7 days a week for your convenience.
What Will Happen During My Free Consultation?
If you want a free consultation with an auto accident lawyer, call our law firm to speak with a member of our team. Our attorneys in Miami will answer your questions and help you create a strategic plan to approach negotiations with the insurance company and the broader legal system.
None of us expects to be the victim of a car crash. Unfortunately, accidents happen. To understand exactly what your rights are, it is important to speak to a personal injury lawyer soon after your accident. The consultation is free, and you won’t be charged any fees unless you win.
After you schedule the consultation, it’s a good idea to prepare for your meeting with the lawyer. Here are a few questions to ask yourself when preparing:
- What Will the Lawyer Ask? Be prepared to answer a set of questions from your Miami car accident attorney. You will be asked questions so your legal team can get a better picture of what happened and determine the strength of your case. You should expect to be asked questions such as: Do you have photos of the incident? Can you explain the details of the accident? Were there witnesses? How serious are your injuries and what medical care have you received?
- What Should I Ask the Lawyer? Once the auto accident lawyer has asked you their questions, you will have a chance to put forward any questions you have. Asking these questions can put your mind at ease. Examples include: Have you worked with cases like mine? How is your track record of settlements for personal injury claims? Is it difficult to contact you? What is your fee structure?
- What Documents Should I Bring? There is some preparation you will have to do ahead of time to get the most out of your initial personal injury consultation. This means gathering and organizing all records and documents pertaining to your accident and injuries. These will include letters from the insurance company, police report, medical records, statements from doctors, and all receipts for expenses involved.
What Makes a Strong Auto Accident Case?
If you get injured because of another person’s negligence, you have a legal right to claim for reasonable damages that you incur as a result. But how can you be certain that you even have a strong auto accident case? The best way to find out is to speak with a car accident lawyer who offers free consultations.
Your claim will ultimately rely on three elements: liability, causation, and damages. When your lawyer explains the significance of these elements they may use the following terms:
- Duty of Care: In many vehicular accident cases, it’s fairly easy to prove that the defendant owed the plaintiff a duty of care. That’s because all drivers have a responsibility or duty to drive in a way that does not endanger other road users, be they pedestrians or other drivers. To prove that a negligent driver caused your crash, you would need to prove duty of care, which simply requires you to establish that the defendant was in fact driving, or otherwise owed you a duty of care.
- Breach of Duty of Care: This determines how the liable person’s actions, or lack thereof, cause you to get injured. For example, if a speeding car that runs a red light hits you, that driver’s decision to disregard traffic laws constitutes a breach of duty of care. This may be proven using eyewitness testimony, camera footage, and other evidence.
- Injury or Loss: Unless you have actually suffered an injury or loss, you will not have grounds for lodging a personal injury claim. With that said, there are three categories of damages (economic, non-economic, and exemplary) that you may recover in a claim. It is therefore a good idea to keep a journal of lost wages and medical bills for economic damages, and document your pain and suffering for non-economic damages. While exemplary, or punitive damages, are rarely recoverable, you may have a chance if the defendant was under the influence of drugs or alcohol when they crashed into you.
Contact a Miami Car Accident Lawyer
Our auto accident attorneys can help you navigate the legal system, avoid mistakes, and fight for the compensation that you and your family deserve. For a free, no-obligation consultation, call our 24-hour phone line at (305) 372-3650, or fill out our contact form.