I Was Injured In A Car Accident Near Orlando, What Steps Do I Need To Take If I Want To File A Personal Injury Claim?
The first step after being injured in a car accident in Orlando is to see a doctor immediately, especially if you believe you were injured a result of the automobile accident. In 2013, the laws in Florida were changed and now require that you seek initial medical treatment within 14 days of the accident. There is also a separate requirement that the original diagnosis must be made by a medical doctor (MD), a doctor of osteopathy (DO), a dentist (DMD), or a chiropractor (DC); or treatment was provided at a hospital or a medical facility. You should also report your accident immediately to the police. Many drivers tend to exchange information and then go on their way. It is extremely important that the accident is reported to the police immediately.
You should also take pictures or videos of the property damage and the scene of the accident. People often forget to do that. Cellphones now have cameras and video ability that can capture the images of the accident that your attorney will need. If you suffered any burns, bruises, or lacerations, you should take pictures of those because they do heal. Taking pictures at the time of the accident preserves the necessary evidence.
Make sure you obtain contact information from any witnesses. They may be difficult to locate after the accident if the matter is not resolved for a few years from the date the accident happened.
I Was Partially At Fault For The Car Accident That Caused My Injuries, How Is That Going To Impact My Central Florida Personal Injury Claim?
Florida is a pure comparative negligence state. If you are partly at fault for the accident, you can still recover damages. The law allows the injured party to collect damages that are proportionate to their percentage of fault. For example, if you are found 20% at fault for the accident, you are able to recover from the other party the 80% that was their fault from the total damages. That includes medical bills, pain and suffering, and other damages that are a result of the accident.
How Long After A Car Accident Do I Have To File A Personal Injury Claim In Florida?
In Florida, a lawsuit does not necessarily have to be filed right away. There is a four-year statute of limitations. However, a claim against the at-fault driver and their insurance carrier can be filed right away. If you have an accident today, you may hire us the same day and we will send a letter of intent to the insurance company so a claim can be started on your behalf. We will begin to obtain information from the insurance provider for the coverage information and determine whether the other driver has any coverage. We will talk to your insurance company. While there is no need to wait to start that process, you do have up to four years to bring a lawsuit in the state of Florida.
If I Was Hit By An Uninsured Or Underinsured Driver In Florida, Do I Still Have Any Chance Of Recovering Financially For My Injuries?
If you were hit by an uninsured or underinsured driver in Florida, you still have a chance of recovering financially for your injuries. Florida is a no-fault state, which means that your insurance pays 80% of your medical bills up to $10,000 regardless of who is at fault. That is all your personal injury protection (PIP) benefit. You may try to get the remaining 20% from the at-fault driver in addition to your pain and suffering and other damages. If you were hit by an uninsured or underinsured driver, we will confirm whether you purchased uninsured or underinsured policy under your insurance and will make a claim against your own policy.
If It is Clear The Other Driver Was At Fault, Do I Still Need To Hire A Florida Personal Injury Attorney For My Car Accident Case?
Even if it is clear that the other driver was at fault for the accident, you should still hire a Florida personal injury attorney for your car accident case. Very often, the insurance company will try to underpay your claim if you are unrepresented. Sometimes the insurance company will talk to an individual to negotiate the property damage and they put language into the settlement that, unbeknownst to you, releases the insurance company from not just property damage, but any and all liability. At that moment, the individual is also releasing their bodily injury damages. That is why it is always important that any release that is signed against the at-fault driver is reviewed by an attorney.
The attorneys will investigate all available coverage and determine whether the person that hit you has other assets or other resources to go after. Most of the time individuals do not know how to value their claim and their case. An attorneys has the ability to look at a case and determine its value based on their experience. The attorneys calculates all of the damages, including medical bills, lost wages, loss of future earning potential, possible punitive damages, loss of consortium with a spouse, loss of enjoyment of life, and pain and suffering. The attorneys will do whatever is needed, including and the hiring of expert witnesses to precisely calculate these damages, to maximize the recovery for the client.
Frequently, an individual will be offered an amount of money and, to them, that sounds like a fair offer for the resolution of the claim. However, in the end, it may be significantly less than the case’s full value because there may be more coverage out there or other factors could exist that significantly affect the value of the claim. In the end, you should rely on your attorney’s experience and expertise when calculating the value of your case.
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