What Injuries Qualify for a Lawsuit After a Miami Car Accident?

Car accidents are an unfortunate reality, especially in Miami with our busy roads, terrible drivers from all over the world, and constant construction. A crash can lead to serious personal injuries that may impact your life in unexpected ways. If you’ve been involved in a Miami car accident, its important for potential clients to understand what injuries may qualify for a lawsuit. The injuries sustained in a car accident can range from minimal to severe. Some may lead to significant medical expenses, lost wages, pain and suffering, and long-term consequences. But others may be fleeting and not worth a lawsuit. Not all car accident injuries are created equal. While it sucks to get into a car crash where you may have lost the use of your car whiles its being repaired, it does not necessarily mean you are entitled to money damages other than the vehicle repairs.

For example, if you get into a car crash and your car is totaled but you aren’t really hurt and don’t get any medical treatment, you case does not qualify for a personal injury lawsuit. In other words just be something bad happened like an accident, it doesn’t automatically entitle you to money damages. There must be some demonstrable injury caused by the car accident in order to have a viable personal injury lawsuit. Typically an injury case requires a professional diagnosis of some type of serious injury causally related to the crash along with bills and pain and suffering. And no, minor bruising, soreness, and abrasions are not not sufficient to warrant a lawsuit. Lawsuits require time and money to be invested by the parties.

At Perkins Law Offices, our experienced Miami personal injury lawyers help clients who have suffered from car crash injuries get the compensation they deserve. In this post, we will break down the various types of injuries that could qualify for a car accident lawsuit, helping you understand your options and rights if you’ve been hurt in a Miami car accident.

Understanding Car Accident Injuries and Lawsuits

In Miami, like many other places, individuals who are injured in car accidents have the right to pursue a personal injury claim for compensation if they are actually hurt. In the car accident context involving privately owned a cars, this usually means pursuing the at fault driver’s bodily insurance or your own uninsured motorist coverage. When there is a commercial vehicle involved, like a tractor trailer, Uber, delivery truck, or some other type of vehicle owned by a business entity, the injured party may pursue that company itself, if its self insured, or their insurer.

The first step is typically opening up a claim and then making a demand once all of the relevant records and documents are collected and reviewed. If no offer is made or the offer is too low, a lawsuit will then be filed. A personal injury lawyer may choose not to file a lawsuit if the damages don’t justify it even after making a demand during the claim process. The nature and outcome of your initial injury and the amount of damages that can be reasonably ascertained based on past and future medical bills, will determine your eligibility for a lawsuit. In other words, if at first you think you are seriously hurt, but it turns out that you healed quickly and you stopped treating, then it may not qualify for a lawsuit even if you initially submitted a claim.

Some injuries are more severe than others, leading to lifelong effects, while others may require immediate medical attention but don’t result in long-term damage. Not all injuries can qualify for a lawsuit so it is important for a potential client to understand this at the beginning when it is unclear what the injury is so as to not have unrealistic expectations. The best Miami car accident lawyers will be candid with you from the start and will not fill you with false hope and expectations.

Types of Injuries That Qualify for a Lawsuit After a Miami Car Accident

1. Whiplash Injury

Whiplash injuries are the most common neck involved injuries sustained in car accidents, in particular rear-end collisions. But whiplash is a bad word in the personal injury field as it has become synonymous with a minor sprain or muscle soreness as opposed to something permanent and more serious. Permanency is an integral element of a personal injury claim having real value. This is because Florida require permanency in order to be able to claim noneconomic damages such a pain and suffering and mental anguish. However, despite “whiplash” injuries having a negative connotation for not being serious, someone may indeed sustain a real and permanent injury from the act of their neck being “whiplashed”. Whiplash is derived from the action of the cervical spine and head being suddenly jolted forward and backward, straining the muscles and ligaments in the neck. This action can also cause more serious vertebral injuries like herniation, bulges or fractures. Whiplash may seem unserious initially, but it can lead to chronic pain, stiffness, headaches, and even organic spinal cord injury.

If you’ve sustained a whiplash injury in a Miami car accident, it may qualify for a personal injury claim, especially if it results in long-term pain or requires extensive medical treatment that a doctor diagnoses as permanent.

2. Broken Bones

Broken bones are another common injury following a car accident. Depending on the severity of the crash, bones in the spine, arms, legs, back, or ribs can break, causing significant pain and requiring immediate medical attention. Clavicle fractures and collar bone injuries after a car accident may indicate a seat belt injury. In more severe cases, surgical intervention may be needed to repair the bones, followed by months of rehabilitation. In young people, broken bones may impede growth and normal unions due to growth plate involvement.

If your injury involved a broken bone, especially if the injury requires surgery or causes lasting effects, you may be entitled to file a car accident lawsuit to recover compensation for medical bills, lost wages, and pain and suffering.

3. Spinal Cord Injury

A spinal cord injury is one of the most serious and life-changing injuries that can result from a car accident. These injuries can lead to paralysis, loss of sensation, loss of sexual function, and permanent disability. A spinal cord injury may qualify for a lawsuit, especially if it causes long-term disability or requires costly ongoing medical treatment.

At Perkins Law Offices, we understand the profound impact that spinal cord injuries can have on victims, and we work tirelessly to ensure those affected are compensated for their injuries, medical expenses, and emotional distress.

4. Traumatic Brain Injury (TBI)

Traumatic brain injuries (TBI) are another critical concern after a car accident, particularly in high-impact crashes. A TBI can range from mild concussions to severe brain damage that requires extensive rehabilitation or results in permanent disability. Symptoms of TBI may not appear immediately after the crash, but if left untreated, they can worsen and lead to long-term consequences. We also handle (DAI) diffuse axonal injuries that may not be readily apparent by standard MRI technology. DAI is a type of traumatic brain injury (TBI) that occurs when the brain experiences sudden acceleration or deceleration forces, causing widespread damage to the brain’s nerve fibers (axons). The brain is subjected to shearing forces where the axons are stretched, twisted, or torn. This damage disrupts the normal communication between brain cells, leading to a range of neurological deficit. A great Miami car accident lawyer can help you pursue a lawsuit to recover compensation for the medical treatment and rehabilitation costs associated with the brain injuries like TBI and DAI.

5. Wrongful Death

In some cases, a Miami car accident may result in the death of a loved one. When this happens, certain qualified family members and dependents of the deceased may file a wrongful death lawsuit against the responsible party. These lawsuits are typically filed under Florida’s Wrongful Death Act pursuant to Florida Statutes 768.16 -768.26 to seek compensation for funeral expenses, loss of financial support and services, and the survivor’s pain and suffering and emotional distress.

6. Internal Injuries

Internal injuries are often hidden from immediate view and can be life-threatening. Organs such as the liver, lungs, kidneys, or spleen can be damaged in a car crash, leading to internal bleeding or organ failure. While these injuries may not be immediately visible, they can be incredibly serious and require immediate medical intervention.

In one of our cases we recently obtained a $500,000 policy limit settlement after a over a year of litigation with, State Farm, our client’s uninsured motorist insurer. In this case our client sustained blunt force trauma from her seatbelt in a rear end collision. She initially went to the ER several times before they realized she had internal bleeding and needed emergency liver surgery.

If you’ve sustained internal injuries from a car accident, a personal injury lawsuit can help you recover compensation for the medical treatments required and any long-term care that may be necessary.

7. Burn Injuries

In rare but severe cases, car accidents can result in burn injuries caused by fires or explosions. These types of injuries often require immediate medical attention, skin grafts, and long-term rehabilitation. Burn injuries are usually very painful and can cause permanent scarring, disfigurement, and emotional distress.

If you’ve been burned in a car accident, you may be entitled to compensation for both your physical injuries and the emotional toll that comes with them.

8. Back and Shoulder Injuries

Car accidents often result in back injuries, neck injuries, and shoulder injuries. These can range from soft tissue damage to more severe injuries such as herniated discs, fractures, or muscle tears. While some of these injuries may seem minor initially, they can lead to chronic pain and long-term consequences. Our clients sometimes get injections and surgery when conservative treatment fails to relive their pain.

If you’ve suffered a back, neck, or shoulder injury, seeking legal counsel is important to ensure that you receive compensation for the long-term care and rehabilitation that may be required.

9. Emotional Distress and Pain and Suffering

The emotional toll of a car accident can be just as devastating as physical injuries. Emotional distress, including anxiety, depression, PTSD, and fear of driving again, can significantly impact your quality of life. The pain from physical injuries can cause suffering in the past and into the future. In many cases, emotional distress can be included in a car accident lawsuit to help compensate for the psychological suffering and physical pain caused by the accident.

How a Miami Personal Injury Lawyer Can Help

Not all car accidents injuries warrant a lawsuit. A car accident lawsuit can be a run the gamut of injuries. The same injury in one person may affect another person differently. That’s where an experienced Miami personal injury lawyer comes in. A skilled lawyer can help you tell the story of your injury and fight for every penny you deserve. With the best personal injury lawyer you can get on your side, you will have peace of mind and can focus on your recovery while they handle the legal aspects of your case.

What injuries qualify for a lawsuit after a Miami car accident?

What injuries qualify for a lawsuit after a Miami car accident?

FAQs About Car Accident Lawsuits in Miami

1. How much time do I have to file a lawsuit after a car accident in Miami?

In Florida, you typically have two years from the date of the accident to file a personal injury lawsuit.

2. What should I do immediately after a car accident in Miami?

First, ensure that you are safe and seek medical attention if necessary. Contact the police, gather evidence (photos, witness statements), and exchange insurance details with the other driver. Go to the hospital if you are hurt. Afterward, consult with a great Miami personal injury lawyer to understand your legal options.

3. Can I file a lawsuit if my injury seems minor?

Yes, if at first you do not think you are seriously injured but it turns out later you are, you have two years to file suit. Understand delayed treatment of gaps in treatment are not good for your case, so immediate and consistent treatment is important. Seemingly minor injuries can have long-term effects.

4. What damages can I claim in a car accident lawsuit?

You can claim compensation for medical bills, lost wages, pain and suffering, emotional distress, out of pocket expenses, property damage, and other related expenses resulting from the accident.

If you’ve been injured in a Miami car accident, ask one of the best rated lawyers in Miami rights the types of injuries that qualify for a lawsuit. At Perkins Personal Injury Lawyers Law, we specialize in helping victims of car accidents get the maximum compensation they deserve. Contact us today to schedule a consultation and take the first step toward securing your future.

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