Car Accident Lawyer
Miami Car Accident Lawyer Serving Miami, South Florida, and All of Florida
A car accident can change everything in a matter of seconds. One moment you are driving through Brickell or merging onto I-95, and the next you are dealing with painful injuries, mounting medical bills and an insurance company that wants to pay you as little as possible.
If you or someone you love has been hurt in a car crash in Miami, you have legal options. Florida law allows injured drivers and passengers to pursue compensation beyond the limited coverage provided by no-fault insurance. But the process is time-sensitive, the rules are strict and the insurance companies have teams of adjusters working against you from the moment you file a claim.
At Mausner Group Injury Lawyers, we level the playing field. Founded by Eric Mausner, a former prosecutor, our firm brings the same aggressive preparation to personal injury cases that we once brought to criminal courtrooms. We know how to build a case, challenge the other side’s evidence and fight for the full value of your claim.
Fierce Advocates. Former Prosecutors.
If you have been injured in a car accident anywhere in Miami-Dade County, call us today at 305.344.4878 for a Free Case Review. You pay nothing unless we recover compensation for you.
At Mausner Group Injury Lawyers, we level the playing field. Founded by Eric Mausner, a former prosecutor, our firm brings the same aggressive preparation to personal injury cases that we once brought to criminal courtrooms. We know how to build a case, challenge the other side’s evidence and fight for the full value of your claim.
Fierce Advocates. Former Prosecutors.
If you have been injured in a car accident anywhere in Miami-Dade County, call us today at 305.344.4878 for a Free Case Review. You pay nothing unless we recover compensation for you.
Why Car Accidents in Miami
Are So Common
Miami-Dade County consistently ranks among the most dangerous counties in Florida for motor vehicle crashes. The combination of heavy commuter traffic, an influx of tourists unfamiliar with local roads and year-round construction projects creates conditions where accidents happen every single day.
Several of Miami’s major roadways are particularly hazardous. I-95, the main north-south interstate corridor, sees some of the highest accident volumes in the state due to aggressive lane changes, high speeds and frequent congestion. US-1, also known as Biscayne Boulevard, cuts through dense commercial and residential areas where pedestrian and vehicle conflicts are common. The Dolphin Expressway (SR-836) and Palmetto Expressway (SR-826) are notorious for rear-end collisions during rush hour, when stop-and-go traffic catches drivers off guard.
Surface streets carry their own risks. Flagler Street runs through the heart of Downtown Miami and Little Havana, where heavy foot traffic, delivery vehicles and rideshare pickups create constant hazards. I-395, the causeway connecting Downtown to Miami Beach, funnels enormous volumes of tourist traffic through a compressed stretch of highway.
Beyond the roads themselves, Miami’s driving culture contributes to the problem. Distracted driving is rampant. Rideshare vehicles stop suddenly in travel lanes to pick up passengers. Construction zones shift lane patterns without adequate warning. And a significant number of drivers on Miami roads carry minimum insurance or no insurance at all.
These realities make it critical to have a Miami car accident attorney who understands the local landscape, knows how these cases unfold in Miami-Dade courts and can identify every source of compensation available to you.
Several of Miami’s major roadways are particularly hazardous. I-95, the main north-south interstate corridor, sees some of the highest accident volumes in the state due to aggressive lane changes, high speeds and frequent congestion. US-1, also known as Biscayne Boulevard, cuts through dense commercial and residential areas where pedestrian and vehicle conflicts are common. The Dolphin Expressway (SR-836) and Palmetto Expressway (SR-826) are notorious for rear-end collisions during rush hour, when stop-and-go traffic catches drivers off guard.
Surface streets carry their own risks. Flagler Street runs through the heart of Downtown Miami and Little Havana, where heavy foot traffic, delivery vehicles and rideshare pickups create constant hazards. I-395, the causeway connecting Downtown to Miami Beach, funnels enormous volumes of tourist traffic through a compressed stretch of highway.
Beyond the roads themselves, Miami’s driving culture contributes to the problem. Distracted driving is rampant. Rideshare vehicles stop suddenly in travel lanes to pick up passengers. Construction zones shift lane patterns without adequate warning. And a significant number of drivers on Miami roads carry minimum insurance or no insurance at all.
These realities make it critical to have a Miami car accident attorney who understands the local landscape, knows how these cases unfold in Miami-Dade courts and can identify every source of compensation available to you.
Florida's No-Fault
Insurance System and PIP Coverage
Florida operates under a no-fault auto insurance system. This means that after a car accident, you first turn to your own insurance policy for coverage, regardless of who caused the crash. Every Florida driver is required to carry Personal Injury Protection (PIP) coverage as part of their auto insurance.
PIP provides up to $10,000 in benefits. It covers 80% of your medical expenses and 60% of your lost wages resulting from the accident. These benefits are available to you no matter who was at fault.
However, PIP has serious limitations that catch many accident victims off guard.
First, $10,000 does not go far. A single emergency room visit after a car accident can easily exceed that amount. If you need surgery, physical therapy or ongoing treatment, PIP will cover only a fraction of your actual costs.
Second, PIP does not cover pain and suffering. It addresses medical bills and a portion of lost income, but it provides zero compensation for the physical pain, emotional distress and diminished quality of life that often accompany serious car accident injuries.
To pursue compensation for pain and suffering, and to recover the full amount of your medical expenses and lost wages beyond what PIP covers, you must file a claim against the at-fault driver. Florida law requires that you meet a “serious injury threshold” to step outside the no-fault system and bring this type of claim. Serious injuries include significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, and death.
Many car accident injuries meet this threshold. Herniated discs, broken bones, traumatic brain injuries, torn ligaments and spinal cord damage are all examples of injuries that typically qualify. A car accident lawyer in Miami FL can evaluate your injuries, review your medical records and determine whether your case meets the standard for filing a claim against the at-fault driver.
PIP provides up to $10,000 in benefits. It covers 80% of your medical expenses and 60% of your lost wages resulting from the accident. These benefits are available to you no matter who was at fault.
However, PIP has serious limitations that catch many accident victims off guard.
First, $10,000 does not go far. A single emergency room visit after a car accident can easily exceed that amount. If you need surgery, physical therapy or ongoing treatment, PIP will cover only a fraction of your actual costs.
Second, PIP does not cover pain and suffering. It addresses medical bills and a portion of lost income, but it provides zero compensation for the physical pain, emotional distress and diminished quality of life that often accompany serious car accident injuries.
To pursue compensation for pain and suffering, and to recover the full amount of your medical expenses and lost wages beyond what PIP covers, you must file a claim against the at-fault driver. Florida law requires that you meet a “serious injury threshold” to step outside the no-fault system and bring this type of claim. Serious injuries include significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, and death.
Many car accident injuries meet this threshold. Herniated discs, broken bones, traumatic brain injuries, torn ligaments and spinal cord damage are all examples of injuries that typically qualify. A car accident lawyer in Miami FL can evaluate your injuries, review your medical records and determine whether your case meets the standard for filing a claim against the at-fault driver.
How Florida's Comparative Negligence Law Affects Your Claim
In 2023, Florida enacted House Bill 837, which fundamentally changed how fault is handled in personal injury cases. Understanding this law is essential for anyone pursuing a car accident claim in Miami.
Under the previous system, Florida followed a pure comparative negligence standard. This meant that even if you were 99% at fault for an accident, you could still recover 1% of your damages from the other party. That is no longer the case.
HB 837 replaced pure comparative negligence with a modified comparative negligence system that includes a 51% bar rule. Here is what that means for you: if you are found to be 51% or more at fault for the accident, you recover nothing. Zero. Your claim is completely barred.
If you are found to be 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if your total damages are $200,000 and you are found to be 30% at fault, your recovery would be reduced to $140,000.
This change makes the question of fault more important than ever. Insurance companies now have a powerful incentive to shift as much blame onto you as possible. If they can push your fault percentage above that 51% threshold, they eliminate your claim entirely.
This is one of the key reasons to work with an experienced auto accident attorney in Miami immediately after a crash. Early investigation, witness statements, traffic camera footage, accident reconstruction and police report analysis all play a role in establishing fault. The sooner your attorney begins building the record, the harder it is for the insurance company to distort what happened.
Under the previous system, Florida followed a pure comparative negligence standard. This meant that even if you were 99% at fault for an accident, you could still recover 1% of your damages from the other party. That is no longer the case.
HB 837 replaced pure comparative negligence with a modified comparative negligence system that includes a 51% bar rule. Here is what that means for you: if you are found to be 51% or more at fault for the accident, you recover nothing. Zero. Your claim is completely barred.
If you are found to be 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if your total damages are $200,000 and you are found to be 30% at fault, your recovery would be reduced to $140,000.
This change makes the question of fault more important than ever. Insurance companies now have a powerful incentive to shift as much blame onto you as possible. If they can push your fault percentage above that 51% threshold, they eliminate your claim entirely.
This is one of the key reasons to work with an experienced auto accident attorney in Miami immediately after a crash. Early investigation, witness statements, traffic camera footage, accident reconstruction and police report analysis all play a role in establishing fault. The sooner your attorney begins building the record, the harder it is for the insurance company to distort what happened.
Types of Car Accident Cases We Handle
Car accidents come in many forms, and each type presents different legal and factual challenges. At Mausner Group Injury Lawyers, we handle the full range of motor vehicle accident cases across Miami-Dade County.
Rear-End Collisions
Rear-end crashes are the most common type of car accident in Miami, particularly on congested highways like the Palmetto Expressway and I-95. While the trailing driver is often presumed to be at fault, these cases are not always straightforward. The lead driver may have made a sudden, unexpected stop or had non-functioning brake lights. We investigate every angle to establish clear liability.
Head-On Collisions
Rear-end crashes are the most common type of car accident in Miami, particularly on congested highways like the Palmetto Expressway and I-95. While the trailing driver is often presumed to be at fault, these cases are not always straightforward. The lead driver may have made a sudden, unexpected stop or had non-functioning brake lights. We investigate every angle to establish clear liability.
T-Bone and Intersection Accidents
Side-impact collisions typically happen at intersections when one driver runs a red light or fails to yield. Miami’s busy intersections, particularly in areas like Doral, Kendall and Coral Gables, see a high volume of these crashes. Determining which driver had the right of way is critical, and traffic camera footage can be decisive.
Hit-and-Run Accidents
Hit-and-run accidents are disturbingly common in Miami-Dade County. If the at-fault driver fled the scene, you may still have options for compensation through your own uninsured motorist coverage. We also work to identify the fleeing driver through surveillance footage, witness testimony and coordination with law enforcement.
Rideshare Accidents
With Miami’s dense rideshare activity, particularly in Brickell, Wynwood and Downtown, accidents involving Uber and Lyft vehicles are increasingly common. These cases involve layered insurance policies and corporate legal teams. Understanding which policy applies, and when, requires an attorney who has handled these claims before.
Uninsured and Underinsured Motorist Accidents
A significant number of Miami drivers carry only minimum coverage or drive without insurance entirely. If you are hit by an uninsured or underinsured driver, your own UM/UIM coverage becomes your primary source of recovery. We negotiate aggressively with your own insurance carrier to maximize your payout.
Multi-Vehicle Pileups
Chain-reaction crashes on I-95 and other major highways involve multiple parties, multiple insurance companies and complicated fault determinations. These cases require meticulous investigation and a firm that has the resources to manage the complexity.
We also handle cases involving truck accidents, motorcycle accidents and pedestrian accidents throughout Miami-Dade County.
What Damages Can You Recover After a Miami Car Accident
If you were injured in a car accident caused by someone else’s negligence, Florida law entitles you to pursue both economic and non-economic damages.
Economic Damages
Economic damages are the measurable financial losses you have suffered and will continue to suffer as a result of the accident. These include:
Medical expenses, both past and future. This covers emergency room treatment, hospital stays, surgeries, prescription medications, physical therapy, chiropractic care and any ongoing treatment your injuries require.
Lost wages and lost earning capacity. If your injuries forced you to miss work, you can recover those lost earnings. If your injuries affect your ability to earn a living in the future, whether through reduced hours, a career change or permanent disability, that diminished earning capacity is also compensable.
Property damage. The cost of repairing or replacing your vehicle and any personal property damaged in the crash.
Out-of-pocket costs. Transportation to medical appointments, home modifications, assistive devices and other accident-related expenses you have had to pay.
Non-Economic Damages
Non-economic damages compensate you for losses that are real but harder to quantify. These include physical pain and suffering, emotional distress, loss of enjoyment of life and loss of consortium (the impact on your relationship with your spouse or partner).
Remember, PIP does not cover non-economic damages at all. These can only be recovered through a claim against the at-fault driver, which is why meeting the serious injury threshold and filing a timely claim are so important.
The value of your claim depends on the severity of your injuries, the strength of the evidence, the amount of available insurance coverage and how fault is allocated. An experienced Miami car accident lawyer can give you a realistic assessment of what your case is worth during a Free Case Review.
Economic Damages
Economic damages are the measurable financial losses you have suffered and will continue to suffer as a result of the accident. These include:
Medical expenses, both past and future. This covers emergency room treatment, hospital stays, surgeries, prescription medications, physical therapy, chiropractic care and any ongoing treatment your injuries require.
Lost wages and lost earning capacity. If your injuries forced you to miss work, you can recover those lost earnings. If your injuries affect your ability to earn a living in the future, whether through reduced hours, a career change or permanent disability, that diminished earning capacity is also compensable.
Property damage. The cost of repairing or replacing your vehicle and any personal property damaged in the crash.
Out-of-pocket costs. Transportation to medical appointments, home modifications, assistive devices and other accident-related expenses you have had to pay.
Non-Economic Damages
Non-economic damages compensate you for losses that are real but harder to quantify. These include physical pain and suffering, emotional distress, loss of enjoyment of life and loss of consortium (the impact on your relationship with your spouse or partner).
Remember, PIP does not cover non-economic damages at all. These can only be recovered through a claim against the at-fault driver, which is why meeting the serious injury threshold and filing a timely claim are so important.
The value of your claim depends on the severity of your injuries, the strength of the evidence, the amount of available insurance coverage and how fault is allocated. An experienced Miami car accident lawyer can give you a realistic assessment of what your case is worth during a Free Case Review.
What to Do After a Car Accident in Miami
The steps you take immediately after a car accident can significantly affect the outcome of your claim. Here is what we recommend.
Stay at the scene and call 911. Florida law requires you to remain at the scene of any accident involving injuries or significant property damage. Call 911 so that law enforcement can respond and create an official accident report. This report becomes an important piece of evidence in your case.
Seek medical attention promptly. Even if you feel fine at the scene, get evaluated by a medical professional within 14 days. Florida’s PIP statute requires that you seek initial treatment within this window to qualify for PIP benefits. Many serious injuries, including concussions, internal bleeding and soft tissue damage, do not produce immediate symptoms.
Document everything you can. If you are physically able, take photos and video of the accident scene, vehicle damage, road conditions, traffic signals and your injuries. Get contact information from witnesses. Save all of this on your phone.
Do not give recorded statements to the other driver’s insurance company. Adjusters may contact you quickly, sometimes within hours. They may sound sympathetic, but their goal is to lock you into a statement that minimizes your claim. Politely decline and direct them to your attorney.
Contact a Miami car accident attorney before accepting any settlement offer. Insurance companies often make early settlement offers that are a fraction of what your case is worth. Once you accept, you waive your right to pursue additional compensation, even if your injuries turn out to be worse than you initially thought.
Keep records of everything. Medical bills, receipts, correspondence with insurance companies, notes about how your injuries affect your daily life. All of this documentation supports your claim.
Stay at the scene and call 911. Florida law requires you to remain at the scene of any accident involving injuries or significant property damage. Call 911 so that law enforcement can respond and create an official accident report. This report becomes an important piece of evidence in your case.
Seek medical attention promptly. Even if you feel fine at the scene, get evaluated by a medical professional within 14 days. Florida’s PIP statute requires that you seek initial treatment within this window to qualify for PIP benefits. Many serious injuries, including concussions, internal bleeding and soft tissue damage, do not produce immediate symptoms.
Document everything you can. If you are physically able, take photos and video of the accident scene, vehicle damage, road conditions, traffic signals and your injuries. Get contact information from witnesses. Save all of this on your phone.
Do not give recorded statements to the other driver’s insurance company. Adjusters may contact you quickly, sometimes within hours. They may sound sympathetic, but their goal is to lock you into a statement that minimizes your claim. Politely decline and direct them to your attorney.
Contact a Miami car accident attorney before accepting any settlement offer. Insurance companies often make early settlement offers that are a fraction of what your case is worth. Once you accept, you waive your right to pursue additional compensation, even if your injuries turn out to be worse than you initially thought.
Keep records of everything. Medical bills, receipts, correspondence with insurance companies, notes about how your injuries affect your daily life. All of this documentation supports your claim.
How Mausner Group Injury Lawyers Can Help
Not every law firm handles car accident cases the same way. At Mausner Group Injury Lawyers, our approach is shaped by something most personal injury firms cannot offer: prosecutorial experience.
Eric Mausner, the firm’s founder, is a former prosecutor. He earned his B.A. in Political Science from George Washington University and his J.D. from New York Law School. He is admitted to practice in Florida, New York, New Jersey and the District of Columbia. His background in the courtroom taught him how to build airtight cases, how to cross-examine witnesses and how to present evidence in the most compelling way possible.
That skill set translates directly to personal injury litigation. Insurance companies and defense attorneys recognize when they are dealing with a firm that is prepared to go to trial. It changes the dynamic of every negotiation.
Attorney Justin M. Guido, Esq. works alongside Eric to provide clients with dedicated, hands-on representation throughout every stage of their case. You will not be passed off to a paralegal or left wondering about the status of your claim.
Here is what we actually do for our clients:
We conduct a thorough, independent investigation of your accident. We do not rely solely on the police report. We gather surveillance footage, obtain cell phone records when distracted driving is suspected, consult with accident reconstruction professionals and interview witnesses.
We handle all communication with insurance companies. You should not have to argue with adjusters while you are trying to recover from your injuries. We manage every interaction to protect your interests.
We calculate the full value of your claim. Many firms settle too quickly for too little because they fail to account for future medical costs, long-term lost earning capacity and the true scope of non-economic damages. We work with medical professionals and financial consultants to project your actual lifetime losses.
We prepare every case as if it is going to trial. This is not a slogan. It is our methodology. Thorough preparation produces better settlements because the other side knows we are ready to walk into a courtroom if they do not offer fair compensation.
Our results speak for themselves. Mausner Group Injury Lawyers holds a 5-star Google rating with over 600 reviews from clients across Miami-Dade County and beyond.
Eric Mausner, the firm’s founder, is a former prosecutor. He earned his B.A. in Political Science from George Washington University and his J.D. from New York Law School. He is admitted to practice in Florida, New York, New Jersey and the District of Columbia. His background in the courtroom taught him how to build airtight cases, how to cross-examine witnesses and how to present evidence in the most compelling way possible.
That skill set translates directly to personal injury litigation. Insurance companies and defense attorneys recognize when they are dealing with a firm that is prepared to go to trial. It changes the dynamic of every negotiation.
Attorney Justin M. Guido, Esq. works alongside Eric to provide clients with dedicated, hands-on representation throughout every stage of their case. You will not be passed off to a paralegal or left wondering about the status of your claim.
Here is what we actually do for our clients:
We conduct a thorough, independent investigation of your accident. We do not rely solely on the police report. We gather surveillance footage, obtain cell phone records when distracted driving is suspected, consult with accident reconstruction professionals and interview witnesses.
We handle all communication with insurance companies. You should not have to argue with adjusters while you are trying to recover from your injuries. We manage every interaction to protect your interests.
We calculate the full value of your claim. Many firms settle too quickly for too little because they fail to account for future medical costs, long-term lost earning capacity and the true scope of non-economic damages. We work with medical professionals and financial consultants to project your actual lifetime losses.
We prepare every case as if it is going to trial. This is not a slogan. It is our methodology. Thorough preparation produces better settlements because the other side knows we are ready to walk into a courtroom if they do not offer fair compensation.
Our results speak for themselves. Mausner Group Injury Lawyers holds a 5-star Google rating with over 600 reviews from clients across Miami-Dade County and beyond.
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Frequently Asked Questions About Miami Car Accidents
You are not legally required to hire a lawyer, but handling a car accident claim on your own puts you at a significant disadvantage. Insurance companies have adjusters, attorneys and algorithms all designed to reduce what they pay you. An experienced car accident lawyer Miami FL residents trust levels the playing field, handles the legal and procedural requirements, and fights for the full compensation you are owed. At Mausner Group Injury Lawyers, our Free Case Review costs you nothing, and we only get paid if we win your case.
As soon as possible — especially if you have serious injuries, fault is disputed, or an insurer is pressuring you to settle quickly.
You should have medical evaluations, diagnostic imaging (X-rays, CT scans, MRIs), treatment records, therapy notes, and follow-up documentation linking injuries to the crash.
Medical expenses, lost wages, future care, pain and suffering, emotional distress, and more. Severe cases may also involve long-term disability or impairment damages.
You have two years from the date of the accident to file a personal injury lawsuit in Florida. This deadline is established by Florida Statute 95.11. If you miss this window, the court will almost certainly dismiss your case, and you will lose your right to pursue compensation entirely. Two years may sound like a long time, but building a strong case takes months of investigation, medical documentation and negotiation. Contact an attorney as soon as possible after your accident to protect your rights.
You can recover compensation as long as you were less than 51% at fault. Under Florida’s modified comparative negligence system, enacted through HB 837 in 2023, your damages are reduced by your percentage of fault. If you are found to be 51% or more responsible for the accident, you are barred from recovering anything. Because insurance companies aggressively try to shift blame onto injured parties, having an attorney who can counter those arguments with evidence is critical.
Fault is determined by reviewing police reports, photos, video footage, witness statements, black box data, and expert reconstruction. Florida’s comparative negligence rules may reduce recovery if both parties share fault.
Schedule a Free Case Evaluation With an Experienced Miami Car Accident Attorney
Car accidents can cause long-lasting physical, emotional, and financial consequences. Even collisions that appear minor can lead to serious injuries, delayed symptoms, and ongoing medical needs. If your accident was caused by another driver’s negligence, you should not have to manage the injury, the insurance process, and the financial burden on your own.
At MG Injury Law, our attorneys represent car accident victims across Miami, South Florida, and throughout Florida. We take immediate steps to protect your rights by preserving evidence, documenting your injuries, and communicating directly with the insurance companies so you do not have to.
At MG Injury Law, our attorneys represent car accident victims across Miami, South Florida, and throughout Florida. We take immediate steps to protect your rights by preserving evidence, documenting your injuries, and communicating directly with the insurance companies so you do not have to.
Free Case Review · No fee unless we win
Statewide Florida coverage · Hablamos Español
Statewide Florida coverage · Hablamos Español