Florida Car Accident Guide

The Florida Car Accident Guide was created by Victory Law Firm to help injured residents obtain maximum compensation. Call our lawyers for a consultation.

Florida Car Accident Guide


Have you been seriously hurt in a car accident that was caused by someone else being careless on the road? We are terribly sorry that this is your reality and we want to be able to give you the justice that you deserve in this terrible time. It’s often an isolating feeling to be harmed badly by someone else in an accident that could have easily been prevented had they acted differently. Our Florida car accident lawyers understand what you are going through and we also know exactly what needs to be done to ensure the best possible results from your case. Please call us to set up your free, first consultation and get started on getting justice.

Getting the Results You Deserve

There are several things that you need to know about receiving justice after a car accident case. First, you need to understand what form of justice we are going to be pursuing. Civil cases such as car accident cases are going to pursue a financial compensation award. The compensation award will include past and future medical expenses, pain and suffering as well as lost wages. It breaks down into two categories; economic damages and non-economic damages. Your economic damages are any way that you’ve lost money because of this car accident, such as medical bills or property damage to your vehicle. Non-economic damages are more subjective types of damages that refer to how your life has been affected by this accident such as mental anguish or loss of life quality.

You should be aware that in the state of Florida (in particular for auto accidents) you are going to have to face the fact that this is a no-fault state. That means you are going to fall onto your own insurance for compensation for your injuries. Everyone is required to have $10,000 of car insurance for these types of incidents; however, if you’ve been seriously injured, then we are going to be pursuing a civil case. Serious injuries can include permanent damage as well as scarring and disfigurement or loss of limb. If you believe that you are past the threshold into serious injury territory, then we hope you reach out to us urgently to discuss receiving your fair compensation award.

Please note that while we are knowledgeable and experienced in these types of cases, it is near impossible to come up with a compensation award number that would accurately predict what you’re going to receive in the end. If you meet with Florida car accident lawyers who claim to know exactly how much compensation they can get you before they know much about your case, you need to turn around and leave because that’s not how these cases tend to work. We need to know what your maximum medical recovery is going to be before we can fully understand what your compensation award should be. Just be aware of this when you are looking for the right attorney to handle your case. Our lawyers do our due diligence to determine the facts about your case before we give you definitive information about what you can expect to receive in the end, and this can take time.

Act Fast

When you are involved in an accident, it is common for you to be confused about what happens next. Almost everyone who goes through a car accident case for the first time is left wondering what they do now and how much time they have to talk to a lawyer. You may not be aware but in Florida the statute of limitations is four years. What that means is you have four years from the date of your car accident to file your case in civil court. If you file your case after the four-year deadline, then you would end up being barred from receiving justice.

It would be an absolute tragedy for you to lose out on your chance to receive justice simply because you didn’t reach out to our Florida car accident lawyers within a proper timeline. We understand that sometimes things slip off of your radar and no longer become a priority. It might be difficult for you to prioritize something like a civil lawsuit for a car accident case because you’re too worried about your everyday responsibilities as well as your injuries to think about it. Time can sleep away from you too quickly. We strongly advise that you keep this in the forefront of your mind and reach out to a lawyer sooner rather than later. Don’t give yourself time to forget that you are on a legal deadline. Call us from the hospital even to set up a free consultation. We are here for you as soon as you need us and we truly believe that the sooner you reach out the better.

Obstacles in Our Way of Success

There are going to be certain challenges involved in a successful case. We understand that you’ve never gone through this before so we don’t want you to feel burdened by the possibility of obstacles in the way of success for your case. When you hire Florida car accident lawyers to help you with your case you are essentially bringing on someone that is meant to help you through this in the best possible way. Your lawyers are there to foresee any obstacles coming and handle them head on. However, there are some things that you need to know before you talk to us so you can ensure that your rights to justice are protected.

While we will handle most of the obstacles while we are in the midst of this case before you even file you need to know that the insurance company of the liable party is not your friend. They are out to make a profit and that means they will try to offer you a settlement that’s too low and they will also try to weasel their way out of responsibility for your case which we will work to stop them but they also have other tricks up their sleeves. They are going to try to get you to give them a recorded statement following your accident. This will be under the guise that you are helping them resolve your claim faster. What you don’t know is that they are trained to ask you questions that guide you into answering in a way that is unfavorable to you. If they can get you to say something that allows them to reduce the value of their claim they can and will use that against you so they can save themselves money in the long run.

It is vitally important that you let your Florida car accident lawyers handle communications between you and the liable party’s insurance company in order to protect your rights to justice.

How a Lawyer Can Help

When you have a lawyer by your side fighting for your rights, you are essentially going into the civil case with a strong fighter against your opponent, who is seasoned at this type of battle. Going in alone is asking for the insurance company to step all over you and rob you of justice. It’s our job to ensure that we are holding the liable party accountable for the injuries and damages you’ve had to suffer. We want them to know that it’s not OK what they’ve done and that they need to provide you with justice.

Lawyers also give you peace of mind. You likely don’t understand a ton about these types of cases and it’s our job to keep you well-informed about your case without worrying you about the semantics of the law. We would never expect someone to become an overnight expert on car accident litigation to proficiently represent themselves so it’s always a benefit to have someone who’s already got the breadth of knowledge that you need to win a case.

You can always be in the know about your case with your lawyer as much as you need to and we will never overburden you. The whole point of having a lawyer by your side is to make this easier for you and we hope to provide you with that when you call as soon as you are able to set up a free consultation.

Frequently Asked Car Accident Questions

After a car accident in Orlando, is it a good idea to talk to the insurance companyAfter a car accident in Florida, is it a good idea to talk to the insurance company?

A client contacted us because an insurance company requested a recorded statement from him, and he was clearly concerned so he contacted us. Should you give a recorded statement? Well, what a lot of people don’t know is that you’re contractually obligated to give a recorded statement to your own insurance company. You do not, on other hand, have to give a recorded statement to the insurance company for the other person.

What’s important is that you retain an attorney that can assist you with that process and make sure that the questions that are asked are appropriate questions for the case. You don’t want to answer questions related to things that aren’t material to the case. You don’t want them going on a fishing expedition, so it’s important that you have an attorney that’s going to sit there, that’s going to be with you on the line while they’re asking you questions, to protect your rights and make sure that the statement is focused on what needs to be asked.

Yes, you have to give a recorded statement. The things is, when you initially call the insurance company, it’s usually on a recorded line and they’re going to try to get you to give statements and make admissions immediately upon calling the insurance company, so it’s always best, like we tell all our clients, if you’re ever involved in a motor vehicle accident, please call us first. We will be able to assist you in every stage of the case. For answers to these or other questions, feel free to give us a call. We’ll be happy to help you.

How can I determine the value of my case in Florida?

Our clients always seem to ask, “How much is my case worth? How much am I going to get?” They search on the internet, they ask, and they try to find a way to determine what that is. There’s really no simple way to really gauge the value of the case. The reason is because every case is different. Every individual is different. Every injury is different. All the facts of the case are different, so it’s very difficult for any attorney to say your case is worth X amount. We really don’t know what the case is going to be worth until after all of the person’s treatment is done. Until we know exactly the type of injuries that were sustained, they type of treatment, the amount of lost wages, that’s when we can get a better idea of what it’s worth.

As a generality, the value of the case is determined by the amount of outstanding medical bills or the medical bills that you’ve accumulated in your treatment, the type of injuries and how those injuries are going to affect you in the future, the cost of future medical care and lost wages, and your pain and suffering. Those are the elements that go into determining the value of a case.

As you can see, until we have a better understanding of that individual’s actual injuries, what they’ve suffered and the type of treatment they’ve done, it’s very difficult to say. What is important is to hire an attorney that’s familiar with car accident cases in Florida that can actually evaluate the case properly and help you get the most out of your case.

How do I select the best car accident attorney in Florida?

We were having a conversation the other day with one of our clients. We were doing her closing, and she mentioned that she was very glad that she retained us as her attorney. How can someone can select the best attorney for an auto accident in Florida? We think one of the most important things is experience. You need an attorney that’s been doing this for long enough to know who the players are, to know what the car insurance is going to do, to prepare and document your case appropriately, to get the best recovery possible on your case.

The other thing is who is going to be handling your case. It’s very important when you hire an attorney that the attorney handles your case. Many of these other law firms have paralegals that handle the case, basically, from beginning to end. It’s important that you meet with them, ask the attorney questions, and make sure the attorney is the one that’s handling your case so you can get the best results possible for your motor vehicle accident in Orlando, Florida.

For this or any other type of questions, feel free to give us a call. We’re here to help.

How does lost wage reimbursement work?

Just the other day, a client who had been involved in a motor vehicle accident in Orlando contacted us. His injuries were such that he wasn’t able to continue working, and he believed he might be out for as long as two weeks. He was very concerned about his lost wages because many people in the United States don’t have enough savings to cover any type of interruption in work.

Fortunately, in Florida, under the PIP statute, the no-fault law, you are entitled to receive a percentage of your lost wages as part of the benefits that you obtain through that insurance. It’s important to talk to an attorney that’s familiar with this area of law so they can assist you to make those claims, so you can get your lost wages, so that you can continue doing your treatment and continue taking care of yourself, not worrying about how you’re going to make rent, how you’re going to pay your kids’ tuition.

For this or any other questions, feel free to give us a call. We’d be happy to help.

How long is it going to take to resolve my car accident injury claim in OrlandoHow long is it going to take to resolve my car accident injury claim in Florida?

Many clients tend to ask how long the process is going to take, specifically, “How long will it take for me to resolve the case? How long am I in for?” and it depends on every case, of course. Typical cases are going to require you to, first and foremost, get better. That is the treatment phase, which is when you’re going to the doctor, making sure that your injuries are tended to, making sure that you’re back to your old self or as close to that as you can be. That usually will take anywhere from three to six months. Obviously the more injured someone is, the longer it’s going to take, so that question is difficult to give a direct answer to.

Most cases resolve without the need of going to court. Usually it’ll be a few months after you’re done with your treatment, but it depends. It’s a long process. What we always tell our clients is, “Look, don’t worry about the legal side. Let us worry about that.” Their job is only to get better, and that’s what we would tell you or any of our clients, is to focus on getting better.

For this or any other questions, feel free to give us a call.

What are some common mistakes that people make that can ruin their accident claim in Florida?

We were meeting with a client last week about a car accident case that he had in Orlando. He was informing us that he spoke to the insurance company already, before he had called our office, and that got us thinking, “What mistakes do people usually make?” and that’s one of the big ones, to contact the insurance company before you hire or speak to an attorney. The reason is the insurance company is not really there to help you with your claim; they’re there to limit their exposure, which means they’re there to try to resolve the case making as low a payment as possible.

The insurance company is going to ask you questions that really might not benefit you and your case but will benefit them in case they need any coverage defenses or if they need to defend the case in any way. It’s very important that you speak to an attorney first, before you do anything else, so they can properly prepare and properly communicate with the insurance company so you don’t answer a question that maybe you shouldn’t answer or give information that’s not going to help you in your case.

The other mistake is not documenting the accident. What we mean by that is not calling the police. Many times, when people get into an accident, the damage doesn’t seem that severe and they opt not to call the police. That’s a very big mistake because, without that documentation from the police officer, the other person can say anything they want when they’re called by the insurance company and say that you were at fault when you clearly weren’t. It’s very important that it’s documented and the police are called. It’s required by law. Those are the two big ones.

Obviously, you should take photos of the scene and take photos of the damage to both vehicles. That’s also important and can be a mistake if you don’t do that. The main mistakes are not recording the accident and, obviously, speaking to the insurance company without an attorney. For this or any other questions, feel free to contact us. We’ll be happy to help.

What happens if I was in a car accident and the other driver doesn’t have insurance?

A common question and a common situation that we get with our clients is what happens in the event that the other person doesn’t have insurance. Believe it or not, this happens a lot in Orlando, Florida, where people are driving without insurance or without the appropriate types of coverage. We always recommend all of our clients, all of the people in our family, everyone that we speak to, obtain something called uninsured motorist insurance. That type of insurance protects you in the event that you are involved in a motor vehicle accident with someone that’s uninsured or underinsured. That coverage will step in and protect you for your injuries, your lost wage claims, and put you back to the position you were prior to the accident.

In the event that the person doesn’t have insurance, that doesn’t mean you don’t have a case. There are still many things that we can do to properly investigate the case, but they’re very fact-specific. Initially, you want to see if you have uninsured motorist coverage. If you don’t, you still may qualify under a family or relative’s uninsured motorist coverage.

There are still many avenues we can take in order to try and make a recovery for you. Just because that person was not insured or didn’t have the appropriate coverage doesn’t mean you should walk away, give up, or decide not to do anything. You should still consult with an attorney, still have them look at the case, because a lot of times, when you dig, you’ll find some type of coverage to help many of our clients. For this or any other questions, feel free to give us a call for a free consultation.

What should I do if I was injured in a car accident?

When people are injured in car accidents in Florida, one of the first things we always recommend to our clients or our family members to do is to obviously contact the police, first and foremost. If you need an ambulance, if you feel like you’ve sustained injuries that need immediate attention, call an ambulance. Do not worry about insurances. Do not worry about the cost. Always worry about your health first. That’s first and foremost, to get out of the danger zone, so to speak.

After that, before you do anything else, consult with an attorney that’s knowledgeable in car accidents in Orlando, Florida. The reason is that they’ll be able to explain to you the next steps and how to proceed in the event of a car accident. Obviously, after calling the police, get treatment for any type of injuries that you sustained. Call the insurance company to make sure that the claim is set up appropriately. Give any statements that need to get made. All that should be done through your attorney because there’s a lot of pitfalls that people can fall into if they attempt to take those steps by themselves. Cases where fault is not clear could end up hurting you, as they could end up making the case seem more like it’s your fault than it really is.

It’s very important to get assistance immediately from the onset of a case. For this or any other questions, please give us a call. We’d be happy to help.

Who is going to pay for my medical bills after a car accident in OrlandoWho is going to pay for my medical bills after a car accident in Florida?

Clients usually will ask us who is going to pay their medical bills, and a lot of times they’re surprised by the answer. In Florida, we have a no-fault system. No-fault means that regardless of who is at fault for the accident, your own insurance is going to pay the initial $10,000 of medical treatment when you’re involved in a motor vehicle accident. A lot of people are hesitant for that because they believe their insurance rates might go up or that it might affect them in some way. The law is designed so that, if you’re not at fault for the accident in Florida, the insurance rates do not go up if you take advantage or use your PIP benefits.

Initially your medical expenses are handled by PIP. What the attorney does and what we would do is anything that is not covered by PIP, by the initial $10,000, we make a claim against the other party. At the end of the day, the injured person who was injured by the negligence of another in a motor vehicle accident in Florida is not going to be responsible for paying all the medical bills that they had to incur after the accident. If you have any questions about this or any other subject, feel free to give us a call.

Call Our Florida Car Accident Lawyers Today

Do not hesitate to reach out to our Florida car accident lawyers if you are looking for knowledgeable and fierce representation after you’ve been hurt in a car accident. You deserve to have someone by your side who is ready to take on the challenges of this case in pursuit of the best possible result. We care not only about our career in law but the success that you will have personally. First and foremost, we care about the justice of our clients and we want to bring you that same justice as soon as possible. Call to set up your first free consultation today.

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