Car Accident Lawyer Orlando

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​​If you have been in an auto accident, whether it was your fault or not, you need to act quickly. You should consider several factors before you decide who will represent you in this trying time. First off, if another person is injured in the accident, then you need to contact the authorities immediately and give them all of the information that the law requires. If they want to question you about what happened or ask for your version of events, then cooperate fully. This assures that there won’t be any big problems down the road when making an auto accident claim against the other party involved.

As far as who will represent you during this time? The easiest thing might be to find an attorney who has experience dealing with car accidents that result in injury. If the other party were at fault, you would file a claim against their insurance policy. Although it is best to have an attorney handle this for you, most states allow you to file a claim yourself with no legal representation.

When victims file auto accident claims alone, the insurance companies benefit. Unfortunately, connecting with a law firm for a free consultation about a claim or an Orlando car accident case can feel like just one more responsibility during an already difficult time. That is why many people simply file insurance claims on their own.

CarAccidentAttorney.com is a law firm directory. Instead of going through the process of directly reaching out to law offices, requesting consultations with an Orlando car accident lawyer, and hiring legal representation all on your own, CarAccidentAttorney.com law firm referral service can connect you with a car crash lawyer to make the process as simple as possible. 

Once you connect with a Central Florida attorney, you will have the opportunity to discuss things like the specifics of the auto accident, details of the police report, your insurance coverage, the impact that your severe injuries have had on your life, and more. In addition, you will learn about how they can help you seek compensation from the at-fault party and how they can help you with wrongful death claims if you have lost a loved one in a tragic accident.

Read more below about how personal injury attorneys can help you after an auto accident, and contact us as soon as possible to get started on your own Orlando, FL, accident case or wrongful death lawsuit.

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Florida Laws for Road Safety: Car Accident Lawyer Orlando

Florida has enacted a range of laws to reduce the risk of car accidents and injuries, such as spinal cord damage, traumatic brain injuries, and other serious injuries. A skilled car crash attorney Orlando, at a personal injury law firm, can use these laws to your advantage for maximum financial recovery. 

Speeding Laws

Orlando has specific speed limits for various types of roads, and exceeding these limits constitutes speeding. Under Florida Statutes § 316.183, drivers must observe posted speed limits and adapt to road, weather, and traffic conditions. Florida enforces penalties based on the degree of the speeding offense, with fines increasing with higher speeds over the limit. Speeding in school zones or construction areas incurs harsher penalties. 

Distracted Driving Laws

Distracted driving, primarily due to mobile phone use, is addressed under the Florida Ban on Texting While Driving Law (Florida Statutes § 316.305). The law prohibits drivers from using a mobile device to text, email, or instant message while driving. This offense is classified as a primary offense, meaning officers can stop drivers solely for texting. The law is more stringent in school and work zones, where any handheld mobile device use is prohibited. 

Failure to Yield Laws in Florida

Failure to yield is a significant cause of intersection-related accidents. Florida law (Florida Statutes § 316.121) mandates that drivers yield the right-of-way in specific situations, such as when turning left, merging onto highways, or entering roundabouts. Pedestrian right-of-way laws also require drivers to yield to pedestrians in crosswalks. Violation of these laws can lead to fines, points on the driver’s license, and liability in accidents. 

Drunk Driving Laws 

Orlando has strict laws against driving under the influence (DUI), with legal blood alcohol concentration (BAC) limits of 0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. Under Florida Statutes § 316.193, DUI offenses can lead to significant penalties, including fines, jail time, license suspension, and mandatory DUI education. Repeated offenses lead to harsher penalties. An Orlando accident claims attorney can provide you with solid legal representation in a car crash caused by a drunk driver.

Aggressive Driving Laws 

Aggressive driving, which includes actions like tailgating, erratic lane changes, and speeding, is penalized under Florida’s “Careless Driving” laws (Florida Statutes § 316.1923). Florida law defines aggressive driving as a combination of two or more traffic offenses, such as speeding, failing to yield, and improper passing. Those found guilty of aggressive driving face fines, points on their licenses, and potential liability in accidents. 

Reckless Driving Laws in Florida

Reckless driving, defined as willful disregard for the safety of others, is a criminal offense under Florida Statutes § 316.192. Actions that endanger others, such as excessive speeding and dangerous lane changes, may qualify as reckless driving. Penalties include fines, jail time, and points on the driver’s record. In severe cases, reckless driving may result in felony charges, especially if it leads to severe injury or death. 

Red Light and Stop Sign Laws in Florida

Florida law mandates that drivers come to a complete stop at red lights and stop signs (Florida Statutes § 316.075). Running a red light or stop sign can lead to fines, points on a driver’s record, and increased insurance rates. Red light violations caught by cameras are penalized with fines, although no points are added. These laws aim to prevent dangerous intersection accidents, which are often severe due to high-impact collisions.

Move Over Law in Florida

Florida’s Move Over Law (Florida Statutes § 316.126) requires drivers to change lanes or slow down when approaching emergency vehicles, tow trucks, and utility service vehicles stopped on the roadside. The law is designed to protect roadside workers and law enforcement officers. In an Orlando personal injury case, you may recover damages beyond the Personal Injury Protection (PIP) coverage through a personal injury lawsuit. 

What To Do After You Were Involved In an Orlando Motor Vehicle Accident

Many times, car accident victims don’t know what to do after an accident, and struggle to think clearly as they are dealing with pain, adrenaline, and fear. The most important thing to remember after an Orlando car accident is that your health and safety are your top priorities — the following steps are meant to give you the ideal accident claim, but none should come at the expense of your health.

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Nearly 1.5 million people were injured nationally in car accidents in 2019, with a total of 12,239 fatalities in that year. Insurance companies handle thousands of claims each year, and are highly skilled in handling these processes in a way that benefits them. Fight back with the help of an Orlando car accident lawyer.

not a problem. Knowing that there are Orlando car accident lawyers who can help you deal with the insurance company after the fact can give you peace of mind and confidence to stay focused on your immediate needs without worrying about the long-term effects of your medical bills or other damages.

Focus On Safety

Your safety should be your main focus in this situation, and much like when an oxygen mask is deployed in an airplane, you should take care of yourself before others. When your body is coursing with pain and adrenaline it can be difficult to stay centered and remember to take care of yourself, especially when there are police lights flashing, EMTs asking questions, and other sensory distractions. 

Insurance companies are known to send an insurance adjuster to the scene of an Orlando car accident to get statements from the victim like “I am OK” or “I am sorry I didn’t see the other driver taking a left turn,” so they can either downplay the severity of injuries or try to pin additional blame on the victim. With these types of statements after an auto accident, an insurer will try to use it as proof that they don’t need to pay for medical expenses, lost wages, or other repercussions. Their reasoning is that the victim took responsibility for the crash (by apologizing) or the medical bills must be caused by other injuries (because they weren’t hurt at the scene).

Don’t feel obligated to speak to anyone about anything other than getting the care you need. And remember that your Orlando car accident lawyer will help you sort out the details — including your medical bills — after you’ve taken care of your initial medical issues.

Call 911

If possible, call 911 before even stepping out of the car to survey the car accident scene. By doing this, you will ensure that trained professionals and local law enforcement agencies are on their way to the accident scene to provide emergency care for any injuries suffered, secure the area, address any hazards, and write a police report. Secondly, calling 911 before speaking with the other driver will avoid the possibility of a confrontation if the other driver tries to convince you to deal with things directly instead of involving the authorities. 

Orlando auto accident attorneys will encourage a car accident victim to always call 911 because there are unfortunate situations where a negligent driver will change their story once the personal injury claims process begins. Without an official police report or eyewitness accounts to present driver negligence to their insurance company, it may ultimately be your word against theirs.

Document the Accident

No matter how vivid auto accidents may seem at the moment, it’s important to remember how unreliable our memory is. If possible, record video of the scene and narrate as you film, pointing out the motor vehicles involved, the events that led up to the car crash, and any other details about the accident that you believe will be helpful. 

Orlando car accident lawyers understand that the information they get from clients may not be 100% accurate and are able to build a strong case regardless; however, they appreciate having immutable documentation such as police reports, photos and videos, witness statements, and medical records that can help build a strong case whether you are filing with your own insurance company or the other driver’s insurer.

Let EMTs Examine Your Injuries

When EMTs arrive at an Orlando car accident, victims may reject getting care or taking an ambulance out of fear of the long-term cost of medical expenses, but this decision may come back to haunt them. If you suffered a car accident injury, getting immediate care is absolutely essential for your health; secondly, adrenaline is a powerful pain inhibitor that may cause you to overlook serious injuries; finally, each interaction you have with a medical professional will generate important documentation for your car accident claim.

Allow the EMTs to give you a thorough examination to determine whether or not you have suffered severe body, head, or even spinal cord injuries. If they recommend that you take an ambulance to the emergency room to get care for your personal injuries, it is in your best interest to do so. Remember: each step you take to get the care you deserve will also help create evidence to support your personal injury claim once you connect with an Orlando car accident lawyer.

Seek Followup Medical Care

Even if you take an ambulance after your car accident, one of the first calls you should make is to schedule an appointment with your primary care physician for a full exam. When Orlando car accident victims don’t get medical attention, insurance companies use this as “proof” that their injuries are not as serious as they or their Orlando car accident lawyer claim. 

Seeing your doctor, much like working with EMTs at the accident scene of a car crash, serves multiple benefits. Most importantly, you are getting important care that will help you work towards recovery after your serious car accident. You will also be generating documentation that Orlando car accident lawyers can use to add context and further proof to your Florida car accident case as they fight to get you the maximum compensation for your many damages.

Hire a Lawyer

As you may now realize, Orlando car accidents lead to complicated claims that are best handled with legal representation. One of the best decisions you can make is to connect with an Orlando car accident lawyer as soon as you are able to do so once you’re immediate medical and personal needs are met. They will discuss your situation and give you a better sense of your rights as a victim of someone else’s dangerous or reckless driving.

With so many responsibilities falling on the shoulders of an already-overwhelmed individual dealing with possibly catastrophic injuries, taking the additional step to reach out to a law firm of Orlando car accident lawyers to request a free consultation may feel impossible. Unfortunately, many people simply initiate the claims process on their own and realize too late that the insurance company is working hard to pay as little as possible.

 

CarAccidentAttorney.com makes it easy for people involved in an Orlando car accident — or their surviving loved ones in the event of wrongful death — to connect with an experienced car accident lawyer to learn more about their rights under Florida personal injury law. Contact us as soon as possible and we will schedule a free consultation on your behalf so that you can stay focused on what is truly important: healing, staying calm, and focusing on moving forward from this painful and traumatic experience.

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Common Injuries After a Car Accident

With almost half of all car accidents caused by negligent drivers resulting in injury, you need to be prepared for all types of scenarios in the case of a crash. The following injuries are just a few of the many common and serious injuries that people commonly suffer from after Orlando car accidents.

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There were a total of 11,422 injury crashes and 165 fatal crashes in Orange County, Florida in 2020

Whether or not you see your injuries mentioned below, contact us as soon as possible to connect with reputable Orlando car crash lawyers who can help you navigate this complicated legal process and get the money you deserve.

Whiplash

One of the most common head and spinal cord injuries to occur during an automobile accident is whiplash. According to the Mayo Clinic, “Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.” 

This type of injury often comes from hard braking, sudden swerving, and collisions.

Bruises

In addition to whiplash, cuts and scrapes are to be expected when getting in an automobile accident, even a minor one. For those who have sensitive skin, the bruises after an Orlando car crash can make injuries particularly painful and irritating throughout the healing process. 

If you have bruises that are especially painful to touch, it could indicate more serious injuries such as internal bleeding or a hematoma. So this type of injury should be examined by a medical professional as soon as possible.

Traumatic Brain Injuries

Head injuries are among the most serious and long-lasting injuries that people suffer after a car accident. In severe automobile accident cases, brain trauma can be life-threatening or fatal if not treated properly. Even a seemingly-minor concussion must be examined by a doctor to ensure that there are no additional complications that are being overlooked.

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Like whiplash, head injuries often result in cuts, scrapes, and bruises. However, it can also cause swelling that can result in vision problems like blurred or double vision. Statistics show that more than 1.7 million Americans suffer traumatic brain injury every year due to motor vehicle collisions, which makes this one of the most common types of Orlando car accidents. Head injuries may also include internal bleeding, which requires immediate medical attention before it becomes life-threatening.  

Internal Bleeding

Internal bleeding is another very common injury in car accidents. A person can bleed internally when the force of the crash causes an internal injury to the fragile and soft tissues of the organs in their body. It could also happen when a broken bone pierces through an organ. 

Blood carries oxygen throughout our bodies via red blood cells, so bleeding inside will result in serious problems. Some signs of internal bleeding include:

  • Lightheadedness or dizziness, because your body is not getting enough oxygen
  • Abdominal pain or pressure from swelling in the digestive organs due to a hernia
  • Coughing up blood from the lungs, which usually indicates a pulmonary contusion. In this case, you will also likely be suffering from chest pains.  

The main treatment for internal bleeding is emergency surgery because it could result in further injuries if left untreated or treated improperly.

Fractures

Broken bones are among the most common injuries after an Orlando car crash. Broken bones can result in anything from hairline fractures to shattered limbs and even paralysis, depending on the location and severity of the injury. 

Unfortunately, it is possible for someone to suffer these types of injuries without ever being involved in a collision with another vehicle. Even hitting something as simple as a curb could result in significant injuries that require extended medical attention.

Post-Traumatic Stress Disorder

An Orlando auto accident attorney knows that car accidents are traumatizing on their own without the added factor of multiple injuries. The scarring effects of car accidents can cause lasting mental and physical damage to those who experience them. For accident victims, anxiety and PTSD is not uncommon. 

If you are experiencing symptoms of PTSD after a car accident, it is important to seek counseling for this mental health condition. The non-economic damages that PTSD and other emotional issues cause are difficult to quantify, but an experienced Orlando car accident attorney will work to ensure that this very real issue is included in your settlement negotiations or car accident lawsuit.

Delayed Injuries

If you have been in an accident, it is important that you document your injuries and seek medical attention. In the event that you do not feel hurt, you should still seek medical attention as some injuries are not immediately apparent and take time to surface. 

If you have an injury that surfaces weeks, months, or even years after your Orlando car accident, it will be even more difficult to navigate your car accident case. Seeing a doctor after an automobile accident, even if you believe that you are not injured, is important because they can help identify car accident injuries that you may not have noticed. That means they will be able to establish medical documentation that you can refer back to in the future.

Establishing Fault After an Orlando Car Accident

One of the first things that Orlando car accident lawyers must do is establish that their client was the victim in the car accident and then establish who is at fault and, therefore, liable for the resulting damages. 

Was the car accident caused by drunk driving? Not obeying traffic laws? Running a red light? In some instances, such as a drunk driving accident or a crash caused by someone driving at high speeds, it can be easy to look at the situation and understand exactly what went wrong. Unfortunately, this is not commonly the case, and many details and questions must be addressed in order to make total sense of what happened and move your car accident lawsuit forward.

An insurance company representative will take advantage of every unclear detail during an insurance claim in order to reduce the amount of liability they must assume for current and future medical expenses. Working with a detail-oriented and aggressive personal injury attorney during this process will help you stay firm and hold your ground without accepting any more fault than you are liable for and ensuring you’re compensated for all injuries sustained.

Modified Comparative Negligence Rule in Florida

In 2023, Florida adopted a modified comparative negligence rule with a 51% bar, significantly affecting personal injury claims. Under this law, a plaintiff’s ability to recover damages depends on their percentage of fault in causing the accident. If a plaintiff is found 50% or less at fault, they can still recover damages, but their percentage of fault will reduce their compensation. However, if they are 51% or more at fault, they are barred from recovering any compensation.

This rule replaces Florida’s former pure comparative negligence system, where plaintiffs could recover damages regardless of their level of fault. The new 51% bar aims to prevent high-fault plaintiffs from receiving damages, reflecting a shift in Florida’s approach to liability. You should seek legal help for an Orlando car accident from a proven Orlando personal injury lawyer to protect your right to compensation.

Stakes are Higher for Injured Victims with the 51% Bar Rule

An insurance company may try to use this rule to its advantage by attempting to pin as much fault on the claimant as possible to protect its bottom line.

Your Orlando auto accident lawyer will go through the details of your accident to ensure that you are not taking on the financial burden of someone else’s behavior by negotiating a fair proportion of fault (if any) in your personal injury lawsuit. A car accident lawyer understands the importance of this legislation but equally understands the importance of using it as intended — not as a law meant to save insurance companies more money.

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Calculating Personal Injury Damages

Once the matter of fault has been established in an Orlando car accident, the next step is to calculate all of the damages a victim has suffered before moving forward with negotiations to recover compensation from the insurance company. 

A personal injury case or wrongful death claim both seek “compensatory damages,” which, as the name implies, is intended to recover compensation for the damages and losses that a victim suffered due to the accident. These damages are further subdivided into two distinct categories that are equally important but drastically different.

Economic Damages

Economic damages apply to losses that have set and measurable monetary values. These include medical bills, lost wages, repair and replacement costs for damaged or destroyed personal property, the cost of goods or services a victim must purchase to help with their injuries, and more.

Economic damages do not require special calculation methods to reach a clear sum because their value is transparent. These damages get tricky when it comes to identifying ALL economic damages, which requires close attention to detail and a comprehensive understanding of car accident cases, both of which your Orlando car accident attorneys bring to your case. 

Don’t Leave Money On the Table

Depending on the non-economic damage calculation your Orlando car accident attorney uses, each $1 of economic damages may translate to anywhere between $1.50 and $5 of non-economic damages, so there is no economic damage that should be considered too small to include.

Non-Economic Damages

Non-economic damages are a much more complicated issue for someone working to recover compensation after a car accident, especially without the help of an experienced Orlando car accident lawyer. These damages cover any impact of an accident that does not have any set or measurable dollar value associated with it and typically do not have an easy way to quantify the damage due to the abstract and often subjective nature of these damages. 

The most common non-economic damages in Central Florida car accident cases include the pain and suffering that a victim must endure as a result of their injuries. These damages can also include the emotional anguish, depression, and fear that such a terrifying and painful experience can cause.

The Multiplier Method for Calculating Non-Economic Damages

The multiplier method is used in most states to calculate non-economic damages, which include pain and suffering damages. The multiplier method uses a relationship between income and subjective pain and suffering losses based on empirical data.  The multiplier is a number used to determine the subjective value placed upon an individual’s pain and suffering.

The use of empirical data in awarding non-economic damages has been criticized for being too abstracted from reality. Most plaintiffs have difficulty understanding the concept of the multiplier method because it fails to provide them with an explanation as to why they should receive a certain dollar amount for their pain and suffering losses, and insurers are quick to capitalize on this difficulty by aggressively denying or downplaying such damages in order to protect their financial interests.

Per Diem Method for Calculating Non-Economic Damages

The per diem method is used in most states to calculate non-economic damages in personal injury cases. The per diem method calculates the value of non-economic damages by multiplying the number of days for which pain and suffering is experienced by the number of dollars awarded for each day — a figure determined with the help of your car accident lawyers and the team at their law firm. 

The number of days that pain and suffering should be compensated for is determined by applying the plaintiff’s age, life expectancy, and the impact of the injuries on his or her ability to perform daily activities. There are many other factors that can help an attorney determine fair compensation in a car accident case.

Frequently Asked Questions

The following are just a few of the many different questions that are commonly asked during initial consultations with personal injury lawyers following a serious car accident in Orlando, FL. Keep in mind that the following answers are meant to be general and high-level and should not be taken as legal advice. In order to get a clear understanding of your situation, contact us as soon as possible to connect with an experienced attorney for a free consultation.

What does it mean that Florida has a “no-fault” insurance system?

Florida is a “no-fault” state for insurance, which means that insured drivers can seek compensation from their insurance companies regardless of who the at-fault party is. However, this system has limitations because the Personal Injury Protection (PIP) policy that every Florida driver is required to have will only pay up to $10,000 in damages. When damages exceed this amount, the victim must seek additional compensation from the other driver’s insurer.

PIP is meant to expedite the majority of accident claims, which typically result in less than $10,000 in damages, but is absolutely not the final option for getting the money you deserve.

How much is my car accident case worth?

There is no simple way to answer this question, because an experienced attorney and their team at their law offices will need to conduct a thorough examination of your damages to determine what you have lost and what you are owed. 

Things like medical expenses and lost wages make up a bulk of the economic damages, and each of these is highly variable depending on factors like a victim’s salary, the extent of their medical care, and much more. Additionally, non-economic damages are equally variable and are dependent on the economic damages in order to reach a final calculation.

Will I need to file a lawsuit to get the compensation I deserve?

Many civil cases are settled before trial, and many are settled before even filing a lawsuit. Lawyers are often incentivized to settle to avoid time-consuming and costly court processes while retaining control over the final decision of the amount of money you ultimately receive. 

When left to trial, the amount that a victim is awarded is determined by a judge and/or jury. Although there are rare instances when an attorney will push for a lawsuit (such as when they believe their client may be entitled to punitive damages), there is no way to know how your case will be handled until it is in process.

Is it worth it to hire a car accident attorney after a crash?

There is no legal requirement for anyone to hire an attorney for a car accident claim, but the reality is that working with a lawyer is a beneficial decision that can give you support and peace of mind as you work towards getting the money you rightfully deserve. Tort law is complicated, and insurance companies are financially motivated to settle claims against their clients for as little as possible. This is achieved by using a number of different tactics that overwhelm and intimidate a claimant into accepting a far lower settlement than the damages they have suffered. 

Many people believe that they are unable to afford legal representation, but car accident attorneys operate on a contingency fee basis, meaning that they receive a percentage of the final award as payment. If your lawyer does not win your case, you don’t pay. You can learn more about contingency fees as well as the other benefits of legal support during your free consultation.