Hurt in a Coral Gables Car Accident? You Do Not Have to Figure Out the Next Step Alone.

Coral Gables Car Accident Lawyer | CHG Personal Injury

If you were hurt in a car accident in Coral Gables, you may have a claim against the at-fault driver. This page explains how a Florida car accident injury claim works. We use plain words.

This page covers Florida’s no-fault PIP coverage, the permanent-injury rule for pain and suffering, and filing deadlines. Each case depends on its own facts.

Drivers in nearby Fontainebleau face many of the same Florida rules.

What a Car Accident Injury Claim Is and Who It Can Help

A car accident injury claim asks the at-fault driver to pay for losses caused by the crash. The claim goes through that driver’s liability insurer or a court.

It is separate from your own personal injury protection (PIP) coverage. PIP is a different part of your auto insurance.

Generally, the injured person brings the claim. That can include a driver, passenger, pedestrian, or cyclist. It depends on the facts.

If a crash causes a death, the family may have a wrongful-death claim. Under Florida law, the personal representative brings the action. That person manages the estate of the person who died. They act for the surviving family members and the estate (Fla. Stat. § 768.20).

Some crashes cause spinal cord injuries, paralysis, traumatic brain injuries, amputations, severe burns, or catastrophic back or neck injuries. These cases raise added questions. You can read more about catastrophic injury claims.

Common Crash Situations on Coral Gables Roads

Crashes on Coral Gables roads can involve turns, sudden stops, and people walking or biking near shops. Common situations include:

• Turning and intersection crashes on Ponce de Leon Boulevard and Miracle Mile
• Multi-lane collisions on US-1 / South Dixie Highway
• Rear-end and sudden-stop collisions in stop-and-go traffic
• Pedestrian and bicycle crashes near crosswalks, shops, and restaurants
• Crashes involving commercial trucks, rideshare vehicles, or motorcycles, which may raise questions covered in truck accident and motorcycle accident claims

Each crash has its own facts. The crash report, traffic signals, and witness accounts can all help show who was at fault.

What a Florida Car Accident Claim May Cover

A Florida car accident claim may cover economic losses. In some cases, it may also cover pain and suffering. Your facts and your documentation decide what applies.

Economic losses are money losses. Examples include medical bills, lost income, and out-of-pocket costs. These may be recoverable when you can document them.

Pain and suffering has a limit. In a Florida motor-vehicle claim, whether pain, suffering, mental anguish, or inconvenience may be recovered depends on the facts of each case and on Florida’s legal requirements, including a permanent-injury threshold. Under Fla. Stat. § 627.737(2), pain and suffering damages in a Florida motor-vehicle claim generally require that the injury meet one of the permanency criteria listed in the statute:

• significant and permanent loss of an important bodily function;
• permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
• significant and permanent scarring or disfigurement; or
• death.

Comparative fault may also reduce what you recover (Fla. Stat. § 768.81(6)). It is explained below.

PIP benefits are described in Fla. Stat. § 627.736. An insurer may not have a lien on a tort recovery for PIP benefits. A lien is a claim on your money. You generally may not recover damages for which PIP benefits are paid or payable.

Insurers are part of most claims, but Florida limits direct suits. Under Fla. Stat. § 627.4136, a person not insured under the at-fault driver’s policy generally must first get a settlement or verdict against that insured driver. A verdict is a court’s decision. Only after that may they sue the liability insurer.

For families, a surviving spouse may recover for loss of the decedent’s companionship and protection. A surviving spouse may also recover for mental pain and suffering (Fla. Stat. § 768.21).

Florida Deadlines and Rules to Know Early

For negligence claims that accrued after March 24, 2023, Florida’s filing deadline is generally two years. “Accrued” means the claim began. Exceptions apply. Confirm how Florida’s filing deadlines apply to your facts.

Under Fla. Stat. § 95.031, a legal claim generally accrues when its last required event occurs. The accrual date can affect which deadline applies.

Florida’s comparative fault rule is in Fla. Stat. § 768.81. Comparative fault means sharing in the blame.

• Fault shared by the injured person generally reduces the amount of damages. Recovery may still be possible unless the injured person is found more than 50 percent at fault, subject to exceptions.
• For negligence actions filed after March 24, 2023, Fla. Stat. § 768.81(6) generally bars recovery by a claimant found more than 50 percent at fault for their own harm, subject to the statute’s exceptions.
• Medical negligence cases are handled differently under that section.

Early steps can help. Keep your crash report, photos, treatment records, bills, wage records, and copies of any insurer letters. Be careful about what you put in writing about fault.

These are general rules. Your deadline and rights depend on the facts of your case.

How the Process Works, Step by Step

The process starts with a free, confidential first consultation. You have no obligation to continue. From there, the work usually moves through five steps.

1. First consultation. We review what happened, your injuries, and any insurer contact. You decide whether to move forward.
2. Records. We help gather the crash report, medical records and bills, wage records, and any photos or witness names.
3. Insurer requests. Under Fla. Stat. § 627.4137, an insurer must provide a sworn statement within 30 days of a written request. The statement lists its name, its insureds (the people it covers), and its policy limits (the most it pays). It must also provide a copy of the policy.
4. Evaluation. We look at fault, injuries, documentation, and the Florida rules above. Some cases call for medical opinions or other professional witnesses.
5. Negotiation or suit. Some claims resolve through negotiation. Others may require filing suit in a Florida court. Timing varies, and no timeline can be promised.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Why Work With CHG Personal Injury Lawyers

CHG Personal Injury Lawyers is a Florida-based firm. We represent clients throughout Florida.

• The practice focuses on serious injury cases, including catastrophic injuries, truck accidents, and car accidents.
• Igor Hernandez is the responsible lawyer for this page. He is admitted as a member of The Florida Bar.
• Our team includes support staff. They help organize records and keep clients informed about their case.
• This page does not include case results or testimonials. Each case depends on its facts. No outcome can be promised.

Your Questions About Car Accident Claims, Answered

What percentage does an accident lawyer take? CHG charges no attorney’s fees and no case costs unless there is a recovery.

Is it worth suing after a car accident? That depends on your injuries, documentation, fault, and the Florida rules above. A consultation can help you review your facts.

What is the hardest injury to prove? Proof depends on medical records and the facts of each case. No injury type is easier or harder to prove in every case.

What should I avoid saying to an insurer? Stick to accurate facts. Avoid guessing about fault or injuries. Consider talking with a lawyer before you give a recorded statement.

Do I have to go to court? Some claims resolve without a trial. Others may require filing suit. It depends on the facts and what happens in negotiation.

Talk With a Coral Gables Injury Lawyer Before You Sign Anything

If you are still in treatment and an insurer has sent you forms, a free, confidential first consultation can help. It can help you understand your options.

Picture being hurt on Miracle Mile. You are still seeing doctors. Then you get a call asking for a recorded statement. You do not have to make those decisions alone.

Contact CHG to arrange your free, confidential first consultation. You have no obligation to continue.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Results depend on the facts of each case, and no outcome can be promised.