A Brief Summary of the Following Article
- Navigating Florida’s No-Fault Insurance: In Florida’s no-fault system, each party files a claim with their insurer regardless of fault, with Personal Injury Protection covering a significant portion of medical expenses and lost wages. Legal advice is recommended for navigating this system, especially for serious injuries.
- Guidance for Post-Accident Actions: The article outlines vital steps to follow after a car accident, such as assessing the situation, gathering information, cooperating with responders, getting medical evaluations, and consulting an Orlando car accident lawyer to protect legal rights.
- Navigating Orlando’s Dangerous Intersections: The article highlights Orlando’s most hazardous intersections, like State Road 436 and State Road 50, advising caution and alternative routes. It emphasizes the importance of legal assistance in accidents, especially in these high-risk areas.
- Comprehensive Legal Support from Wooten, Kimbrough, Damaso & Dennis: Our law firm offers extensive services, including establishing fault, recovering damages, and navigating insurance complexities. They advocate for victims’ rights, aiming to secure appropriate compensation, operating on a contingency fee basis.
Top-Rated Car Accident Attorneys in Orlando, FL
From minor fender benders on rural roads to deadly head-on collisions on the highway, car accidents injure Orlando drivers, pedestrians, and bicyclists every day. These car accident injuries can range from minor bruises and whiplash to severe trauma such as broken bones, spinal cord injuries, and traumatic brain injuries. It is crucial to consult with an experienced car accident lawyer to evaluate the details of your accident and injuries.
Fortunately, if you’ve suffered an injury, an Orlando car accident lawyer may be able to help you get the money you need to put your life back together and route you on the road to recovery.
When you’ve been injured in a car accident, you want to find a law firm that works for you. At Wooten, Kimbrough, Damaso & Dennis, P.A., our Orlando personal injury lawyers draw on their years of experience to help you get the best results possible. We represent people injured in vehicle collisions caused by negligence, and our team of top-rated attorneys has more than 100 years of combined experience holding negligent parties responsible, from catastrophic injuries to wrongful deaths.
Important Steps to Take After a Car Accident in Orlando, FL
Car accidents can be a confusing and frustrating time for you and your family. However, you can help the situation run more smoothly by following a few easy steps. Here are five to keep in mind:
Assess the Situation
If you’re medically able, exit your vehicle and evaluate the safety and security of the scene. If at all possible, you’re required by Florida law to remove your vehicle from the roadway. However, don’t attempt this maneuver if there are injured people still in the car. Call 911, and treat those with medical emergencies first to the best of your abilities.
Gather Information
Gather witnesses and others to both help you secure the scene of the accident and gather the facts of what happened, such as:
- Names, contact information, and insurance information of any drivers and passengers involved in the accident, as well as witnesses who saw it happen
- The name and contact information of the police officer and the report number
- Types of cars involved in the crash, including license number, year, model, and make
- If your vehicle needs to be towed away, write down the location of where it’s being towed
Likewise, try to take photographs of your car, any other cars involved, and the accident scene. You may also want to draw a picture and write down how you think the accident happened, which may later help you recollect facts you may otherwise have forgotten.
Cooperate with First Responders
Once police and emergency vehicles arrive, cooperate with them and provide information of which you’re 100 percent sure. However, it’s crucial that you never admit fault. This is vital because you don’t know all the facts. Even if you think you may be guilty, you also have to consider that you’re confused and dazed by the wreck. Admitting fault now may hurt you in the long run.
Get a Medical Evaluation
Receive treatment for any injuries you may have received. Although you may not feel any symptoms at the scene, it’s still important to go to the doctor anyway. Some medical conditions may not appear immediately following the accident, but a doctor will know how to diagnose and treat these injuries.
Talk to a Qualified Orlando Car Accident Lawyer
Before reporting the incident to your insurance company, consider talking to an experienced Orlando auto accident lawyer as soon as possible. Gaining the help of an attorney may protect your rights and best interests. When choosing an attorney, it’s important to base your selection on their credentials, history of successful car accident cases, and the comfort level they bring to you and your family during this difficult time.
Note, as well, that if you talk to the insurance company, you have the right to refuse to have your conversation recorded. We recommend doing so because anything said may only hurt you down the line.
Most Dangerous Intersections in Orlando
Orlando is a large city, meaning there is more significant risk of serious traffic and dangerous accidents leading to injuries. However, some intersections are more known for being more hazardous than others. If you are concerned about getting into a serious accident, you may want to consider alternative routes that avoid the following intersections:
- State Road 436 and State Road 50: Hundreds of accidents per year have been documented here, as it’s extremely confusing. A confusing intersection leads to inordinate dangers, especially for those who are unfamiliar with the area. Be prepared for several lane changes.
- Vineland Road and Kirkman Road: Especially popular amongst tourists in the summer, this intersection is right next to the entrance for Universal Orlando Resort.
- Oak Ridge Road and Orange Blossom Trail: Surrounded by several large shopping malls, tourists and residents alike will visit this area on a regular basis.
- Interstate 4 and Lee Road: Also near several shopping centers, many have complained this intersection is the result of very poor planning.
- John Young Parkway and Colonial Drive: Near multiple fast-food restaurants and convenience shops, this location is busy. Cars, people, motorcycles, and other forms of transportation frequent this area. Apparently, it’s also extremely common to fail sighting motorcycles in this location.
- Turkey Lake Road and Sand Lake Road: It’s extremely rare for conversations about dangerous intersections to not include this one. We recommend rolling up the windows to avoid the distracting smells.
- North Hiawassee Road and Clarcona Ocoee Road: This intersection lacks clear sightlines, has several unprotected turns, and is generally actively dangerous.
John Young Parkway, Interstate 4, and Oak Ridge Road seem to have larger issues than the individual intersections we’ve listed. Some websites and social media accounts note issues with these roads at several intersections, meaning these may be better to avoid in general. Of course, sometimes dangerous roads full of traffic are unavoidable.
In cases where roads are well known for traffic and severe accidents leading to injuries, they may be so hazardous because they are the only streets leading to a popular location. If you are forced to utilize any of these roads, we recommend exercising as much caution as possible. While it is always necessary to ensure you are well rested and not distracted, following best practices may be even more important in these areas. If you need to, don’t hesitate to ask a friend to take over at the wheel or give you an extra pair of eyes.
If you get into an accident along one of these roads, specifically one leading to serious injuries, we recommend you contact an attorney as soon as possible. Wooten, Kimbrough, Damaso & Dennis is prepared to step in and provide valuable guidance through this challenging time. We can help you collect evidence, find witness statements, and build a strong case from the ground up. Our team has outstanding dedication to helping victims obtain fair compensation, and we can help you in the same way we’ve supported numerous other clients.
Common Injuries Sustained from a Car Accident
A car accident can lead to severe injuries to nearly any part of the body. The severity and type of injuries suffered depend on factors such as whether you were wearing a seatbelt, whether the car had airbags, and if it was a low-speed crash or a high-speed collision. Injuries you may sustain in a motor vehicle accident include:
- Burns
- Broken bones
- Head trauma
- Neck or back damage
- Joint or muscle injury/damage
- Whiplash
- Disability
- Scarring
- Loss of limbs
- Paralysis
- Damage to the spinal cord
Even a small collision can cause incredibly painful and long-lasting injuries such as whiplash, back injuries, and traumatic brain injuries. The severity of traumatic brain injuries can vary significantly, from minor concussions causing pain and forgetfulness for days to weeks, to more severe TBIs taking months or years to recover, if full recovery is even possible.
No matter the type or extent of your injuries, it’s imperative that you contact a medical professional after the events of the crash. Likewise, get in touch with a seasoned Orlando car accident attorney as soon as possible who may be able to get on the road to recovery. In some cases, injuries from a car accident allow the injured party to pursue a claim for compensation. Unfortunately, doing so through the negligent party’s insurance company may be problematic as they’ll likely be looking out for their own interests.
At this time, it’s crucial to work with an experienced car accident attorney to make the best of this challenging situation. An attorney will represent your claim and work to ensure you receive a fair outcome.
What Does Florida No-Fault Insurance Coverage Mean?
If you live in Florida and drive a car, you’ve probably heard the phrase “no-fault state.” But what exactly does it mean, and how does it affect you if you’re involved in a car accident? In simple terms, in the event of a car accident, both parties turn to their car insurance policies to file a claim regardless of who was at fault.
The Personal Injury Protection (PIP) law is an element of a car insurance plan that covers health care expenses associated with the crash. PIP, which covers medical expenses for both injured policyholders and passengers, helps to ensure that car insurance companies pay for 80 percent of the medical bills for injuries arising from the accident. PIP may also cover 60 percent of lost wages from an accident. You can only pursue an accident claim outside of this system if you have permanent or life-altering injuries. Note that many doctors will wait to collect the remaining 20 percent until after all legal proceedings finish.
Keep in mind that Florida’s PIP laws are subject to change. If you’ve been in an accident, it’s crucial that you contact your insurance provider or schedule a free consultation with an Orlando car accident attorney who would have the most current information.
How to Hold Negligent Drivers Accountable for Damages after a Car Accident
Once your claim has been filed and the car accident is investigated, you may be wondering if seeking legal aid for your claim is even necessary. Securing the help of an Orlando car accident attorney can benefit you in many ways, and doing so may increase the chances you’ll recover damages and receive compensation. Perhaps most importantly, a lawyer will help you establish fault in the accident, which can help hold the negligent driver liable. Filing a car accident lawsuit is crucial to secure compensation and protect your rights. There are four essential elements to establishing fault in a Florida car accident case. They include:
- Duty of care: The at-fault driver held a legal duty of care for the injured party’s safety and wellbeing.
- Breach of duty: The at-fault driver breached their duty of care, either through intent or negligence.
- Causation: This breach of duty was the reason for the accident.
- Damages: The accident resulted in expenses and losses.
An Orlando car accident attorney may be able to establish the at-fault party’s duty of care, illustrate how their actions led to the accident, and pursue compensation for the injured party’s resulting damages. This can be done through police reports, witness statements, photo and video evidence from the accident scene, damage reports, and more.
Likewise, the injuries and damages from a serious car accident can quickly exceed the maximum compensation allowable under Florida’s no-fault insurance policy. In this case, the injured party may seek compensation from the at-fault driver through a third-party claim. An experienced lawyer will help you determine the best course of action.
Benefits of Working with the Car Accident Attorneys at Wooten, Kimbrough, Damaso & Dennis
At the law firm of Wooten, Kimbrough, Damaso & Dennis, we serve as advocates for car accident victims who have suffered severe injuries. Our experienced Orlando car accident lawyers will fight vigorously before the judge, jury, and other attorneys on your behalf to help you secure the full and appropriate compensation you deserve. Among other forms of support, we may be able to help establish fault, recover damages, and assist with insurance benefits such as no-fault coverage, health insurance, liability insurance, and uninsured motorist coverage.
We support Orlando car accident victims in recovering compensation by investigating cases and pursuing the liable party on their behalf.
We’ve spent decades establishing our firm as a trusted partner for victims of Orlando car accidents. But in a competitive world of Orlando law firms, why choose us as your trusted partners?
- We’ve recovered millions of dollars for our clients from auto accident cases
- We have over 100 years of experience in personal injury law
- We work on a contingency fee basis – no recovery, no fee
Likewise, if your family isn’t already on the Florida Highway Patrol’s DAVID database, our firm highly recommends it. In the event of a severe accident, your loved ones would receive immediate notification. Adding your name to the database is free, and you can register online by visiting the Florida Department of Highway Safety and Motor Vehicles website. The personal information you provide is private and only available to law enforcement agencies. Our Orlando car accident attorneys recommend that all of our clients register with DAVID.
Contact Our Orlando Car Accident Lawyers Today So We Can Help You With Your Claim
After you’ve been involved in a car accident in Orlando, it’s crucial to enlist a personal injury attorney as soon as possible. Fortunately, the Orlando car accident lawyers at Wooten, Kimbrough, Damaso & Dennis, P.A. have over 100 years of combined experience holding negligent parties responsible for the damage they’ve caused, and we provide free consultations to all families suffering from wrongful deaths or catastrophic injuries. We help our clients stand up to powerful insurance companies and deep-pocketed adversaries every day.
If you’ve been injured in a car accident in or near the Orlando area—even if you’re visiting from out-of-state or out-of-country—we have a great deal of experience helping those who are involved in roadside crashes or other auto accidents. In addition to partnering with someone who can help you collect compensation, you deserve a compassionate Orlando car accident attorney who will empower and encourage you throughout the legal process. When you need legal assistance, give us a call to find out how we can help. To schedule a free consultation, call us at (407) 843-7060 or submit a contact form online today.
Frequently Asked Questions About Car Accidents in Orlando, FL
Do I Need to Hire a Car Accident Attorney?
While you will never be required to hire a lawyer for legal matters, we strongly recommend you work with an attorney during your Florida car accident case. This is primarily because there is a significant risk of accidentally misrepresenting yourself without appropriate legal representation. Your attorney can help ensure you are represented fairly and favorably, which helps maintain the compensatory value of your case.
You can win compensation for your attorney fees and legal services in addition to your other losses. This means the liable parties will most likely cover your payments, and you won’t have to pay out of pocket. Our Orlando car accident lawyers also offer free consultations and work on a contingency fee basis, meaning you don’t pay us unless you win your case. Working with an Orlando car accident lawyer helps mitigate risk, protect your financial stability, and improve your odds of success.
How do you calculate pain and suffering in a car accident?
Pain and Suffering are divided into two categories: (1) past pain and suffering and (2) future pain and suffering. Past and future pain and suffering include inconvenience, emotional anguish, physical pain, humiliation, trauma, aggravation, and loss of enjoyment of life. In order to collect on damages for pain and suffering in an auto accident, there must be some sort of permanent injury resulting from that auto accident. A permanent injury may be a lifetime impairment, disability, or significant scarring or disfigurement. Once it is shown that there is a permanent injury, then damages for past and future pain and suffering can be evaluated. Although, it is important to note that pain and suffering are subjective and individualized, so damages vary on a case-by-case basis.
Who Pays for Damages in Florida No-Fault?
In most no-fault cases, your auto insurance will likely cover your damages, including medical bills, property damage, wage loss, and non-economic losses. Most policies have an upper limit of what they are willing to pay for your costs, but you can file a claim against the liable parties. This means you have the option to cover damages beyond your car insurance policy limit without compromising your personal financial stability.
Who will pay my medical bills while my car accident case is still pending?
Typically, your medical bills will be paid with your Personal Injury Protection (PIP) through your car insurance policy first. PIP covers 80% of all necessary and reasonable medical expenses up to the limits of coverage for bodily injuries sustained as a result of an auto accident. The State of Florida requires that every car owner has a minimum of $10,000 of PIP. Any remaining medical expenses would be paid through the patient’s own health insurance; however, some people may also have Medical Payments Coverage (MedPay). MedPay is elective insurance that would apply to an insured’s medical treatment for auto accident injuries. It is important, however, to read your insurance policies so that you know which insurance would pay your medical expenses first, your personal health insurance or MedPay. Also, any expenses not covered by insurance would be your responsibility to pay
What kind of damages can I recover after a car accident in Orlando?
There are six (6) types of damages that you may be able to recover from a car accident: (1) past medical expenses; (2) future medical expenses; (3) past lost earnings; (4) loss of future earning capacity; (5) past pain and suffering; and (6) future pain and suffering. Pain and suffering are recoverable only where there is some sort of permanent injury. Other than personal injury, a person could also recover for damage to his or her vehicle as well as other out-of-pocket expenses incurred as a result of the car accident.
How Much Will an Orlando Car Accident Lawyer Charge?
Many personal injury attorneys will charge a percentage of winnings for their services, which will be discussed before agreements are made. However, the Orlando car accident lawyers from Wooten, Kimbrough, Damaso & Dennis work on a contingency fee basis and offer free consultations, meaning you will not necessarily pay legal fees.
Your attorney will only collect any payment if you win your case. Additionally, car accident cases are generally eligible for compensation, including recovery for legal fees and services. This means liable parties are most likely to pay these fees, and you are unlikely to pay for our support at any point during the process.
Orlando Car Accident Lawyer Here for You
Navigating the aftermath of a car accident can be overwhelming and stressful. At Wooten, Kimbrough, Damaso & Dennis, P.A., we understand the physical, emotional, and financial toll an accident can take on you and your family. Our dedicated team of Orlando car accident lawyers is here for you, ready to provide the support and legal skills you need. From the moment you contact us, we prioritize your well-being and work tirelessly to secure the best possible outcome for your case.
We offer compassionate guidance, ensuring you feel heard and supported throughout the entire legal process. Our team is available to answer your questions, provide updates on your case, and offer professional advice whenever you need it. We believe in building strong, trusting relationships with our clients, and we are committed to fighting for your rights and the compensation you deserve. Let us help you navigate this challenging time with confidence and peace of mind.
Compensation Available in a Personal Injury Case
In a personal injury case, several types of compensation may be available to help you recover from your accident. These can 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.
- Lost Wages: If your injury prevents you from working, you may be entitled to 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.
- 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.
- Property Damage: Compensation for any damage to your vehicle or personal property as a result of the accident.
- 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.
Understanding the full extent of the compensation available can be complex, which is why having an experienced personal injury lawyer on your side is crucial.
You Could File a Wrongful Death Claim or Lawsuit
If you have lost a loved one due to a car accident caused by someone else’s negligence, you may be entitled to file a wrongful death claim or lawsuit. Wrongful death claims seek to provide financial compensation for the surviving family members and hold the responsible party accountable for their actions.
Circumstances under which a wrongful death claim can be filed include fatal car accidents resulting from reckless driving, DUI, distracted driving, or other negligent behaviors. Compensation in a wrongful death case can include:
- Funeral and Burial Expenses: Covering the costs associated with laying your loved one to rest.
- Loss of Consortium: Compensation for the loss of companionship, love, and support that the deceased provided.
- Lost Income and Benefits: Financial support to cover the income and benefits the deceased would have provided to the family.
- Pain and Suffering: Compensation for the emotional distress and suffering experienced by the surviving family members.
Filing a wrongful death lawsuit can be a complex and emotionally challenging process, but our experienced attorneys are here to guide you every step of the way.
We Will Fight for the Fair Value of Your Case
At Wooten, Kimbrough, Damaso & Dennis, P.A., we are committed to fighting for the fair value of your case. We understand the importance of securing the compensation you need to recover fully from your injuries and move forward with your life. Our team works diligently to investigate your case, gather evidence, and build a strong argument on your behalf.
We have a history of successful outcomes, including significant settlements and verdicts for our clients. Our dedication to justice and fair compensation is unwavering, and we will not rest until we have achieved the best possible result for you.
Going Beyond PIP After an Orlando Car Accident
Florida’s no-fault insurance system, known as Personal Injury Protection (PIP), covers a portion of your medical expenses and lost wages after a car accident. However, PIP coverage may be insufficient, especially in cases involving serious injuries. When PIP benefits run out, it’s crucial to explore other avenues for compensation.
Steps involved in pursuing additional compensation include:
- Filing a Claim Against the At-Fault Driver: If your injuries meet certain thresholds, you can file a claim against the at-fault driver for additional damages.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver lacks sufficient insurance, you can seek compensation through your own uninsured/underinsured motorist coverage.
- Third-Party Claims: Pursuing compensation from other liable parties, such as vehicle manufacturers or government entities responsible for road maintenance.
Proving Negligence in a Car Accident Case
Proving negligence is a critical component of any car accident case. To establish negligence, you must demonstrate the following:
- Duty of Care: The at-fault driver had a legal responsibility to act with reasonable care.
- Breach of Duty: The driver failed to fulfill this duty, either through reckless or negligent behavior.
- Causation: This breach of duty directly caused the accident and your injuries.
- Damages: You suffered actual damages as a result of the accident.
Evidence plays a crucial role in proving negligence. This can include:
- Police Reports: Official documentation of the accident and any citations issued.
- Witness Statements: Testimonies from those who saw the accident occur.
- Photographs and Videos: Visual evidence of the accident scene and damages.
- Expert Testimony: Analysis from accident reconstruction experts and medical professionals.
How We Build Evidence in a Car Accident Case
Building a strong case requires meticulous attention to detail and comprehensive evidence collection. Our strategies include:
- Accident Scene Investigation: Thoroughly examining the scene to gather physical evidence and document conditions.
- Collecting Witness Testimonies: Interviewing witnesses to obtain accurate accounts of the accident.
- Medical Records Review: Analyzing your medical records to document the extent of your injuries.
- Expert Consultations: Working with experts to reconstruct the accident and assess the long-term impacts of your injuries.
- Documentation: Compiling all relevant documents, including police reports, insurance records, and repair estimates.
Our Lawyers Can Help with a Rollover Accident in Orlando
Rollover accidents present unique challenges and often result in severe injuries. Our firm has extensive experience handling rollover accident cases and can navigate the complexities involved. Challenges include:
- Vehicle Stability: Determining if vehicle design or defects contributed to the rollover.
- Road Conditions: Assessing if poor road conditions or maintenance played a role.
- Seatbelt and Airbag Function: Investigating if safety features performed as expected.
Our experience allows us to effectively represent clients in rollover accidents to help them receive the compensation they deserve.
Resources For Car Accident Claims in Orlando, FL
- Hiring a Car Accident Lawyer
- Florida Insurance Requirements
- CDC – Motor Vehicle Safety
- Orlando Civil Court Division