Coral Gables Car Accident Attorneys
A serious car crash can change your life in an instant. At Maderal Byrne & Furst, we represent people who have been seriously injured in car accidents in Coral Gables and across Florida, and families who have lost a loved one in a crash. Our firm limits its caseload so every client receives direct attention from our attorneys. We investigate each case and prepare it for the possibility of trial.
Who May Be Responsible After a Car Accident
Responsibility can rest with a driver, an employer if the driver was working, a vehicle owner, or a vehicle or parts manufacturer if a defect played a role. Amazon delivery truck accidents raise additional questions because delivery vans may be operated by contracted companies and independent drivers.
Florida’s No-Fault Law and Your Claim
Florida is a no-fault state. After a crash, your own personal injury protection (PIP) coverage generally pays 80% of reasonable medical expenses and 60% of lost income, regardless of who caused the crash, up to your policy limit, which is typically $10,000. To use PIP medical benefits, you generally must receive initial medical care within 14 days of the crash (Florida Statute § 627.736). Benefits are generally limited to $2,500 unless a provider determines you have an emergency medical condition.
To pursue the at-fault driver for non-economic damages such as pain and suffering, your injuries generally must meet the threshold in Florida Statute § 627.737, such as significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death.
Florida Deadlines & Comparative Fault
Under Florida Statute § 95.11(5)(a), a negligence lawsuit for an injury that happened after March 24, 2023, generally must be filed within two years. A wrongful death lawsuit also generally has a two-year limit, which runs from the date of death. Some claims follow different deadlines or notice requirements, and waiting can make it harder to preserve evidence.
Florida applies a modified comparative fault standard under Florida Statute § 768.81:
- 50% or Less at Fault: You can recover damages, though your award is reduced by your percentage of fault.
- More Than 50% at Fault: In most negligence cases, you are generally barred from recovering damages.
Serious Injuries in Car Accident Cases
Serious car accident claims can involve traumatic brain injuries, spinal cord injuries, fractures requiring surgery, internal organ damage, and wrongful death. Crashes can take many forms, including head-on collisions, intersection and side-impact crashes, rear-end collisions, rollovers, and multi-vehicle pileups. The compensation available depends on the facts of each case and the law that applies. It can include medical expenses, lost income, and non-economic harm such as pain and suffering. We cannot predict or promise the outcome of any case.
What to Do After a Car Accident
- Get medical care promptly and follow your treatment plan. PIP benefits have a 14-day treatment requirement.
- Call the police and ask for a copy of the crash report.
- Preserve evidence, including photos, video, and the names of witnesses.
- Keep records of your expenses and missed work.
- Be careful what you say to insurance companies. Consider speaking with an attorney before giving a recorded statement.
- Avoid posting about the crash on social media.
Our Attorneys
Founders Frank Maderal and John Byrne are former federal prosecutors. Partner Rachel Furst served as Co-Chair Lead Counsel in the Champlain Towers South collapse class action. Meet our attorneys.
Frequently Asked Questions
Will you take my car accident case?
We handle serious car accident injury and wrongful death claims. Whether we can take a particular case depends on the facts. Contact us for a free case evaluation.
How long do I have to file a car accident lawsuit in Florida?
For most negligence claims where the injury happened after March 24, 2023, the deadline is generally two years from the date of the injury. Some claims follow different deadlines or notice rules, so speak with an attorney as soon as you can.
What if I was partly at fault?
In most Florida negligence cases, you can still recover if you were 50% or less at fault, though your award is reduced by your percentage of fault. If you are found more than 50% at fault, you are generally barred from recovering.
Does Florida’s no-fault law mean I can’t sue the other driver?
Not always. PIP generally pays first, but you may be able to pursue the at-fault driver for non-economic damages if your injuries meet the statutory threshold.
How much does it cost to hire a car accident lawyer?
We generally handle car accident cases on a contingency fee basis. When we do, you pay no attorney fees, and owe nothing for case costs, unless we recover compensation for you.
If you or a loved one suffered a serious injury in a car accident, contact Maderal Byrne & Furst today for a free, confidential case evaluation.
Call our office directly at 305-520-5690 or fill out our secure online contact form to speak with a member of our team about your claim.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Submitting an online contact form or requesting a case evaluation does not establish an attorney-client relationship.
Past outcomes and verdicts do not guarantee a similar result in future legal matters.
The information on this page is for general informational purposes only and is not legal advice. The law is subject to change, and how it applies depends on the facts of each case. For advice about your situation, consult a licensed attorney.