Hurt in a Car Accident in Miami Gardens? Here Is What to Do Next

Car accidents in Miami Gardens can change a family’s week in seconds. If you were hurt in a crash, get medical care and keep good records. Florida also has its own rules for insurance, fault, and deadlines, and those rules shape what comes next.

If you have sat in traffic on Miami Gardens Drive at rush hour, you know how quickly an ordinary drive can turn. This guide explains the steps that matter, in plain language. It is written for drivers, passengers, and families. CHG Personal Injury Lawyers is a Florida-based firm. Igor Hernandez is the responsible attorney.

What should you do first after a car accident in Miami Gardens?

Your health comes first. Get medical care as soon as you can, even if you feel fine at the scene. Follow your doctors’ care closely.

If anyone is hurt, call 911. Stay at the scene when it is safe. Ask the responding officer for a report number. Take photos of the vehicles, the road, traffic signs, and any visible injuries. Write down the names and phone numbers of witnesses. Collect the other driver’s insurance information.

Keep a file for everything. Save every medical bill, receipt, prescription, and note about missed work. Write down how the crash happened while you still remember it clearly.

Some symptoms can appear hours or days after a crash. Tell your doctor exactly what happened and where you hurt. Your medical records will show how your injuries developed, and they matter to any claim.

How does Florida no-fault insurance (PIP) work after a crash?

Florida is a no-fault state for auto injury claims. Fla. Stat. § 627.736 sets out the basic rules.

Under Fla. Stat. § 627.736(1), personal injury protection (PIP) provides up to $10,000 in medical and disability benefits, and a separate $5,000 death benefit is paid in addition to that amount. Medical benefits are limited to $2,500 unless a qualifying provider determines that an emergency medical condition exists (§ 627.736(1)(a)), and PIP pays a percentage of medical expenses and lost income rather than their full amount. The key limit is timing. Initial medical services must be received within 14 days of the crash for PIP benefits to be payable. The statute has exceptions, so ask a lawyer about your dates.

Whether your losses go beyond PIP turns on the facts of your crash and Florida law.

How can families get a crash report in Florida?

Ask the law enforcement agency that responded to the crash how to request a copy of its crash report. Ask early, because a report can take time to become available.

A crash report may list the vehicles and people involved, any citations, and a diagram or narrative of the scene. It is one piece of evidence. Photos, video, witness statements, and medical records also help show what happened.

If someone you love was killed or cannot speak for themselves, keep track of the details you already have. Write down the officer’s name, the report number, and the date of the crash in one place. Organized notes make every later conversation easier.

How does Florida’s fault rule affect a crash claim?

Florida uses a modified comparative negligence rule, which splits fault by percentage. Under Fla. Stat. § 768.81, a person found more than 50 percent at fault for their own harm may not recover any damages.

Comparative negligence (shared fault) means each party’s share of blame can matter, depending on the facts and applicable Florida law (Fla. Stat. § 768.81(6)). The same statute says a court enters judgment against each liable party based on that party’s percentage of fault. It does not use joint and several liability.

Under subsection (6) of Fla. Stat. § 768.81, the rule that bars recovery when the injured person is more than 50 percent at fault does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766. Whether this exception applies depends on the facts of the case and applicable Florida law. Those cases follow different rules.

Insurers and other drivers may dispute who caused the crash. Be careful about what you say at the scene and to adjusters. Avoid guessing about fault, even if you think you know what happened.

What are the deadlines for a Florida car accident claim?

Florida’s filing deadlines for negligence claims depend on the type of claim and the facts of the case, so it is important to contact a lawyer promptly.

Other claims follow different timing. Wrongful death claims, medical malpractice claims, and claims involving a government vehicle or agency each have their own rules. Claims against a government entity follow Fla. Stat. § 768.28, which sets its own limits and requirements.

Deadlines can be shorter than they look. Don’t assume you have plenty of time. Contact a lawyer promptly so the timing can be checked against your facts.

What should families know about serious injuries and wrongful death?

When a crash causes a death, Florida law lets the family pursue a wrongful death claim. Under Fla. Stat. § 768.20, the decedent’s personal representative brings the action for the survivors and the estate.

Survivors may recover certain losses. Fla. Stat. § 768.21 lists categories such as lost support and services. A surviving spouse may also recover for loss of companionship and for mental pain and suffering.

Some crashes cause injuries that can change a person’s life. These include traumatic brain injury, spinal cord injury, paralysis, amputation, and severe burns. The NINDS spinal cord injury overview explains that the spinal cord has three protective layers.

Florida also limits when pain and suffering damages are available in motor vehicle cases. Fla. Stat. § 627.737 lists categories such as significant and permanent loss of an important bodily function, and death.

Long-term care, time away from work, and changes at home raise hard questions. Write them down. Bring them to your doctors and to your lawyer.

How can CHG Personal Injury Lawyers help after a Miami Gardens crash?

CHG Personal Injury Lawyers is a Florida-based personal injury firm. The practice focuses on serious injury and wrongful death matters, including car accidents, truck accidents, and motorcycle accidents. The firm represents clients throughout Florida.

Igor Hernandez is the responsible attorney and is admitted to The Florida Bar. Our team reviews the crash facts, your medical records, and the evidence with you. Every case depends on its facts, and our office can discuss how Florida law may apply to your situation during a free, confidential initial consultation.

We cannot promise any result, because every case turns on its own facts. The first consultation is free, confidential, and carries no obligation to continue. CHG charges no attorney’s fees and no case costs unless there is a recovery.

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