Car accidents are a common occurrence in a busy city like Orlando. In the aftermath of a car accident, you may struggle to pay medical bills and heal from your injuries. A lawyer can help you simplify the process and get the money you deserve for your injuries.
If you were injured in a car accident in Orlando, FL, a car accident lawyer from our Orlando office could help fight for the compensation you qualify for. We’re passionate about what we do and ready to work for you to hold the negligent party accountable.
Different Car Accidents Cause Different Injuries
According to a report published on the National Library of Medicine (NLM), the type of collision you have will affect specific body areas. Here is what the study found:
- Rear-end collisions typically result in neck injuries, such as whiplash.
- T-bone crashes, also known as side-impact collisions, can cause pelvic, neck, clavicle, and skull fractures. They can also cause shear injuries and heart damage.
- Head-on collisions can cause head, neck, abdominal, and chest injuries. They also pose a risk of traumatic brain injuries (TBIs), internal bleeding, and lacerations from broken glass.
The publication notes that certain factors can increase the risk of serious or catastrophic injuries. For instance, older people are more at risk of suffering broken ribs. Weight can also add to the likelihood of life-threatening conditions.
Seek Medical Care If You Were Hurt in a Car Accident
If you suffered injuries in a car accident, you should seek medical attention as soon as possible. Not only can some “hidden injuries” cause immense pain, but you want evidence to support your case.
Your imaging scan results, lab tests, and medications’ names can support your right to damage.
Many accident victims don’t know they have severe injuries like internal bleeding until it’s too late. Getting medical attention in time can save you from your injuries turning fatal.
For a free legal consultation with a car accidents lawyer serving Orlando, 800-747-3733
Who Can I Sue in an Orlando Car Accident Case?
Generally, you can name anybody who contributed to your car accident as a defendant in your lawsuit. Florida Statutes § 768.81 details the doctrine of comparative fault, indicating that anybody who contributes to an accident may be civilly responsible for their portion of damages.
You may know the responsible parties for your accident, and multiple parties may share liability for your collision and owe you compensation. Parties you can hold accountable in a lawsuit include the following:
A Negligent Driver
Some car accident cases are more straightforward than others, and the other driver may be the only party at fault for your accident. In some cases, a simple traffic violation may indicate negligence. In this case, you only have to prove their liability by establishing their negligence caused the collision.
For example, if a driver failed to yield the right of way and hit you while making a left turn, they would be liable for your injuries. Or if a driver was tailgating and rear-ended you, they may be responsible for the accident.
A Negligent Third-Party Driver
In some accidents, a third-party driver can cause a collision. This does not necessarily mean they were affected by the crash since they may have caused it but avoided it entirely.
For example, if a distracted driver cuts off another motorist who collides with your vehicle, they would bear some of the fault for the accident. In other cases, the third-party driver may become directly involved in the collision, such as with a three-car pile-up.
Even a pedestrian who acted in some way that caused an accident could be liable. For example, if they crossed the street illegally or otherwise unsafely, they may have caused a driver to collide with your car to avoid hitting the pedestrian.
A Negligent Auto Part Manufacturer
An investigation into your accident may reveal that neither of the drivers was to blame; instead, a defective auto part caused the accident. For example, if a driver’s brakes fail, the manufacturer may be liable for your injuries and losses.
Similarly, if a mechanic is negligent and a car accident occurs due to an inadequate repair they performed, they may bear liability.
The Employer of the Negligent Driver
Employers bear responsibility for their employees, so if a commercial vehicle was involved in your accident, you might be able to pursue both the negligent driver and their employer for compensation. Usually, this only applies when the employee operates their vehicle while on the job.
Rideshare accidents can become complicated since the service may offer different levels of coverage when the driver is looking for, on the way to, or transporting patrons. If the company bears liability, it may have an insurance policy that covers passengers in the rideshare vehicle and drivers, pedestrians, and other road users.
A Negligent Government Entity
Suppose a dangerous road design, faulty traffic light, or poorly maintained road leads to your accident. In that case, we can sue the government entity responsible for the roadway where the motor vehicle collision occurred. In other cases, a government entity could be negligent by allowing a hazardous road condition to exist.
If your Orlando car accident involves a government vehicle, there are other procedures you will have to follow. Suing a government entity comes with procedures and deadlines, but we can tell you your legal options and how long you have to take action. However, filing your claim promptly is strongly advised.
Various parties could be liable to pay you compensation if their actions or failures to act contributed to or worsened your accident. A car accident lawyer with our firm can help establish who is responsible for your accident-related losses.
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How Long Do I Have To File a Lawsuit After a Car Accident in Orlando?
A few deadlines apply to pursuing compensation after a car accident in Orlando. Depending on your action course, you may have specific deadlines that apply to your case.
Deadlines for Reporting an Accident
Whether you are filing an insurance claim or lawsuit, you must begin by reporting your accident to the state. Per Florida Statutes § 316.066, you have 10 days to file a crash report.
However, if law enforcement completes an investigation of your accident, an officer will file the report for you. The FLHSMV provides links to report your crash by mail or online.
A lawyer from our firm can help you file any necessary paperwork to document your accident officially. They can also obtain any police reports to document your accident and address any inaccuracies in the report. Finally, they can ensure that you adhere to any other relevant filing deadlines.
Deadlines for Filing a Lawsuit After an Orlando Car Accident
If you pursue a lawsuit, the statute of limitations for personal injury lawsuits may come into play. The deadline to file a lawsuit begins counting down from the date of your accident or the date of your loved one’s passing.
If you are considering a lawsuit in Florida, we urge you to start as soon as possible because state law sets time limits on personal injury actions. Per Florida Statutes § 95.11(3)(a), you have four years from the date of the accident or incident to sue. You have two years if you file a wrongful death action after an Orlando car accident.
Some exceptions may apply, and a lawyer from our firm can determine how much time you have to take legal action against a liable party. You could have more or less time to file your action, depending on the circumstances of your case. If you miss the deadline to file a lawsuit, you risk losing your legal right to take action against a liable party.
Common Forms of Negligent Driving
Many actions can cause a car crash. Some of the most common negligent actions are:
- Speeding
- Driving while drunk
- Driving under the influence of drugs or alcohol
- Failing to keep your vehicle inside your chosen lane
- Driving at night without headlights engaged
- Failing to maintain a safe distance from the car in front of you
If one or more of these types of dangerous driving contributed to your accident, then a lawyer from our firm may cite such factors in any case for compensation that you bring.
Should I Hire an Orlando Car Accident Lawyer for a Minor Accident?
It is your choice whether to hire a lawyer. The seriousness of your accident may be one consideration that informs your ultimate decision. However, a lawyer could be helpful even if you believe your accident was “minor.”
A minor accident is one in which the car did not receive enough damage to render it undrivable. A cracked headlight, taillight, dents, scrapes, or a shattered windshield are all types of damage. Some people choose to repair the damage themselves.
However, symptoms of a “minor” car accident could prove to be more lasting and costly than you anticipate, especially if you suffered an injury to your neck, spine, or head, which could result in whiplash, according to Mayo Clinic. Whiplash and other injuries you sustained in your accident may be chronic, and you may require ongoing care.
Other reasons to hire a lawyer for a seemingly minor accident include the following:
- Your coverage is not enough to pay the damages.
- The liable driver involved in your accident does not have any insurance.
- The responsible driver does not have the coverage necessary to fairly account for your various losses.
- You are concerned that one or more of your injuries will affect your health.
What Happens If the Orlando At-Fault Party Doesn’t Have Car Insurance?
When you are injured in an accident involving a driver who does not have insurance, a personal injury lawsuit may be the only route to obtaining the compensation you deserve. Florida Statutes § 627.7407 mandates that all drivers in Florida maintain a certain amount of insurance to cover injuries they may cause to themselves and others.
Per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), drivers in Florida must maintain the following:
- At least $10,000 worth of personal injury protection (PIP) insurance
- At least $10,000 value of property damage liability (PDL) insurance
- Coverage even if their vehicle is out of commission or not being driven
Failure to maintain such coverage is illegal and puts other drivers at risk. With no insurance policy, an uninsured driver has no coverage to rely on if they cause you to suffer a severe injury.
You may need to go through the courts to obtain coverage for your losses. This is not unrealistic, as the Insurance Information Institute (III) notes that Florida often ranks near the top of the list of U.S. states with the highest percentage of uninsured drivers.
What Should I Do in the Days Following a Car Accident in Orlando?
What you do shortly after a car accident can be more important than you may realize. You should take specific actions immediately, so you do not lose any possible doors to compensation without realizing it.
Some of the steps you can take after an accident include:
- Working with a legal team or an attorney may help ensure you do not make any missteps that could restrict your options for pursuing compensation.
- Receiving medical attention, as you could have injuries that are not obvious, and medical documentation could prove vital in legal proceedings.
- Obtaining copies of any accident report or police report about your accident, which you may receive from the Orlando Police Department.
- Following up with your insurance provider to monitor the status of your claim.
- Creating firsthand documentation of the accident scene or any accident injuries you suffered in your accident with photographs, videos, or journaling.
- Running any accident settlement offers you may receive by a personal injury attorney first.
An experienced auto accident attorney can advise whether the amount offered will help you meet your post-accident needs. They can also tell you if the offer is too low. If you accept the offer, you cannot return to the insurance company to ask for more compensation.
You waive your right to financial compensation once you sign on the dotted line. An accident injury attorney from our firm can advise you on additional steps to take in the wake of an automobile accident.
What Damages Can I Recover for an Orlando Car Accident?
The damages you may collect for a car accident in Orlando depend on who is at fault for the accident and to what extent they are responsible. Florida Statutes § 768.81 indicates that you could collect compensation through a lawsuit even if you are partially at fault for an accident.
Your potential compensation also depends on your specific injuries and how those injuries have affected you. You can collect awards for the following:
- The cost of emergency transportation and care
- Surgery
- Medications
- Doctor’s appointments
- The cost of additional medical procedures to diagnose and treat your injuries
- The cost of rehabilitation for your injury
- Home or car repair
- Transportation to and from your doctor’s appointments
- Lost income
- Reduced earning capacity
- Permanent or temporary disability
- Property damage if the party named as a defendant in your lawsuit did not have insurance to cover damage to your vehicle
- Pain and suffering
- Scarring and disfigurement
- Loss of quality of life
You could collect compensation for damages beyond those listed above if the circumstances of your case warrant additional awards.
Wrongful Death Damages
If you lost a loved one in a car accident in Orlando, you could file a wrongful death claim with the liable party’s insurer. Compensation may recover various expenses that arise after the unexpected loss, such as:
- Loss of inheritance
- Loss of consortium
- Medical bills
- Pain and suffering
- Funeral expenses
- Burial or cremation costs
We understand that no money can compensate for such a loss, but an award can help your family cope with your loved one’s absence. You deserve to grieve in peace and properly mourn your family member. While you do so, we can handle the legal battle.
Who Can File a Wrongful Death Lawsuit?
Only certain people qualify to bring a wrongful death lawsuit. Usually, the deceased’s will name a representative, and this is the person who can take legal action on their behalf.
However, the court can appoint a representative if there is no will. It may select a spouse, child, or parent of the deceased.
If the suit yields a court-awarded offer, the representative of the deceased will then distribute the awards to the surviving family members. We can discuss your case to determine if you or a family member can file a wrongful death lawsuit.
How Long Does a Car Accident Claim Take To Settle in Orlando?
According to Florida Statutes § 627.4265, an insurance company must pay an agreed-upon settlement claim no more than 20 days after you formally finalize the written claim. They must also pay 12% per year interest if they do not honor your agreement by paying within the 20-day window.
However, this timeline only considers the period after you reach an agreement. This period does not account for the time it takes to prepare for a settlement negotiation, which may necessitate accident scene evidence, medical records, and other documentation. It also does not account for the time it takes to negotiate your settlement.
There is no guarantee of how long it could take to complete a settlement; each case is unique. We will keep you updated on all developments in your case and give you realistic expectations of the timetable you are facing.
Will My Orlando Car Accident Lawyer Contend with the Insurance Companies for Me?
If you hire our car accident lawyers, they may first correspond with the at-fault party’s insurance company. They will handle communications with the insurance company on your behalf.
During this process, your lawyer may:
- Speak with representatives for the at-fault party’s insurance company, which could include another lawyer.
- Present your case as to why you deserve a certain amount of compensation, possibly citing evidence of your injuries and the at-fault party’s wrongdoing in the process.
- Negotiate on your behalf for a fair settlement.
- Consult you to determine whether you want to take the insurance company’s best offer or move forward with a lawsuit.
Our team can ensure that an insurance company does not take advantage of you with a lowball offer. They can counter an adjuster’s findings of fault and negotiate a fair settlement using evidence of your losses.
Another benefit to having our attorney represent you in all communications with an insurance company is it prevents you from saying something that could jeopardize your claim. Some insurers will record your words and use them against you to void your claim, but you won’t have to worry about that when we manage your case.
Do You Have To Go to Court in Orlando for a Car Accident?
Many of our clients ask if going to is necessary, and the answer is that it depends. Whether you go to court to obtain compensation after a car accident may depend on the following:
- Whether the insurance company of the person (or people) who caused your injuries offers a fair settlement or extends an insufficient compensation offer instead
- Whether you decide to pursue a lawsuit or accept an offer from an insurance company
- Whether you and your attorney believe your case is strong enough to stand up in a trial
Procedures That Take Place Before a Trial
There is also a process that takes place before the trial. Actions may include the following:
- An exchange of evidence between your lawyer and the attorney for the defendants in your case during the discovery period
- A written questioning
- A verbal questioning
Personal injury cases usually settle before the trial period, so you may obtain compensation from one or more defendants in your case without having to deal with a trial.
How Much Will it Cost To Hire an Orlando Car Accident Lawyer?
As we stated, personal injury lawyers who handle car accidents generally work on a contingency fee basis, which means you will not have to pay anything upfront for their services.
Generally speaking, a contingency-fee agreement between you and your lawyer means:
- You have no out-of-pocket costs for legal services.
- You can access automotive and medical experts, investigators, and any resources your chosen law firm could deploy.
- Your attorney only gets paid if they win a settlement or judgment for you.
- Your lawyer will take a predetermined percentage of any settlement or judgment as compensation for the legal services they provide to you or your loved one.
When you hire our team, we will explain the percentage of your settlement that your lawyer takes if we win before you accept our legal services. We can discuss this percentage during a free consultation.
What Orlando Attorney Deals With Car Accidents?
Car accidents generally fall under personal injury law or tort law. Suppose you or a loved one was injured in a car accident. In that case, you might seek a personal injury lawyer to defend your rights, provide advice, and answer questions about compensation options.
Our experienced car crash lawyers could represent you if you were injured or another motorist killed a loved one in an Orlando accident. When you hire an auto accident lawyer from our firm, they will:
- Provide responsive legal care to every client
- Go the extra mile in pursuit of the compensation that you may deserve
- Handle all of your legal needs while you focus on getting better
Our firm primarily handles personal injury claims and has dealt with hundreds of motor vehicle accident lawsuits against at-fault drivers. They will aim to negotiate a fair settlement on your behalf and are prepared to go to trial if necessary.
What Can I Do To Protect My Rights After a Car Accident in Orlando?
You can do several things to protect your rights after a car crash in Orlando. First and foremost, seek medical attention. Treatment can prevent your injuries from worsening, and medical documentation can link your accident and injuries.
If you fail to seek medical attention, insurers may argue that you worsened your condition, which could lead them to deny your claim. You should also follow through with any prescribed treatment plan. This is beneficial not only for your health but also for your case.
Additionally, you should refrain from posting about your accident on social media. Do not post pictures, name the defendant, or detail what happened, as this can work against you during a claim or lawsuit.
A Lawyer From Our Firm Can Protect Your Rights
Along with seeking medical care and advising you to stay off social media, our firm’s attorney can continue to protect your rights during an insurance claim or lawsuit. For instance, they can:
- Provide you concrete advice within the context of your collision
- Refer you to medical professionals and any other resources that could help you maintain your right to pursue compensatory damages
- Inform you of any relevant statutes of limitations about any lawsuit you may choose to pursue
- Inform you of any filing requirements that may be mandatory or beneficial to you
- Initiate any personal injury claim you would like to bring against one or more at-fault parties.
When you hire an experienced car crash lawyer from our firm, they will protect your rights from the start. We will handle all communications with insurance company representatives and protect you from an adjuster’s attempt to undervalue or deny your claim.
For instance, an attorney from our firm can prevent you from:
- Giving self-incriminating statements to an insurance adjuster
- Making any on-record statements to medical professionals that would hurt your claim
- Making any comment that could be recorded and possibly used against you later
How Much Should You Settle for After an Orlando Car Accident?
The right settlement for you may not be the right settlement for another car accident victim. Individual circumstances matter when assessing a settlement offer; therefore, a settlement offer may depend on the following:
- The amount of economic and non-economic damages that you have suffered to date
- The number of losses that you anticipate suffering in the future
- The type of damages you have suffered
- The strength of your case
- The extent to which the party liable for your injuries acted negligently
Orange County had more than 18,000 injuries resulting from collisions in 2020, per the FLHSMV. The circumstances of each of these crashes are distinct. Each crash may contain several variables that could impact any settlement stemming from a collision.
A lawyer with our firm can help you analyze the circumstances that led to your accident and the fallout from the collision. As your legal representation, they can then explain a realistic range of awards they may pursue on your behalf.
What Is the Average Settlement for a Car Crash in Orlando?
Average settlement figures may not provide an accurate snapshot of any lawsuit you may bring. The circumstances of each collision are entirely independent, as are the specific awards to which any plaintiff may be entitled.
A lawyer from our firm can give you a better idea of the compensation you qualify for by reviewing the circumstances that caused your collision. They can also calculate your losses to date and project losses that you may likely suffer in the future.
A consultation can provide a more accurate figure of the settlement or judgment your attorney may aim for, unlike a blanket average of car accident settlements in Orlando. Then, you may choose whether to pursue a lawsuit or accept an offer from an insurance company.
Is it Worth Hiring an Orlando Car Accident Lawyer?
The choice to hire a lawyer could depend on your personal circumstances. First, know that a personal injury lawyer from our firm can:
- Handle all of the legal aspects of your personal injury lawsuit.
- Conduct or facilitate pre-legal services, such as an independent investigation and gathering evidence.
- Assess your damages to establish how much your case is worth financially.
- Negotiate with the liable party’s insurer on your behalf.
- Represent you at trial if we take your case to court.
- Provide general legal advice and guidance on your claim for compensation.
- Do everything necessary to complete your lawsuit with a favorable outcome for you.
In a broader sense, working with a personal injury lawyer could allow you to focus on what matters most, including:
- Your physical health
- Your mental health
- The welfare of your family
Hiring a lawyer can help if you are dealing with significant health problems because of your accident and do not want to spend substantial time or effort on a lawsuit. An injury lawyer from our firm can handle these matters on your behalf.
Additionally, when you work with us, we can handle your case on a contingency-fee-basis, which means our legal services will cost you nothing out of pocket.
Call Our Team of Car Accident Lawyers Today
Often, the collision is only the beginning of the total experience of being in a car accident. The legal process that follows can be overwhelming when dealing with injuries. You do not have to face these obstacles alone; we can help give you the legal representation and fair compensation you need.
We offer a free consultation and can represent you at no out-of-pocket charge. Contact our team at The Law Offices of Anidjar and Levine today to discuss your accident and options for pursuing compensation.