A car accident can turn your life upside down in seconds. Beyond the immediate shock and physical injuries, you face mounting medical bills, lost income, insurance company negotiations, and the complex legal landscape of Florida’s no-fault system.
At Wooten, Kimbrough, Damaso, and Dennis, P.A., our Orlando personal injury lawyers have helped injured people throughout Florida since 1966. We understand Florida’s no-fault insurance laws and work to help you pursue fair compensation for your injuries, whether through insurance settlements or litigation.
Time Sensitive Florida Deadline to File
Injured in an Orlando car accident? The statute of limitations for car accident cases in Florida is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case.
We have fought for injured Floridians for over 60 years and work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Why Trust Wooten, Kimbrough, Damaso, and Dennis, P.A. with Your Orlando Car Accident Case?
Our firm brings decades of experience to every car accident case we handle. We have established ourselves as trusted advocates for accident victims in Orlando and throughout Central Florida.
- Proven Track Record: We’ve recovered millions of dollars for our clients and have established ourselves as trusted advocates for car accident victims, including both local residents and tourists.
- No Win, No Fee: Our firm operates on a contingency fee basis, meaning you don’t pay unless we win your case.
- Extensive Experience: We’ve helped the injured since 1966 and have the knowledge and resources to fight for the fair compensation you deserve, whether you’re dealing with catastrophic injuries, wrongful death, or the complexities of Florida’s no-fault insurance laws.
- Deep Knowledge of Insurance Processes: Navigating the complexities of insurance claims can be challenging, whether you’re a local resident or a visitor unfamiliar with Florida’s no-fault system. Our deep understanding of insurance company processes allows us to advocate strongly on your behalf, ensuring your rights are protected.
- Skilled Negotiators: Our Orlando personal injury attorneys have extensive experience in dealing with insurance companies and their tactics to minimize payouts, working to help you pursue fair compensation.
- Comprehensive Case Handling: We handle all types of car accident cases, from rear-end collisions to complex rollover accidents, with a deep understanding of Orlando’s unique driving challenges.
- Support for Tourists and Visitors: Orlando is a major tourist destination, and we frequently assist out-of-town visitors who have been involved in car accidents while on vacation. Whether you live in Florida or are visiting from another state or country, our team is equipped to manage your case efficiently and effectively, even after you’ve returned home.
- Holistic Support: We understand car accidents can have far-reaching consequences beyond physical injuries. Many accident victims experience emotional trauma, anxiety, and financial stress. Our attorneys provide compassionate guidance to help you navigate these challenges.
- Personalized Legal Representation: We pride ourselves on our commitment to our clients and our ability to deliver results. We tailor our legal representation to your unique needs, offering strong advocacy and compassionate support through every step of the process.
- Experience with Various Types of Accidents: Our experience extends beyond car accidents to include motorcycle, commercial vehicle, pedestrian, bicycle, and truck accidents, allowing us to provide comprehensive representation no matter the circumstances of your case.
These are some of the ways we work to support you through your car accident claim.
How We Build Evidence in an Auto Accident Case
Building a strong car accident case requires thorough investigation and evidence collection from multiple sources. Our attorneys systematically gather documentation, witness statements, and professional assessments to prove negligence and maximize your compensation.
Investigate the Accident Scene
Our investigation begins immediately at the accident scene. We document physical evidence, photograph vehicle damage and road conditions, and preserve critical information before it disappears. This evidence becomes crucial in establishing liability and proving the extent of your injuries.
Collect Witness Testimonies
Witness statements provide independent verification of how the accident occurred. We interview witnesses promptly to secure their accounts while memories remain fresh, creating a comprehensive picture of the collision that supports your claim.
Review Medical Records
Medical documentation forms the foundation of your injury claim. We work closely with your healthcare providers to obtain complete medical records, establishing the direct connection between the accident and your injuries. This documentation is essential for proving damages under Florida law.
Expert Consultations
Complex car accident cases often require professional assessments from accident reconstruction specialists, medical professionals, and economic analysts. These professionals provide testimony supporting your case and helping establish the full value of your damages.
DID YOU KNOW? If your injuries are severe and meet Florida’s “serious injury” threshold (e.g., permanent injury, significant scarring), you may be able to file a personal injury lawsuit against the at-fault driver to cover expenses beyond PIP, including pain and suffering. Our attorneys can review whether your injuries meet this threshold.
What Types of Compensation Are Available?
Car accident victims in Orlando may recover several types of compensation depending on the severity of their injuries and the circumstances of the crash. The compensation available may include:
- Medical Expenses: This includes all past, present, and future medical costs related to your injury, such as hospital bills, surgeries, medications, physical therapy, and any necessary medical equipment. It’s important to keep detailed records of all medical expenses, as these are used to calculate the total amount of compensation you are entitled to.
- Lost Wages: If your injury prevents you from working, you may be entitled to recover compensation for the income you’ve lost during your recovery period. This can also include compensation for any future loss of earning capacity if your injury impacts your ability to work long-term. Your attorney works with financial professionals to determine the full extent of your lost wages and future earning capacity.
- Pain and Suffering: This type of compensation addresses the physical pain and emotional distress caused by the accident and your injuries. It considers factors like the severity of the pain, the duration of your recovery, and the impact on your quality of life. Pain and suffering are often difficult to quantify, but your attorney uses their experience to calculate a fair amount based on the specifics of your case.
- Property Damage: Compensation for any damage to your vehicle or personal property as a result of the accident. This may include the cost of repairing or replacing your vehicle, as well as any personal items damaged in the crash.
- Other Out-of-Pocket Expenses: This can include transportation costs to medical appointments, home care services, and any other expenses directly related to your injury. For example, if you need to hire someone to help with household chores while you recover, these costs may be included in your claim.
Understanding the full scope of available compensation is essential to recovering what you truly deserve after a car accident.
Did You Know? Our car accident lawyers can explain how Florida’s no-fault system applies to your crash, including PIP and MedPay, and can handle communication with the insurance companies for you.
Serious Injuries You May Sustain in a Motor Vehicle Accident
Car accidents can cause severe, life-altering injuries requiring extensive medical treatment and long-term care. Common serious injuries include:
- Traumatic brain injuries
- Neck or back damage
- Joint or muscle injury/damage
- Spinal cord injuries
- Fatal accidents
Each of these injuries can result in significant medical expenses and long-term impacts on your ability to work and enjoy life.
Some of the Most Common Causes of Motor Vehicle Accidents in Orlando
Understanding common accident causes helps establish negligence and liability in your case. The most frequent causes include:
- Distracted Driving: One of the leading causes of car accidents, distracted driving includes activities such as texting, talking on the phone, eating, or using in-car technology while driving. Even a momentary lapse in attention can lead to a serious collision.
- Speeding: Excessive speed reduces a driver’s ability to react to sudden changes in traffic conditions and increases the severity of an accident. Speeding is a major contributing factor in many car accidents, particularly on highways and busy streets.
- Drunk Driving: Driving under the influence of alcohol or drugs is a significant problem in Orlando. Impaired drivers have slower reaction times, impaired judgment, and reduced coordination, making them more likely to cause accidents.
- Reckless Driving: Aggressive driving behaviors such as tailgating, weaving in and out of traffic, and ignoring traffic signals can lead to dangerous situations on the road. Reckless driving is often associated with road rage and can result in serious accidents.
- Weather Conditions: Orlando’s weather can be unpredictable, with sudden rainstorms creating slick roads and reducing visibility. Wet roads can cause vehicles to hydroplane, leading to accidents. Drivers must adjust their speed and driving habits to account for adverse weather conditions.
- Tourist Drivers: Orlando attracts millions of tourists each year, many of whom are unfamiliar with the area’s roads and traffic patterns. Tourist drivers may be more prone to making mistakes, such as missing exits, making sudden lane changes, or driving at inconsistent speeds.
- Poor Road Conditions: Potholes, uneven pavement, and poorly marked lanes can contribute to auto accidents. In some cases, government entities responsible for road maintenance may be held liable for accidents caused by hazardous road conditions.
- Dangerous Intersections: Busy roads and intersections, including State Road 436 and State Road 50, can raise the risk of a crash. If you frequently travel through these areas, consider alternative routes and exercise extra caution.
Identifying the cause of your accident is crucial to building a strong case and holding the responsible party accountable.
How Florida No-Fault Insurance Affects Your Orlando Car Accident Claim
Florida is a no-fault state, so after a crash your own Personal Injury Protection (PIP) coverage is usually the first source of payment for medical bills and lost income. PIP has limits, though, and it does not pay for pain and suffering. Whether you can go beyond PIP depends on the facts of your case and the seriousness of your injuries.
| Factor | PIP (No-Fault) Benefits | Claim Against the At-Fault Driver |
|---|---|---|
| Who pays | Your own insurer | The at-fault driver’s insurance, or your own uninsured/underinsured motorist coverage |
| What it covers | 80% of reasonable medical expenses and 60% of lost income, up to $10,000 in medical and disability benefits | Damages beyond PIP, which can include pain and suffering if your injuries meet Florida’s threshold |
| Injury requirement | None beyond a covered injury from the crash | For pain and suffering, an injury such as significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring or disfigurement, or death |
| Effect of your own fault | Not applicable | Your award is reduced by your share of fault, and if you are more than 50% at fault you generally cannot recover damages |
The rules above come from Florida Statutes section 627.736, section 627.737, and section 768.81. If you are not sure how they apply to your crash, contact our team for a free case review.
Common Types of Car Accidents We Handle in Orlando
The type of collision often shapes how liability gets established and what evidence matters most for your claim. Our Orlando car accident attorneys represent clients across the full range of crash types, including:
- Rear-End Collisions: Often caused by tailgating or distracted driving, these crashes frequently result in whiplash, back injuries, and other soft tissue damage. Learn more about rear-end accident claims.
- Head-On Collisions: Among the most severe types of crashes, head-on collisions often involve high speeds and catastrophic injuries. Read about head-on collision cases.
- Multi-Vehicle Pileups: Crashes involving three or more vehicles raise complex questions about which driver, or drivers, caused the initial impact. See how we handle multi-vehicle accidents.
- Rideshare Accidents: Uber and Lyft accidents involve additional layers of insurance coverage that require specific legal knowledge.
- Hit and Run Accidents: When the at-fault driver flees the scene, recovering compensation may depend on your own uninsured motorist coverage. Learn about hit and run cases.
- Uninsured and Underinsured Motorist Accidents: Not every Florida driver carries adequate insurance, which can complicate your path to compensation. Read more about uninsured motorist claims.
If a commercial truck was involved in your crash, see our page on Orlando truck accident lawyers, since federal trucking rules and additional responsible parties can change how a claim is handled.
Whatever the circumstances of your crash, the steps you take afterward can significantly affect your ability to recover compensation.
What to Do After a Car Accident in Orlando
The steps you take in the hours and days after a crash can directly affect your health and your ability to recover fair compensation. If you are involved in an Orlando car accident, keep the following in mind:
- Get checked out. If you are hurt, seek medical attention right away, even if your injuries seem minor. Some injuries, like whiplash or internal bleeding, may not be obvious until hours or days later.
- Call the police. A police report creates an official record of the crash and can support your claim later.
- Document the scene. Take photos of the vehicles, the road conditions, and any visible injuries as soon as it is safe to do so.
- Exchange information. Get the other driver’s name, contact information, insurance details, and license plate number.
- Get witness contact information. Independent witnesses can help confirm how the accident happened.
- Avoid discussing fault. What you say at the scene or to an insurance adjuster can be used against you later.
- Contact our office before speaking with insurance adjusters. We can help you understand what to say and what to avoid.
Following these steps helps protect both your health and your legal rights after an Orlando car accident.
Statute of Limitations for Orlando Car Accident Cases
In Florida, the statute of limitations for a car accident injury claim is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case. Wrongful death claims have their own deadline, which generally runs from the date of death. Because evidence such as photos, vehicle data, and medical records can be lost over time, it helps to speak with an attorney early.
Florida’s two-year deadline for negligence actions comes from Florida Statutes section 95.11. If you are not sure how a deadline applies to you, contact our team for a free case review.
Frequently Asked Questions
Do I Really Need a Lawyer for My Orlando Car Accident, or Can I Handle It Myself?
Florida law does not require you to hire a lawyer, but handling a car accident claim alone can leave you at a disadvantage against insurance companies and their adjusters. An attorney can investigate the crash, identify every available insurance policy, document your injuries, and handle communication with insurers. We work on a contingency fee basis, so you pay no upfront costs and no attorney fees unless we recover compensation for you. Contact our Orlando office through our online form for a free consultation.
What Is Florida’s No-Fault Insurance Law and How Does It Affect My Car Accident Claim?
Florida's no-fault law requires drivers to carry Personal Injury Protection (PIP) coverage. PIP provides up to $10,000 in medical and disability benefits, paying 80% of reasonable medical expenses and 60% of lost income. PIP does not cover pain and suffering. To recover those damages from the at-fault driver, your injuries generally must meet Florida's serious injury threshold, such as permanent injury, significant and permanent scarring or disfigurement, significant and permanent loss of an important bodily function, or death. Uninsured/underinsured motorist (UM/UIM) coverage can also help when the at-fault driver has little or no insurance.
How Is Pain and Suffering Calculated in an Orlando Car Accident Case?
In Florida, pain and suffering damages are generally available when your injuries meet the serious injury threshold, such as a permanent injury. They can cover physical pain, emotional distress, and loss of enjoyment of life. There is no set formula, and the value depends on the facts of your case, including the nature and permanence of your injuries and how they affect your daily life. Our attorneys can review your situation during a free consultation.
What is the statute of limitations for filing a car accident lawsuit in Orlando?
In Florida, the statute of limitations for a car accident is two years from the date of the accident, however, the time frame is dependent on the unique details and factors surrounding your specific case. If a government vehicle was involved, different notice requirements and timelines may apply. Because evidence can be lost over time, it helps to speak with an attorney as soon as possible.
What happens if the other driver was uninsured in my Orlando car accident?
If the at-fault driver has no insurance, you may still be able to recover compensation through your own Uninsured Motorist (UM) coverage, up to your policy limits. You may also be able to pursue the uninsured driver directly. Our Orlando car accident attorneys can review your full insurance picture and identify every available option.
How is fault determined after a car accident in Florida?
Florida follows a modified comparative fault rule. Fault can be shared among several parties, and your recovery is reduced by your percentage of fault. If you are found more than 50% at fault, you generally cannot recover damages. For example, if you are found 20% at fault, your award is reduced by 20%. Insurance companies may try to assign more fault to you, so evidence such as the police report, photos, and witness statements matters.
What are the most common injuries in Orlando car accidents?
Car accidents in Orlando can cause whiplash and soft tissue injuries, traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and cuts. Some injuries do not show symptoms right away, so getting checked out by a medical professional after any crash is important. Prompt medical records also help document your claim.
Can I still recover compensation if I wasn't wearing a seatbelt during my Orlando car accident?
Yes, though Florida's "seat belt defense" allows the at-fault party to argue that your failure to wear a seatbelt contributed to your injuries. This can reduce, but not eliminate, your compensation under comparative negligence rules. An experienced Orlando car accident attorney can work to limit the impact of this argument by showing that your injuries would have occurred regardless, or by demonstrating the other party's overriding negligence. Not wearing a seatbelt does not disqualify you from seeking compensation for your injuries.
How long does it typically take to settle a car accident case in Orlando, Florida?
The timeline depends on the facts of each case. A minor accident with clear liability and limited injuries may resolve in a few months, while cases involving serious injuries, disputed fault, or multiple parties can take a year or more. It is usually wise to reach maximum medical improvement (MMI), the point where your doctor determines your condition has stabilized, before settling so the full cost of your injuries is understood.
Should I speak to the insurance company after my Orlando car accident?
You should report the accident to your own insurer, but speak with an attorney before giving a recorded statement to the at-fault driver's insurance company. Adjusters ask questions that can affect your claim, and even innocent-sounding answers can be used to argue you were partly at fault or less injured. Wooten, Kimbrough, Damaso, and Dennis, P.A. can handle communication with insurers on your behalf.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.