If you have been injured in a car accident due to the negligence of another driver, an Orlando car accident lawyer with the Law Offices of Anidjar & Levine can help you obtain the compensation you deserve for your recovery.
An Orlando car accident lawyer on our team can help you file an auto insurance liability claim or personal injury lawsuit if you suffered serious car injuries caused by a reckless, careless, or otherwise negligent driver in Orlando.
An Orlando car accident lawyer from the Law Offices of Anidjar & Levine will explain how Florida’s car accident laws apply to your case and help you navigate the process to recover the compensation you deserve.
Call us today at 1-800-747-3733 for your free case review and let a car accident lawyer handle the insurance company so you do not have to.
Over 400,000 crashes happen every year in Florida, resulting in over 250,000 injuries and thousands of fatalities. Many of those accidents were the result of negligent behavior on behalf of drivers. Distracted driving ranks as one of the most common causes of accidents and includes texting and driving, talking on the phone, speaking with passengers, or even just changing the radio.
Drowsy driving or fatigued driving is also another major problem, as 20% of adult drivers admit to falling asleep behind the wheel at some point in the past year, and approximately half of the adult drivers in the U.S. admit to consistently getting behind the wheel while sleepy.
Other common causes of accidents are speeding, driving while under the influence of drugs or alcohol, or aggressive driving.
These accidents can cause significant and even life-altering injuries for the victims. Traumatic brain injuries (TBIs), for example, can occur when the victim hits his or her head during impact. Symptoms can be minor, such as a headache, or cause long-term or permanent damage to the brain that forces the victim to re-learn basic functions like eating or speaking.
Back injuries and whiplash are also particularly common in car accidents. The force of the collision causes the head to move rapidly backward and then forward again, damaging the soft tissue in the neck. The spinal column is also highly susceptible to injuries in a collision. The vertebrae, for example, could become fractured, and the discs ruptured or herniated.
Burns can also occur in car accidents and can range in seriousness. Third-degree burns occur when the burn reaches the layer of fat beneath the skin, possibly destroying nerves and causing numbness. Fourth-degree burns can impact the deep tissue, including muscle and bones. These types of burns can occur in car accidents when the car catches fire or the victim is burned by gasoline, resulting in loss of function or even amputation.
Other types of injuries that are particularly common to car accidents are broken bones, internal bleeding, lacerations, and bruising.
These are just a few of the common injuries that people can sustain in a car accident, although this list is far from exhaustive. If you or a loved one has been injured in a car accident that was caused by someone else’s negligent behavior, you may be entitled to compensation for your losses. An Orlando car accident lawyer can help. Call us today at 1-800-747-3733 for a free review of your case.
For a free legal consultation with a car accidents lawyer serving Orlando, call (800) 747-3733
Is It Worth Hiring a Car Accident Lawyer?
Is It Worth Hiring a Car Accident Lawyer?
Our Orlando car accident team can help you understand your options after a crash. We can handle your personal injury protection insurance (PIP) claim if you do not believe your insurance company is providing the coverage you deserve, or we can help you pursue a case against the at-fault driver if you suffered serious injuries. By letting us manage your case, we can protect your rights, reduce your stress, and allow you to focus on what is important: recovering from your injuries. This can make it worth hiring a car accident lawyer.
We offer free case evaluations and consultations. During this meeting, a member of our team will review your situation and discuss your injuries and medical status. This will give us a good idea if we need to request your medical records to determine if your injuries meet the “serious injury” threshold.
If we can provide evidence from your medical records and medical expert testimony to show you suffered a “serious injury,” you will be eligible to file a claim or lawsuit against the at-fault driver. This may allow us to collect additional types of damages on your behalf and a much larger payout than is available from the typical PIP claim.
Every case is different, and we cannot predict the types of damages that you may be entitled to collect as a result of your car accident. Many victims who have suffered “serious injuries” can collect both economic and noneconomic types of damages.
Economic damages refer to things like medical expenses, out-of-pocket costs for premiums, the cost of ongoing care, and lost wages—both past and future wages and benefits if you are unable to return to work. Noneconomic damages refer to losses you have suffered that are non-quantifiable, such as the cost of pain and suffering, loss of quality of life, disfigurement, and emotional distress.
In some cases, the injuries sustained in an accident may be so serious that the victim doesn’t survive. In this case, the spouse, children, or others related to the victim may be entitled to pursue a wrongful death claim. Some of the damages that the family may be entitled to receive as a result of wrongful death include both economic and noneconomic losses, such as funeral and burial costs, pain and suffering, loss of consortium, and loss of support and protection.
All of these claims are subject to Florida’s statute of limitations, which requires victims to pursue a lawsuit within four years of a personal injury accident or two years within the death of a victim. This is something to considering whether it is worth hiring a car accident lawyer.
Orlando Car Accidents Lawyer Near Me (800) 747-3733
Should I Hire a Car Accident Lawyer for a Minor Accident?
Should I Hire a Car Accident Lawyer for a Minor Accident?
In general, you have two options for getting the money you need to pay your medical bills, cover lost wages, and make up for other accident-related losses and expenses after an Orlando car accident. This includes:
- Filing a claim with your insurance company to collect a payout from your personal injury protection (PIP) policy; and
- Meeting the serious injury threshold and trying to hold the at-fault driver liable
Your PIP coverage should include at least $10,000 to cover:
- A percentage of your medical care
- A percentage of your lost wages for time off work because of your injuries
If you only suffered minor injuries in the accident, the coverage provided by your insurance company may be enough compensation. However, it is important to note that your PIP benefits do not cover the cost of repairing your vehicle or noneconomic damages like pain and suffering that you may have experienced in the accident.
Often, when a member of our legal team meets with a client for their free consultation, we find that the victim may be eligible to file a claim against the at-fault driver’s insurance company and recover compensation for a wider range of damages.
To confirm this is the case, our team gathers copies of medical records to confirm the seriousness of your injuries and investigates the case to establish liability.
To recover damages, you must prove that the at-fault driver had a duty to drive carefully, that they breached that duty and caused an accident, and that that accident resulted in your serious injuries.
By proving that you meet the state’s serious injury threshold and demonstrating that the other driver caused your crash, we can then pursue both economic and noneconomic damages in your case. While these can vary according to the details of your case, they can include:
- Medical expenses
- The cost of ongoing treatment and therapy
- Lost wages
- Future wages if you are unable to return to work
- Property damage
- Pain and suffering
- Emotional distress
Once we have reviewed all of your medical expenses, out of pocket costs, property damage, the medical report from the doctor, and any other evidence related to your case, we will calculate a fair settlement value that covers all of your accident-related damages. We can then file a claim with the at-fault driver’s insurance provider and negotiate an agreeable settlement, fighting for compensation to the fullest extent of your injuries.
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What Is the Average Settlement for a Car Accident?
What Is the Average Settlement for a Car Accident?
The settlement you receive after a car accident depends on a number of factors. This includes liability, comparative fault laws, and the value of your damages. With so many different variables to consider, there is no way to guess at the average value of the case without actually reviewing the details of a claim.
When our team sets out to determine the fair value of an accident, we perform a thorough investigation first. We gather evidence, including:
- Police reports
- Medical records, including doctor’s treatments and the prognosis for your injuries
- Medical expenses you have incurred
- Accident reports
- Video surveillance and still photos from traffic cameras
In some cases, we even hire accident scene reconstruction experts. We do this in order to establish liability in your case as well as the degree of liability.
Florida follows the pure comparative negligence statute. That means if you are found to be somewhat at fault for your case, by 10 percent, for example, the court only award you 90 percent of your compensation.
Our lawyers work hard to build a strong case using witness statements, accident scene photos, and other techniques to build the strongest possible case.
During our investigation, we also collect bills, receipts, estimates, and other documents to establish a value for your losses. This will allow us to calculate a fair settlement for when we are negotiating with the insurance company or the at-fault driver’s lawyer.
The total amount of losses you experienced as a result of the accident also impact the settlement you could receive. Florida is a no-fault state, which means you must first file a claim with your PIP insurance provider. However, this insurance coverage only pays for a portion of your medical expenses and lost wages. They will also not pay to repair or replace your vehicle, and if your injuries were severe and your car totaled, you could be left facing a mounting pile of bills you cannot pay.
There may be additional compensation available through a claim with the at-fault party’s insurance company or through a personal injury lawsuit, and you must first prove that you meet the serious injury threshold set by the state of Florida. Serious injuries include:
- A significant impairment that affects an important body part
- Permanent injuries leading to a disability
- Significant scarring and disfigurement
The severity of your injuries, the total value of your losses, and the degree of liability will, together, allow us to estimate what you may be entitled to collect as a result of your accident.
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What Damages Can I Collect for a Car Accident?
What Damages Can I Collect for a Car Accident?
If you win a settlement or verdict in your case, you may be able to recover damages including:
Economic Damages
- Medical care and related expenses
- Prescription drugs
- Necessary adaptive and mobility equipment
- Ongoing care costs
- Lost wages
- Diminished earning capacity
- Vehicle repair or replacement costs, including taxes and fees
- Rental car costs
- Other accident-related out-of-pocket expenses
Noneconomic Damages
- Pain and suffering damages
- Mental anguish
- Other emotional damages
The type of damages you can recover is dependent on the details of your case. It also depends on your ability to pursue compensation from the at-fault driver’s insurance company.
In the state of Florida, you first must file a claim with your PIP insurance provider. These policies can work well in cases where the accident was minor. However, PIP coverage only covers a portion of your medical expenses and lost wages, and then only up to the limits of your policy. It also does not cover the cost to repair or replace your vehicle.
Our lawyers often find during the free initial consultation that even when the victim believes an accident was minor, they may qualify for additional compensation through a personal injury claim or lawsuit against the at-fault driver.
To confirm this, our team reviews your medical records and assesses the seriousness of your injuries and whether they meet the serious injury threshold for the state of Florida. We also investigate the accident to establish that the other driver owed a duty to be careful while driving, that they breached their duty and caused an accident, and that the accident resulted in your serious injuries.
While investigating your case, we collect receipts, bills, and other documentation to determine the fair value of your claim in order to negotiate an agreeable settlement with the at-fault driver’s insurance to the fullest extent of your injuries.
If your family member died as a result of their injuries, you may be entitled to pursue compensation through a wrongful death claim. Damages you may be entitled to that are specific to wrongful death lawsuits include:
- Funeral and burial costs
- Any remaining medical expenses related to the accident
- Loss of support and protection
- Loss of companionship
- Loss of consortium
It is also important to note that Florida places time limits on the length of time you have to pursue a lawsuit. In the case of a personal injury accident, such as a car accident, you must file a lawsuit within four years. If you lost a loved one, you must file your lawsuit within two years of the victim’s death.
Can I Sue Someone Personally After a Car Accident?
Can I Sue Someone Personally After a Car Accident?
If you suffered serious injuries because of another person’s negligent actions, you may be eligible to hold them liable by filing an insurance claim or injury lawsuit. While Florida is a no-fault state, Florida law does hold drivers responsible for negligent behavior that causes serious bodily injury to others. You typically only sue someone personally after a car accident if the driver did not have insurance or if their insurance failed to cover the entirety of your losses.
All fault-based auto insurance claims hinge on proving the other driver acted negligently. Negligence includes careless and reckless actions, as well as drunk or distracted driving. Some of the most common ways drivers behave negligently and cause an accident include:
- Driving drunk or drugged
- Failure to consider road conditions, such as failing to slow down during rain
- Unsafe lane changes, often without signaling
- Failure to yield right of way
- Excessive speed
- Drag racing or other reckless behavior
- Drowsy or fatigued drivers
- Texting while driving or other distractions
- Violating other traffic laws
We know these negligent actions cause Orlando traffic accidents because we investigate every accident case we handle.
We work closely with accident reconstruction specialists who can get to the bottom of why a crash occurred. We also collect and analyze all other available evidence and build a strong case to prove negligence and file an insurance claim or pursue a personal injury lawsuit.
If we are able to prove negligence, you can recover compensation for your injuries and other losses. While the types of damages you may be entitled to collect depend on the details of your case, many victims are able to recover both economic and noneconomic losses. Economic losses include:
- Medical expenses, such as ambulance rides, emergency medical care, surgeries, hospital stays, doctor’s examinations, and rehabilitation
- Lost wages
- Future wages and benefits if you are unable to return to work
- Adaptive equipment
- Vehicle repair or replacement costs
- Other out-of-pocket expenses
Noneconomic losses refer to things that cannot be quantified, such as pain and suffering and emotional distress.
If your family member did not survive their injuries, you may be entitled to wrongful death damages, such as:
- Funeral and burial expenses
- Loss of consortium
- Loss of support and protection
- Loss of companionship
In many cases, the drivers in an accident may dispute the events leading up to the case. The at-fault driver may even claim that you had a degree of responsibility for the accident. Because Florida uses comparative negligence, you can still collect some amount of compensation even if it is found that you contributed to the accident. That said, our lawyers will use resources, witnesses, and technology to build the strongest possible case for you.
Will My Car Accident Lawyer Deal with The Insurance Companies For Me?
Will My Car Accident Lawyer Deal with The Insurance Companies For Me?
A car accident lawyer can manage your case from start to finish, dealing with the insurance companies on your behalf and helping you recover compensation to the fullest extent of your injuries.
The process of negotiating with insurance companies—even your own—is not always easy. Ultimately, their goal is to pay out as little compensation as possible, which means it can be challenging to deal with them on your own.
It is also easy to say something to your insurance company that can be taken out of context and used against you at a later time. That is why we recommend that our clients not even speak with insurance companies directly. It eliminates the risk that something you say will be used against you to show you deserve less compensation for your losses.
A lawyer can help by:
- Gathering evidence related to your claim and building a strong case
- Calculating the value of your losses to use in negotiating a fair compensation
- Avoiding mistakes that could impact the amount of compensation you recover
In many cases, during our free initial consultation, our team discovers that clients may qualify for additional compensation through a third-party insurance claim or personal injury lawsuit against the at-fault party. In order to confirm this, we conduct a thorough investigation in order to:
- Prove that the at-fault driver was, in fact, liable for the accident
- Prove that your injuries meet the serious injury threshold set by the state of Florida
You likely meet the serious injury threshold if you or your loved one has suffered:
- Permanent injuries
- A significant impairment that affects an important body part
- Significant scarring or disfigurement
- Death or an injury that will likely result in your death
Filing a liability claim against the at-fault driver allows you to potentially recover damages that were not available through your PIP insurance coverage, which only covers a portion of your medical expenses and lost wages up to the limits of your policy. These damages include:
- The repair or replacement of your vehicle
- Any remaining treatment costs not covered by PIP insurance
- Lost wages not covered by insurance
- Prescription drug costs
- In-home nursing
- Out-of-pocket expenses
- Pain and suffering
- Disfigurement
- Emotional distress
This additional compensation can be life-altering if your PIP coverage does not come close to covering the total cost of your losses.
How Long Does a Car Accident Claim Take to Settle?
How Long Does a Car Accident Claim Take to Settle?
The length of time it takes for a case to settle depends on a lot of factors, including:
- The complexity of your case and the number of drivers involved
- The severity of your injuries and damage to personal property
- The total value of the claim
- Whether or not the at-fault driver disputes the events that led up to the crash
- The strength of the evidence
We understand that after a car accident, especially a serious one where your injuries are severe, you could be facing what feels like a rapidly mounting pile of medical bills. And this financial stress can only amplify the physical and emotional pain that you are already experiencing.
This can make you want to rush to accept any offer that any insurance company or lawyer makes. But we also want to see you compensated to the fullest extent of your injuries and not feel pressured to accept a lowball offer.
After an accident, your first step should be to get the medical attention you need. Your second should be to contact a car accident lawyer who can help you understand your options for pursuing damages and fight for your rights. A lawyer can ensure the right procedures are taken to keep a case on track.
Florida law only gives us four years from the date of your crash to take the at-fault driver to court, so we recommend you giving us a call as soon as possible after your accident.
If you wait until after the statute of limitations has expired to pursue compensation for your damages, the insurance company has more leverage since it understands you have no other legal options if it decides to reject your claim. If you file a claim while you still have the option to file a lawsuit, it will encourage the insurance company to make a fair settlement offer to avoid a costly legal battle.
By contacting us right away after your accident, you will also give us the time we need to start gathering evidence and building a strong case. Many times, we discover during our investigation that our clients are often entitled to pursue additional compensation beyond what your own insurance company will pay. We can confirm this by proving the seriousness of your injuries and establishing liability in the case. Doing so gives us the option of pursuing compensation through a third-party insurance claim or a personal injury lawsuit. This additional compensation can make all the difference for you and your family in the months and years following a car accident.
Do You Have to Go to Court for a Car Accident?
Do You Have to Go to Court for a Car Accident?
Many drivers are able to recover fair compensation for their car accident without ever stepping inside a courtroom. This generally happens when the insurance company agrees to a fair settlement before taking the case to court or because your lawyer can pursue compensation in court without your testimony. Ultimately, whether you have to go to court will depend on how your case plays out.
Some factors that can impact whether you will need to go to court include:
- The severity of your injuries
- The value of your accident and the amount of money at stake as a result
- Whether the insurance company agrees to a fair settlement
- The strength of the evidence backing your claim
When we begin working on a case, we go to work right away investigating the accident and gathering evidence, including:
- Police reports
- Surveillance videos and still photos from traffic cameras
- Skid marks on the road
- Eyewitness statements
- Medical records
- Doctor’s treatment plans and prognosis regarding your injuries
- Bills, receipts, and other expenses related to your accident
We may even work with accident scene reconstruction experts in order to confirm liability in your case.
During our investigation, we often discover that we can pursue even more compensation through a third-party insurance claim or personal injury lawsuit. Pursuing damages through a third-party allows you to receive greater compensation for your losses to pay for the repair or replacement of your vehicle, total lost wages for your time away from work, future wages if you are unable to return to work, and noneconomic damages like pain and suffering you have had to endure as a result of the accident.
Many times, after building a strong case, we can settle car accident claims for fair compensation outside of court. In these cases, the insurance companies recognize that the evidence supporting your compensation request is strong and that they may very well lose in a legal battle in court.
We will not, however, avoid going to court if it would require us to accept less than a fair settlement in your case. Our clients generally agree that a court battle is worth the inconvenience in order to gain access to potentially tens of thousands of extra dollars in compensation to cover their losses.
What Happens if the At-Fault Party Doesn’t Have Car Insurance?
What Happens if the At-Fault Party Doesn’t Have Car Insurance?
It is illegal to drive without insurance in the state of Florida. Fortunately, there are a number of options for recovering compensation for the losses you incurred as a result of your accident. Typically, your options are:
- Filing a claim with your own personal injury protection (PIP) insurance provider
- Collecting on the collision coverage on your policy
- Filing an uninsured motorist (UM) claim
- Filing a lawsuit against the uninsured driver personally
We understand that if you have been in an accident, you are probably in pain and inundated with medical expenses. We know how stressful that is and that the added worry of recovering compensation from an uninsured motorist only amplifies your stress. Do not be discouraged, though. You can still recover compensation even when the at-fault party does not have insurance.
A lawyer can help you explore your best options for recovering damages after getting in an accident with an uninsured motorist.
When we begin working on a case, the first thing we do is conduct an investigation, gathering key evidence that will help us determine what your best option is for recovering compensation. Some of the evidence we collect includes:
- Police reports
- Medical records
- Bills, receipts, and other accident-related expenses
- Doctor’s treatment recommendations and prognosis
- Eyewitness statements
- Video or still photos from traffic cameras
- Skid marks at the scene of the accident
- Statements from accident scene reconstruction experts
This information will help us confirm that the other driver was at-fault in the accident, establish whether you contributed to the accident at all, calculate the total value of your losses, and determine whether your injuries meet the threshold requirement of “serious” that allows you to pursue a personal injury lawsuit against the at-fault driver. Whether we pursue this course also depends on the financial standing of the at-fault driver and whether it is possible to recover enough to make the litigation worthwhile.
If we believe that the driver has enough resources to pay out of pocket for your damages, this may be the best option for recovering compensation for your losses.
It is important to begin exploring your options right away after an accident, as you may lose the option to file a claim with your insurance company if you do not contact them within weeks of your accident.
Talk to a Car Accident Lawyer in Orlando, FL
The injury lawyers at Law Offices of Anidjar & Levine can help you understand your options after an Orlando car accident. We offer free case reviews and may be able to help you hold the negligent motorist accountable. Let us try to win a settlement or verdict on your behalf. Call us today at 1-800-747-3733 for your free consultation with a member of our team.
