When to Speak to a Miami Car Accident Lawyer After an Accident

Florida’s No-Fault insurance law provides accident victims the ability to claim financial compensation after a crash. Under these benefits, you can file a claim with your auto insurance company to collect personal injury protection (PIP) benefits. You may choose to claim PIP benefits on your own, however, there are certain circumstances when you should speak to a Miami Accident Lawyer after a crash.

PIP Benefits May Not Fully Cover Your Losses
In Miami, all motorists must purchase car insurance with a minimum of $10,000 in PIP benefits. If you have sustained a serious injury, however, it is unlikely that this will cover all your expenses. If your injury meets the permanent injury threshold outlined by the law, you have the right to file a claim directly against the at fault driver.

Filing a Claim
Filing a claim can be a complicated process and an experienced Personal Injury Accident Lawyer can help with this. Insurance companies defending the negligent party are typically reluctant to pay damages and effective legal representation can help injured parties negotiate a fair settlement.

There Was A Fatality In The Accident
If the accident involved a fatality, you would need to file a wrongful death claim. These claims are much more complicated and governed by different rules. For example, under Florida law, there is a restriction on who can file a wrongful death claim. A lawyer will help you during this difficult time by advising you of the law, handling all elements of your claim, and negotiating for the settlement you are entitled to.

The Other Side is Arguing that You Were at Fault
Following a car accident, the negligent party will typically claim that the injured accident victim was at fault. This is done so that they can avoid having to pay the full damages for the victim’s losses. Even if you were partially at fault in an accident, you may still be entitled to a portion of the damages. If the defendant is making arguments that you were at fault, it is important to work with a Miami Car Accident Lawyer who can counter these claims and allow you to receive the financial compensation that is rightfully yours.

We Can Help
If you have lost a loved one have been injured in a Personal Injury Accident, Uriarte Law can provide you the help and resources you need. Our experienced Personal Injury lawyers, experts and professionals strive for justice and fairness in the form of compensation for victims of all types of Personal Injury accidents.
Call Uriarte Law at 785-891-3614
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Is Whiplash a Serious Injury?

Whiplash is one of the most common types of car accident injuries, however, it may also occur in slip and fall accidents. Injured parties will typically feel pain and stiffness in their necks; however, symptoms may include headaches, dizziness, blurred vision, pain radiating down the arms and numbness and tingling in the hands.

Whiplash Basics
Whiplash is an injury which most frequently occurs when a vehicle is impacted from the rear. The impact thrusts the vehicle forward and the occupants’ body is accelerated forward by the seat back. Moments later, the neck muscles contract and a person’s head will snap forward before rebounding back. This back-and-forth motion is often referred to as “whiplash” because the head moves like a whip. Side impacts can also result in whiplash when the head snaps side to side.

Whiplash injuries involve the soft tissues in the neck, i.e., the muscles, ligaments, and tendons. Many people suffer from pain in their shoulders and upper back when nerves become irritated. In some cases, the whipping motion is so forceful that joints in the neck can crack, however, most whiplash victims don’t suffer a fracture.

Whiplash Severity
Some whiplash is mild, causing only temporary discomfort, however, more severe whiplash injuries result in debilitating pain making it impossible for victims to move their heads. Additional problems include severe headaches, nausea, dizziness, insomnia, and nerve damage and spinal disc herniations.

Whiplash is one of those injuries that might take a few days to fully manifest. What starts out as an ache will quickly become extreme pain. Be sure to visit a doctor whenever you feel pain following a car accident.

Whiplash Recovery
Many victims need brief rest and then a course of physical therapy to rehabilitate the soft tissues of the neck. Medical pain management is often helpful in managing a victim’s pain.Surgery is rare but might be required for severe cases.

The Cost of Whiplash
Whiplash is very disruptive and accident victims are often in so much pain that they cannot work or perform their normal daily activities.

Medical care can be expensive, especially if you need months of rehabilitation or surgery. The $10,000 in personal injury protection (PIP) benefits is often insufficient to cover the full loss of income and medical expenses and won’t compensate victims for the pain and suffering they endure. A personal injury claim against the at fault party can provide a mechanism by which the victim can recover a settlement to offset these costs.

We Can Help
If you have lost a loved one have been injured in a Personal Injury Accident, Uriarte Law can provide you the help and resources you need. Our experienced Personal Injury lawyers, experts and professionals strive for justice and fairness in the form of compensation for victims of all types of Personal Injury accidents.
Call Uriarte Law at 785-891-3614

Uber/Lyft Ridesharing Accidents?

Ridesharing services have become a familiar part of our society. About 25% of the U.S. population uses ridesharing at least once a month. Uber alone has over 3.8 million drivers worldwide. Regardless of how you utilize a ridesharing service, it is important to know what steps to take if you are involved in an accident, whether as a driver or a passenger.

As in any auto accident, there are important steps you must take immediately after the accident. Uber and Lyft accidents are no different.

Steps to take if you are involved in an Uber / Lyft auto accident:
• Call the police and obtain a copy of the police report.
• Make detailed notes of the accident including the time of day, weather conditions, etc.
• Take photos of any injuries, vehicle damage, skid marks on the road, etc.
• Get the contact information of any witnesses who saw the accident.
• Do not sign anything. Speak with an experienced Uber or Lyft accident attorney, first.
• Seek medical attention.

If the Uber / Lyft Driver is at Fault
Ordinarily, when you get into a car accident while driving for work you are considered an employee, which allows your employer’s insurance to take responsibility for covering you. However, as a rideshare driver, you are not considered an employee, but rather a third-party contractor. Drivers also use their own vehicles. This limits the liability that the service can be left with if an accident occurs. Because of this, it is important to have all the details in a rideshare accident, as these will be heavily relied upon when filing a claim for financial compensation.

If the rideshare driver was determined to be at-fault for the accident and your injuries meet or exceed the state standard for “Permanent Injury” you, as the injured passenger, can file a claim against the rideshare company’s insurance policy. Florida law requires rideshare drivers, specifically Uber, to carry $1 million in insurance to cover these exact types of accidents, covering both the driver and passengers who may be injured in a rideshare auto accident.

If the Other Driver is at Fault
Since Florida is a no-fault state, drivers are required to carry personal injury protection (PIP) coverage. This insurance coverage is meant to cover your medical expenses and other non-medical related costs. However, if injuries and damages surpass the $10,000 PIP coverage, the injured party can seek payment from the negligent party’s insurance. If the other driver involved in the accident is at fault, their insurance will then be responsible for covering damages related to the accident. If the at-fault driver is uninsured, the rideshare company will typically use uninsured motorist coverage to cover damages. If the at-fault driver has insurance but their policy limit does not cover all damages, services such as Uber and Lyft have underinsured policies to cover the remaining damages.

Florida Law Provides Protections for Uber & Lyft Accident Victims
Florida law provides important protections for passengers and drivers who are injured in accidents involving Uber and Lyft rideshares. If you were seriously injured in an auto accident involving an Uber or Lyft ride-sharing vehicle, you may be entitled to substantial compensation. These companies are required to carry additional insurance beyond the state’s minimum requirements. Keep track of your symptoms (both physical and mental) as they occur. If anything feels normal or out of the ordinary, make sure you document that fact and inform your doctor. Do not sign off on any settlement initially offered by your insurance (or the other driver’s) insurance company, before speaking with an attorney, first.

We Can Help
If you have lost a loved one have been injured in a Personal Injury Accident, Uriarte Law can provide you the help and resources you need. Our experienced Personal Injury lawyers, experts and professionals strive for justice and fairness in the form of compensation for victims of all types of Personal Injury accidents.
Call Uriarte Law at 785-891-3614