Following an accident, you may consider reaching out to our Orlando, FL car accident lawyer for assistance. When managing injuries, pain, financial difficulty, and property damage, the thought of pursuing a claim and any challenges can feel entirely overwhelming. The aftermath of a car accident can be harrowing, and sometimes, despite best efforts, you may experience a claim denial. Our team from David & Philpot P.L. can assist in managing issues that may come up and will work tirelessly to provide the favorable outcome you deserve.
Table Of Contents
- Why You Need A Car Accident Lawyer
- Most Common Reasons For A Car Accident
- Orlando Car Accident Law Infographic
- Steps To Take After A Car Accident
- Managing The Aftermath Of A Car Accident
- Orlando Car Accident Law Statistics
- Do’s And Don’ts To Remember After A Car Accident
- 6 Myths About Car Accident Injuries
- Orlando Car Accident Law FAQs
Right after being in a car accident, you need to make sure you get as much evidence for a potential case. You should first make sure that you and everyone else involved are unharmed, but the next steps that you follow are incredibly important for your case. You should make sure your car is in a safe spot, and as soon as you have done this, get as many photos as you can from the scene of the accident. You should take photos of both of your cars and the surrounding area. This may be useful at a later date to show the conditions of the road and what happened. You also need the police to come to the scene of the accident to write a report about what happened. A police report will hold up in court and offer an impartial view of what happened during the accident. Finally, you need to set up an appointment with your doctor even if you feel fine. This will offer documentation of any injuries your primary care physician may notice and will also offer a date of when you first sought medical assistance. This will be helpful if you end up finding that you do need medical care because of the car accident.
You need to contact a lawyer as soon as possible. Once you have an experienced car accident lawyer on your side you can focus on healing and getting your life back to normal. He or she will ensure you do not miss the statute of limitations for filing and can speak with the other party on your behalf to get all of the legal documents done.
Why You Need A Car Accident Lawyer
You need to hire an Orlando car accident lawyer if you’ve been injured in an auto accident. An attorney can help you with insurance issues and determine whether you have a personal injury case. In Florida, there are more than 400,000 car accidents each year. The majority of these accidents cause property damage only. However, many of them result in injuries and fatalities as well.
If you’re involved in a serious car accident, it’s important that you contact an attorney immediately. You should also see a doctor as soon as possible to ensure that your injuries are addressed before they get worse. An Orlando car accident lawyer can provide some peace of mind as well. Many people don’t know what to do after a crash, and it can be overwhelming trying to figure out how to proceed. A lawyer handles everything for you so that you can focus on getting better.
Hiring an Orlando car accident lawyer after a car accident can give you peace of mind and provide you with guidance when dealing with insurance companies. David & Philpot, P.L. has more than 40 years of combined experience and can help you utilize Florida’s no-fault system to your benefit.
At David & Philpot, P.L., our Orlando car accident lawyer will take immediate steps on your behalf to protect your rights and also pursue maximum compensation for medical bills, lost wages, pain, suffering, and other damages. We will handle every aspect of your case so that you can focus on recovering from your injuries or other immediate needs following an accident. Be sure to contact us as soon as possible after an accident so that we may begin working on your case right away.
The Orlando car accident attorneys at David & Philpot, P.L. have helped many clients obtain compensation for their injuries and other losses resulting from a car accident, including:
- Medical bills
- Pain and suffering
- Lost wages
- Permanent scarring or disfigurement
- Emotional distress
Most Common Causes of Car Accidents
There can be many reasons for a car accident which are sometimes the complete fault of the driver and other times outside elements leading to the crash. Some common reasons include:
- Speeding or other rules of the road violations: Something as simple as driving a few miles over the speed limit may result in a car accident. Other road violations may include improper turning, running a red light, not using a turn signal, etc.
- Driving under the influence: Using alcohol or drugs can impair a driver in result in consequences such as reckless driving as well as slow reaction times.
- Distracted driving: This may include anything from texting or being on a call with someone, eating or drinking, changing the radio station, or generally not keeping one’s eyes on the road.
- Vehicle malfunction: It’s the duty of the driver to make sure that their vehicle is up to date when it comes to maintenance which is why cars come with signals such as check engine lights. However, even the most responsible driver can’t always account for a sudden vehicle malfunction that can range anywhere from a flat or displaced tire, to brakes suddenly not working, etc.
- Weather conditions: Unfortunately, weather can often result in car accidents, especially when dealing with issues such as rainstorms, snowstorms, and icy roads. While there are measures drivers can take to minimize weather conditions accidents may still occur.
- Road conditions: Infrastructure is a serious problem in many areas in the U.S. and poor road conditions combined with other factors may also lead to car accidents.
Orlando Car Accident Law Infographic
Steps to Take After A Car Accident
If you have received a claim denial after a car accident, it’s best to speak with a lawyer if you aren’t already working with one. They will review your denial letter from the insurance company and construct a plan to resolve the issue promptly. Once you have engaged a lawyer, they will work closely with you and the insurance company to remedy the situation. In some cases, the problem may be pretty straightforward. Keep in mind that in some situations, your lawyer may recommend you take further legal action.
Contact Law Enforcement
When a collision occurs, parties involved are only required to contact the police in specific situations. If the accident resulted in no injuries and minimal vehicle damages, getting law enforcement to the scene is unnecessary. If injuries result in property damage greater than $500, parties involved must contact the police. Despite this guidance, it’s in your best interest to reach out to the police regardless after a car accident. When the police arrive at the scene, they will secure the location, ensure medical attention is received and investigate the scene. This form of intervention can be highly beneficial should victims decide to file a legal claim later down the road. The police report will play an important piece of evidence as it will include details surrounding the accident and may even identify the party responsible for the collision.
Receive Medical Attention
Injuries from a car accident can range from minor to severe, and sometimes, victims may not even realize they have sustained injuries until hours or days after the accident. Although injuries and subsequent medical treatment may be evident in some situations, at times, underlying conditions may not present themselves immediately. Damage to the internal organs can result in severe complications and can be fatal. Having a medical professional evaluate accident victims and provide treatments will ensure a proper recovery. Receiving medical treatment offers an additional benefit that is imperative for legal cases. The documentation produced from medical treatment outlines the extent of injuries, helps tie injuries to the accident, and acts as an essential piece of evidence for the case.
Pay Attention to Deadlines
Car accident victims will have many deadlines for pursuing a legal claim against the responsible party. Perhaps one of the most important of these is the statute of limitations. The statute of limitations is the time victims have to file a claim. In Florida, the statute of limitations is four years. While this amount of time may seem generous, it’s important not to wait. Failing to move forward within the statute of limitations may result in victims’ inability to pursue compensation for their losses once the timeframe expires. While there are a few exceptions to the statute of limitations, contacting a lawyer soon after the accident is beneficial in mapping out timeframes, deadlines, and the appropriate course of action.
After an accident, victims will have their hands full as they recover from the accident, so having the knowledge of a car accident lawyer in Orlando, FL, can be helpful. A professional with experience in this area of practice can provide guidance, make recommendations, strategize the case, and prepare for all possible situations. Having someone representing the victim can often alleviate a significant amount of stress and allow the victim to entirely focus on their recovery in the wake of such a traumatic and life-changing event.
Managing the Aftermath of a Car Accident
Aside from obtaining the proper insurance and driver training, car accidents are generally not something people prepare for. Unfortunately, car accidents happen every day, and chances are, at some point in your lifetime, you may be left to manage the aftermath of a car accident. The impact of a car accident can send your entire life into a tailspin, and managing the recovery process along with the legal aspect of your case can be overwhelming. This is especially true if you are financially impacted and experience settlement delays due to claim denials. While some of these complications may be easy fixes, it’s best to access the experience that our team can offer. Not only can we mitigate issues as they arise, our experienced Orlando, FL car accident lawyer can help maximize your claim by building a strong demand letter the first time around.
Dealing with insurance adjusters on your own can be intimidating and confusing. They don’t want to give you the full compensation you deserve. In fact, they are likely to make you an offer in hopes of settling your case quickly and cheaply. But you deserve better than a quick settlement from an insurance company that lowballs compensation for injuries or death caused by their policyholders’ negligence.
Compensation You May Get from Being in a Car Accident
There are many different forms of compensation your lawyer may try to seek in a car accident case. Some of the most common include:
- Compensation for medical costs such as hospital bills, prescription medication, and physical therapy bills.
- Compensation for damaged property. This could include your car and anything inside of it that was damaged in the accident.
- Lost wages due to missed work because of the injuries you sustained.
- You may also be eligible for compensation for future medical bills. An experienced attorney from David & Philpot, P.L. will be able to calculate approximately how much you may need to pay in the future so that you can be compensated fairly now for the future damages you may incur.
It is important to have a Florida car accident lawyer on your side so that you can get the representation you need and so that your lawyer can figure out how much you deserve for your case. An experienced lawyer will look from every angle at how much you will end up needing to pay for your case at the end of the day. This includes future damages, which can be incredibly difficult to calculate.
Reasons Car Accident Claims Are Denied
If you have determined that pursuing a car accident claim is in your best interest, chances are you require compensation to support the losses you have suffered. When the insurance company denies a claim, there can be nothing more defeating. Determining the reasons behind the claim denial can be complicated. While in some situations there may be a simple remedy, having someone from our firm can assist with the vast number of reasons your claim may have been rejected:
- There was a mistake in the paperwork submitted to the insurance company
- You did not provide adequate evidence to support the claim
- The insurance company does not believe your losses and damages were the results of the accident
- The insurance company believes you were at least partially at fault for the accident
Claim denials can cause accident victims to worry over whether they will successfully retain a settlement for their losses. However, when you reach out to our firm, we will carefully review your case and assist with weighing your options for securing compensation. Having a legal professional in your corner offers both peace of mind and confidence in knowing that you have someone you can trust and rely on when things are at their most challenging.
Orlando Car Accident Law Statistics
According to The Florida Department of Highway Safety and Motor Vehicles, there are roughly 400,000 traffic accidents annually, with around 30 thousand in the Orlando area.
Do’s and Don’ts To Remember After a Car Accident
A car accident can leave you in a daze, unsure of what to do next. In fact, one of the reasons having an Orlando car accident lawyer is so helpful is that we can guide you through the process one step at a time. At David & Philpot Personal Injury Law, we have a lot of experience in automobile accident litigation. These tips can help you after a crash.
Refer the Other Person’s Insurance Company to Your Lawyer or Your Insurance Company
If the other driver’s insurance company contacts you, avoid discussing the accident with them at all. Simply give the company the name and phone number of your car accident lawyer in Orlando, FL, or the number of your insurance company. The other person’s insurance company is looking out for its own interests, not yours. Let your lawyer handle negotiations or your insurance company.
Don’t Admit Fault After a Car Accident
For one thing, Florida has no-fault insurance, so it’s not necessary to establish who was responsible for the accident. Telling the other driver that you’re sorry you hurt them or promising that you’re going to take care of their injuries can get you into legal trouble down the road, especially if someone ends up severely injured. Just exchange contact information and let an experienced Orlando car accident lawyer take care of the rest.
Contact A Lawyer Regardless of Who Is Responsible For The Crash
A common mistake is for drivers to think they can come to a friendly arrangement with the other party by themselves. If you were injured while riding around in a friend’s car, you may assume that your friend will act fairly and take care of your medical costs. The problem is that things rarely turn out well, and if you don’t put things in writing, you can even end up getting sued! It’s smart to contact a car accident lawyer in Orlando, FL, right away and get professional advice for what to do.
Don’t Sign Anything Until Your Lawyer Reviews It
What if your own insurance company offers you a settlement after an accident? Always have your lawyer review the documents first. Our friendly team at David & Philpot Personal Injury Law has a great reputation because we help you understand what documents say.
We let you know if the insurer is trying to trick you into signing away your rights or “lowball” you. This can happen, and it’s sad to see. You need a legal professional that is looking out for your interests.
Ask Your Lawyer About Other Compensation and Claims You May Qualify For
Personal injury protection insurance doesn’t always cover the full costs of medical bills following an accident. How can you ensure you get the compensation needed for lost wages, medical costs, and other damages? Speak with an Orlando car accident lawyer about filing a claim against the other party. If the driver was working for a business at the time, you may be able to take the person’s employer to court as well.
Myths About Car Accident Injuries
You’ve been injured in a car accident, and you don’t know what to do. You’ve heard a bunch of suggestions from your friends and family, but you don’t know what’s true and what’s not. Here are six myths about car accident injuries.
Myth: You Don’t Need a Car Accident Attorney
Fact: If you’ve been in a car accident, you need an Orlando car accident lawyer, to help you get the payout you deserve. Your lawyer from David & Philpot Personal Injury Law will go to the mattresses for you if needs be to get you the best possible outcome of your case.
Myth: Injury Laws Are the Same in Every State
Fact: The only thing that’s the same about injury laws in every state is that they’re all different. For example, every state has a statute of limitations on when you can file a personal injury claim, but they’re all different. In Florida, you usually have up to four years to file your claim.
Florida is a “pure comparative negligence” state, meaning that you can still recover damages if you were partly responsible for the accident. Your damages will be reduced based on the percentage of fault ascribed to you. Your car accident lawyer in Orlando, FL, from David & Philpot Personal Injury Law, can help you understand the laws around a personal injury and how they apply to you.
Myth: Personal Injury Claims Take Too Much Effort
Fact: Personal injury claims do require time and effort. However, the majority of the time and effort is spent by your lawyer. Your attorney’s job is to take the load of your lawsuit off your shoulders and carry it for you. The process of filing a claim is much smoother when you work with an Orlando car accident lawyer.
Myth: If You Are in Pain, You Can Collect Damages for Pain and Suffering
Fact: “Pain and suffering” has a certain, specific meaning in personal injury cases. There are requirements you have to meet before you can be awarded damages for pain and suffering. Under Florida law, these conditions include significant, permanent loss of an important bodily function, notable, permanent scarring or disfigurement, and death.
Myth: Insurance Companies Always Offer Fair Settlements
Fact: Insurance companies never offer fair settlements. They’re in business to make money, and the more they pay damages in car accident claims, the less profits they have. Your car accident lawyer in Orlando, FL, will go to bat for you with the insurance company to either negotiate a fair settlement for you or take the lawsuit to trial.
Orlando Car Accident Law FAQs
What is a car accident lawyer?
If you have ever been in a car accident, you know that it can be a traumatic experience. Not only are you dealing with the physical and emotional injuries from the accident itself, but you may also be struggling with dealing with the insurance company and getting your car fixed. If you are injured as a result of the accident, you may need to hire an Orlando car accident lawyer to help you get the compensation that you deserve.
How Much Does a Car Accident Lawyer Cost?
In many legal cases such as divorce law or family law, it’s pretty standard practice to pay your lawyer by the hour in addition to a possible retainer fee. However, for personal injury cases such as car accidents, most lawyers are paid based on a contingency basis or fee. What this essentially means is that the lawyer will initially handle most of the upfront costs and will initially work for free. When it comes time for payment, they will receive a percentage of the final settlement or court award which may often be 30%.
Although this might sound steep it’s important to keep in mind that personal injury cases can be a complex, lengthy ordeal with some cases lasting up to two years. This coupled with the fact that most plaintiffs wouldn’t be able to afford a personal injury lawyer out of pocket makes the contingency basis a great process especially when a lawyer can help you secure greater compensation that would otherwise probably not be offered by the other party’s insurance company.
What Does a Car Accident Lawyer Do?
A car accident lawyer in Orlando, FL is tasked with helping accident victims recover compensation for the damages they have suffered. The most common damages that a car accident lawyer deals with are things like medical bills, lost wages, and property damage.
The injuries that are sustained in a car accident can be lifelong and are usually extremely painful. In addition, the cost of medical care can be very high, especially if the victim is required to spend a lot of time in the hospital or undergo surgery, as well as frequent physical therapy sessions.
When someone has been injured, they may not be able to work. If a person’s job requires manual labor, such as construction work, then it is likely that they will not be able to return to their job for quite some time after an accident. This can cause them to lose their job and have trouble supporting themselves and their family.
An Orlando car accident lawyer from David & Philpot, PL can play an important role after a car accident has occurred. In addition to filing claims with insurance companies on behalf of the victim, an attorney may also:
- Speak with witnesses about what happened in the accident
- Speak with insurance companies on behalf of the victim
- File any necessary paperwork with the court system
- Negotiate fair settlements on behalf of victims
- Speak with employers regarding lost wages
If you have been injured in a car accident, it is important to contact an Orlando car accident lawyer from David & Philpot, PL as soon as possible. By contacting them right away, you can ensure that you get all of the compensation that you deserve. Your lawyer will help you file all of the necessary paperwork so that your case goes through smoothly and so that you receive all of your compensation as soon as possible.
How Is Fault Determined in a Car Accident?
Determining who is at fault in a car accident involves deciding who was negligent. To prove negligence in a car accident case, you must establish that the driver wasn’t reasonably careful and that carelessness resulted in your injury. In some cases, it’s clear who was at fault, such as a driver who speeds or fails to stop at a stoplight. Other times, it’s not as obvious.
What Should I Do If The Other Driver Doesn’t Carry Insurance?
If you discover that the driver who hit your vehicle doesn’t have car insurance, you understandably feel frustrated. However, that doesn’t mean that you don’t have any options left. If you carry uninsured motorist coverage, you can seek compensation for your losses from that policy. If you don’t carry that type of policy, you may file a personal lawsuit against the at-fault driver.
Can I Reject a Settlement Offer?
Yes, you can. In fact, it’s a wise decision to not accept the initial settlement offer the other driver’s insurance company offers. They don’t have your best interests in mind and are trying to pay you as little as possible. Don’t accept a settlement until your car accident lawyer in Orlando, FL reviews it.
When Should I See a Doctor?
As soon as possible. A common mistake people make is delaying medical care after a car accident. They may feel fine initially and don’t think it’s necessary to see a doctor. However, you must understand that some injuries, like concussions and whiplash, don’t always show symptoms initially. If you wait too long to seek medical care, you could put your health and accident claim in jeopardy.
Will My Case Go to Trial?
The majority of car accident cases get settled out of court. However, if the insurance company isn’t willing to offer you a fair settlement, it may be necessary to go to trial. That’s why it’s important to hire a lawyer who has extensive trial experience.
The Orlando car accident lawyers at David & Philpot, PL understand the challenges facing injury victims and families who have lost loved ones in accidents caused by negligent drivers. We are here to help guide you through the process of getting the compensation you need after a serious collision.
At David & Philpot, P.L., we are dedicated to helping people who have suffered catastrophic injuries or lost a loved one in a car accident caused by the negligent actions of another party. Our Orlando car accident lawyers handle all types of car accident claims, including those involving distracted driving, texting while driving and other careless actions behind the wheel. We will fight to protect your rights and help you recover the maximum amount of compensation available under the law.
Managing the aftermath of a car accident is especially challenging when contending with property damages, physical injuries, and financial losses. Because of this, victims will almost always consider pursuing legal action to obtain the compensation they deserve. There are several elements necessary to prove negligence in car accident cases. A victim must present evidence that proves;
- Duty of Care
- Breach of Duty of Care
- Damages
- Injuries Were the Result of Negligence
Moving forward with a legal case can be challenging, especially for someone unfamiliar with the legal system and the civil claims process. As the experienced team from David & Philpot, P.L. can share, there are several ways that victims can strengthen and safeguard their claim to ensure the best outcome possible:
Why Hire David & Philpot, PL
If you have ever been in a car accident, you know that it can be a traumatic experience. Not only is your car likely damaged, but you may also have sustained injuries. If you are lucky, the other driver involved was insured and their insurance company will cover the costs of repairing or replacing your car and paying for your medical expenses. But what if the other driver was uninsured or underinsured? What if they are fleeing the scene of the accident? Or what if they were partially or fully at fault for the accident? In these cases, you may need to hire a lawyer to help get compensated for your losses. And who better to call than David & Philpot P.L.? We are experienced car accident lawyers in Orlando, FL who know how to get you the compensation you deserve.
We have over 30 years of combined legal experience and we are dedicated to helping our clients get the best possible outcome in their cases. We will handle all of the paperwork and negotiations with the insurance company so that you can focus on healing.
We believe that there are several reasons why our firm would be the perfect choice for you. Our Orlando car accident lawyers have decades of experience fighting for the rights of car accident victims, and we know how to get the best results for our clients. Additionally, we are committed to providing personal attention and support throughout the legal process. Contact us today to schedule a free consultation, and let us show you why David & Philpot P.L. is the best choice for your car accident case.
