Streets and highways are increasingly congested with motor vehicles, to the extent that it is almost inevitable a driver will get into a car accident at some point.
Even if a crash seems relatively minor, it could cause property damage, physical and emotional injuries, and substantial inconvenience.
State laws establish a complex system for settling car accident claims and navigating the process without professional help is unwise. A Miami Gardens car accident lawyer can help an individual identify responsible parties, collect evidence of negligence, and demand appropriate compensation for their losses. Reach out to a Miami Gardens personal injury attorney like David Fuchs today to learn more and get started.
How Does Car Insurance Work in Miami Gardens?
State law establishes a no-fault car insurance system, which means that a driver must first turn to their own insurance to cover their injuries and lost wages. According to this system, all drivers are required to have a minimum of $10,000 of personal injury protection (PIP).
A driver’s PIP will cover them if they are actively driving, riding as a passenger in another vehicle, or if a car hits them while they are walking or bicycling. A driver’s PIP will also cover passengers in their own vehicle.
An injured person must see a medical professional and be diagnosed with an emergency medical condition resulting from the accident within 14 days to access the full $10,000 of PIP coverage. Even if the injured person receives a timely diagnosis, PIP only covers 80 percent of their medical expenses and 60 percent of their lost wages, up to policy limits. Understanding the intricacies of the PIP system can be challenging after a car wreck, but a skilled Miami Gardens lawyer like David Fuchs is here to help.
When Can You File a Claim Against a Negligent Driver?
If a car collision results in more damage and injury than PIP covers, a plaintiff should understand that they can then turn to the at-fault driver’s policy to seek reimbursement for their losses.
The at-fault driver is personally liable for losses insurance does not cover. If an injured person has exhausted the at-fault driver’s coverage limits and their uninsured/underinsured motorist coverage, they then could seek damages in the courts. However, in many cases, the claim would be limited to the balance of the injured person’s medical expenses, lost wages, and diminished future income.
In addition, there might be little point in taking an at-fault driver to court if they do not have sufficient assets to pay an injured person’s claim. A Miami Gardens attorney could advise an injured person about the best next step when insurance coverage does not fully compensate their car accident losses.
Seeking Pain and Suffering Damages in Court
In most negligence cases, an injured person can seek damages for their physical pain, disability, disfigurement, emotional suffering, loss of companionship, and the other intangible effects of an injury. These are called non-economic damages. However, state law might restrict many car accident victims from recovering non-economic damages.
According to Florida Statute §627.737(2), someone injured in a vehicle accident can only sue for non-economic damages if their injuries are severe. To meet the law’s threshold, an injury must cause a:
- Loss of a significant body function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
A tenacious lawyer in Miami Gardens can help a car accident victim demonstrate their injury is severe enough to warrant receiving non-economic damages. A legal professional could gather medical and pharmacy records, expert witnesses, and testimony from the victim and their family to prove that the injury in question caused significant or permanent harm.
Trust a Miami Gardens Car Accident Attorney with Your Claim
The liability system for motor vehicle accidents in Florida complex, and it could be challenging for you to understand the full extent of compensation you deserve after a crash. A Miami Gardens car accident lawyer knows the rules and understands how to ensure you get the compensation you deserve. Do not delay seeking advice. Call a local legal professional to discuss your case today.
Hundreds of Millions of Dollars Recovered for Clients
Hundreds of Millions of Dollars Recovered for Clients
Testimonials
Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.
Google Review
It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!
Google Review
I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!
Google Review
Google Review
I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.
Google Review
Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!
Google Review
At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.
Google Review
…took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.
Google Review
I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.
Google Review
The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.
Google Review
It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.
Google Review
I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!
Google Review
A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.
Google Review
David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.
Google Review
I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
They did take care of my case all went good and successful thank you so much for all your help.
Google Review
Google Review
I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.
Google Review
Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.
Google Review
I want to thank the office of David Fuch’s. A+++++ recommended.
Google Review
They were very helpful. I could not have asked for a better team by my side.
Google Review
I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.
Google Review