Insights

Budget Car Rental Accidents

What to Do Immediately After a Car Accident in Florida: A Quick Checklist

What to Do Immediately After a Car Accident in Florida: A Quick Checklist 612 459 Mark Ramilo

Florida Car Accident Checklist: Navigating the Aftermath with Bengal Law’s Expertise

Car accidents are stressful and overwhelming, especially in Florida, where the laws and regulations can be complex and confusing. If you are involved in a car accident in Florida, you may not know what to do or who to turn to for help. That’s why we at Bengal Law have created this quick checklist to guide you through the steps you should take immediately after a car accident in Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), the state had over 401,000 crashes in 2021, including bicycle and motorcycle accidents and minor crashes1. This is an increase from 2020, when the state had 341,399 crashes, likely due to the COVID-19 pandemic. As of July 7, 2022, the state has recorded 194,632 crashes, which may indicate a downward trend2. With such high numbers of car accidents in Florida, it is important to be prepared and know what to do in case you are involved in one. At Bengal Law, we are a team of experienced and dedicated personal injury attorneys who have handled thousands of car accident cases in Florida. We know the ins and outs of the Florida car accident laws, and we can help you get the compensation you deserve for your injuries and damages. We also understand that every car accident case is unique, and we provide individualized attention and care for each of our clients.

Immediate Actions at the Accident Scene

Car accidents are sudden, stressful events that can leave you feeling disoriented and panicked. Knowing what to do in those critical moments following a collision can make all the difference in both your physical recovery and your legal case. Here’s a guide to help you navigate through those crucial first steps:

Stay Calm and Assess Your Situation

Importance of maintaining composure: In the immediate aftermath of an accident, it’s natural to feel a rush of emotions. But try to take a deep breath and stay calm. Your clear thinking will be essential in handling the situation effectively.

Checking for injuries and calling emergency services if needed: Before anything else, check yourself and others for any visible injuries. If anyone is hurt, call 911 right away. Even if injuries seem minor, it’s wise to get medical help as some injuries may not be immediately apparent.

Secure the Scene

Safety precautions like hazard lights, cones, or flares: Make the scene as safe as possible. Turn on your vehicle’s hazard lights and, if available, use cones or flares to warn other drivers. If it’s safe to do so, move your vehicle off the road to prevent further collisions.

Contact Law Enforcement

In the aftermath of a car accident, many people wonder whether they should call the police, especially if the damage appears to be minor. However, involving law enforcement is often a crucial step that shouldn’t be overlooked. Here’s why:

When and why to call the police

Importance of an Official Report: A police report is an impartial third-party account of the accident. It contains critical details like the involved parties, witnesses, and the officer’s observations of the scene. This report may become a vital piece of evidence if you decide to pursue a legal claim.

Even Minor Accidents: It’s generally advisable to call the police after an accident, regardless of how minor it may seem. Minor damage might hide more serious underlying issues, and having an official report can prevent disputes later on.

Obtaining a Copy: Be sure to ask the responding officer how you can obtain a copy of the accident report. Having this document can be essential when dealing with insurance companies or if legal action becomes necessary.

Exchange Information with Other Parties

Details to gather: Exchange information with all involved parties. This should include names, addresses, phone numbers, insurance details, and license plate numbers. Do not discuss fault or apologize, as it may be used against you later. Take pictures of the documents if possible to ensure accuracy.

Seek Medical Attention

In the chaos that often follows a car accident, it’s crucial not to overlook your health. Even if you feel fine, underlying injuries might not manifest symptoms immediately. Taking appropriate medical action is not only vital for your well-being but also plays a critical role in any subsequent legal claims.

Immediate Care if Necessary

Importance of medical attention, even if injuries seem minor: After an accident, adrenaline can mask the pain of injuries. It’s vital to consult with a medical professional as soon as possible, even if you feel fine at the moment. Delaying medical care could lead to complications and may also affect the credibility of your injury claim later on.

Visit a healthcare provider: Whether it’s an emergency room visit or an appointment with your primary care physician, don’t delay in getting a professional medical assessment. Prompt care can catch injuries that might otherwise go unnoticed until they become more severe.

Documentation of Medical Treatment

How medical records can affect your legal case: Accurate medical documentation serves as concrete evidence of your injuries and the associated costs. Keep a detailed record of all treatments, including doctor visits, medications, therapies, and any other related expenses.

Communicate openly with your healthcare provider: Be sure to describe all your symptoms and how the accident happened, as this information will be part of your medical records. Ensure that everything is accurately recorded, as inconsistencies might be used against you later.

Consult with Bengal Law: Our experienced team at Bengal Law: Florida Car Accident Lawyers and Personal Injury Attorneys PLLC understands the importance of proper medical documentation in building a strong case. We can guide you through this process and ensure that your rights are protected.

Documenting the Accident

Gathering evidence after a car accident is a vital step that can significantly affect the outcome of your case. This information can provide a clear picture of what happened and who is responsible. Here’s how to effectively document the accident:

Take Photographs

What to capture with photos or videos: Make sure to take clear pictures of all visible damages to vehicles, surrounding property, and any injuries. Capture various angles and distances to provide a comprehensive view. Don’t forget to include photos of the accident scene, including road conditions, traffic signs, and any relevant skid marks or debris.

Speak to Witnesses

How to gather and record witness statements: If there are witnesses to the accident, approach them calmly and ask for their contact information and a brief statement of what they saw. If possible, record their statements on your phone, ensuring you have their consent first. These witness accounts can provide an unbiased perspective of the event.

Keep a Personal Account

Importance of writing down your memories of the event: As soon as you can, write down everything you remember about the accident, including your actions, the actions of others, weather conditions, and any conversations you had. These details might become fuzzy over time, so capturing them right away can be crucial.

Why Choose Us

Decades of experience: Our legal team has settled millions of dollars for our clients.

Former insurance adjusters & defense attorneys: We know the tactics used by insurance companies because we used to work for them. We leverage that experience to fight for your rights.

Low volume, high-value practice: We focus on a limited number of cases to ensure that you receive personalized attention and the best results possible.

Direct communication with attorneys: You’ll work closely with injury attorney Jeff Starker, who has over 25 years of handling cases like yours.

Our Approach

Emphasis on individualized attention and understanding your story: We listen, we care, and we strategize according to your specific situation and needs.

How we maximize the value of each case: We spend significant time getting your story, gathering documents, and working quickly to maximize your case’s value.

How to Reach Us

Contact information: Don’t hesitate to reach out by calling or texting 407-815-3000. We look forward to serving you.

Contact Bengal Law: Florida Car Accident Lawyers and Personal Injury Attorneys PLLC

Accidents can be overwhelming and terrifying. But you don’t have to face the aftermath alone. Bengal Law is here to provide expert guidance and compassionate support.

If you’ve been involved in a car accident in Florida, the essential steps to take are to stay calm, secure the scene, seek medical attention, contact law enforcement, document the accident, and reach out to Bengal Law. Our legal team is here to ensure the best possible outcome for your case.

At Bengal Law: Florida Car Accident Lawyers and Personal Injury Attorneys PLLC, we know that personal injury is personal. We want to hear your story and understand what you need to rebuild your future. Our approach is different from the large billboard injury firms because we focus on you, your story, and provide individualized attention to make a full financial recovery after an accident.

Your case deserves empathy, attention, and dedication. And that’s precisely what we offer. Contact us today at 407-815-3000, and let us help you hold those responsible for your injuries accountable. Contact us today!

What Is Personal Injury Protection (PIP) Insurance?

What Is Personal Injury Protection (PIP) Insurance?

What Is Personal Injury Protection (PIP) Insurance? 1920 1080 Chase Jennings

About Personal Injury Protection (PIP)

PIP (Personal Injury Protection) coverage is a type of insurance coverage that is necessary in states that have “no fault” car insurance. There are 12 such “no fault” states where PIP coverage is necessary, including Florida.

No fault car insurance is, essentially, a method by which state legislatures have chosen to streamline the process of car accident insurance claims, particularly smaller claims. In this type of insurance, fault is not assigned after an accident.

So, rather than pursuing the other insurance company for the costs associated with property damage, medical bills, or lost wages, your own car insurance company covers these costs. Because of this, PIP is mandatory in Florida.

PIP, as the name suggests, will compensate you up to applicable limits after a car accident. You do not have to sue or take action against the other driver in any way – you simply file with your own insurance company.

Florida Insurance Requirements state that all drivers must carry $10,000 in PIP, but you can choose a policy with a higher limit. Typically, your insurance will cover 80% of the cost of medical services, and 60% of your lost wages, up to your policy maximum.

How Does A PIP Insurance Claim Work?

If you’re injured in a car accident, you will need to contact your auto insurer. Then, your own insurance company will pay for a portion of your medical bills and reimburse you for some or all of your lost earnings, up to the amount of your claim or the limits of your policy.

However, if your medical bills exceed the limit on your PIP policy, you will then be responsible for paying for the remainder of your treatment, just as you normally would.

At this point, your private health insurance may kick in, or if you are on a state-run Medicaid program, these insurance programs will pay the bills up to applicable limits. If you don’t have health insurance, you will have to cover the cost of your medical bills out-of-pocket after you reach the PIP maximum outlined by your insurance policy.

Can I Recover Compensation Beyond PIP Insurance?

Because Florida is a no-fault insurance state, you can’t sue the other driver and their insurance company unless there are very specific circumstances involved in the accident. The whole point of “no-fault” auto insurance is that it eliminates the need for drivers to sue each other for minor accidents.

However, if you are in a very serious accident, you still may be able to obtain compensation above and beyond your PIP insurance coverage limits.

If you meet one or more of the following criteria, you may be able to bring a lawsuit against the other driver and their insurance company.

  • Wrongful death
  • Permanent and significant loss of an important bodily function
  • Permanent and significant scarring
  • Any injury identified by doctors as permanent

If these conditions are present, you may be able to work with an Orlando car accident lawyer like the team at Bengal Law too file a personal injury suit and recover compensation for pain and suffering, expenses associated with medical care, lost and diminished earning capacity, lost wages and benefits, and other such damages.

Personal Injury Lawsuit Myths - Whats True?

Personal Injury Lawsuit Myths (What’s True???)

Personal Injury Lawsuit Myths (What’s True???) 1920 1080 Chase Jennings

Myths & Misconceptions About Personal Injury Lawsuits

There are numerous misconceptions and myths surrounding personal injury lawsuits and claims, many of which need a legal professional to debunk. A professional team of Orlando Personal Injury Attorneys from Bengal Law has detailed an in-depth guide to help you demystify some of the myths. Read on!

1. Personal Injury Claims Take Forever

It is hard to determine beforehand how long a personal injury case will drag on before conclusion. While some cases are complex, others are straightforward to predict the duration they will last. Your personal injury lawyer should advise you within a reasonable time and complete the claim process as quickly as possible.

2. Your Insurance Coverage will Cater for Everything in Case of an Accident

Although injuries from accidents are common, sometimes insurance firms only pay part of the associated costs. Accident victims may therefore end up footing their own medical bills to some extent. After an accident, you need to contact your insurer to discuss the details of the accident and possible compensation.

3. The Responsible Party will Foot the Entire Bill

You may neglect the idea of filing for claims from personal injuries assuming that the person responsible will pay out of their pocket. However, in many cases, the person responsible settles the bill from their insurance coverage. The cost is therefore only felt through higher insurance premiums.

4. My Employer will sack me if I File a Claim Against them

It is illegal for your employer to sack or threaten you for filing claims for injuries sustained at work. This is against the worker’s employment rights. The employer is required by law to ensure the safety of employees at work and provide them with comprehensive insurance coverage against work-related injuries.

5. It is Not Worthy to File Claims for Minor Injuries

Many people choose not to file claims if they have minor injuries. However, it is within your rights to claim compensation for medical bills from even minor bruises. You should work with a personal injury attorney from Bengal Law to help you determine if it is necessary to file a claim depending on the severity of the injuries.

6. Time is Not of Essence in Filing a Claim

It is advisable to file personal injury claims before the injuries heal. There is a provision under the law on the maximum period beyond which you cannot file personal injury claims, usually three years from when the accident happened.

Need a Qualified Orlando Personal Injury Attorney? Get in Touch Today

If you sustain personal injuries and need to file a claim for damages, you require an experienced personal injury lawyer to hold your hand. Fortunately, Joel Leppard of Bengal Law is a renowned Orlando Personal Injury Attorney with years of experience handling personal injury cases successfully. Please contact us online today or call us directly at 407-815-3000 to seek our legal representation and get a free consultation.

Recovering Compensation in a Personal Injury Lawsuit (2021)

Do You Have a Good Personal Injury Case? (2023)

Do You Have a Good Personal Injury Case? (2023) 1920 1080 Joel

Recovering Compensation in a Personal Injury Case

To recover compensation in a personal injury lawsuit, you must prove three things. First, you must show that you suffered some form of injury that caused damages or losses. Second, you must be able to prove that someone else is responsible for your injuries. Lastly, there should be access to financial recovery through the insurance policy or personal assets of the person responsible for your injuries.

Negligence

Negligence is a concept at the heart of every personal injury claim. In our society, every person has a duty to take reasonable precautions to avoid harm to others. Negligence occurs when someone violates this duty. In simpler terms, negligence means that someone was careless, and their carelessness caused an injury to another person.

Some examples of negligence include:

  • A driver who fails to stop at a stop sign
  • A truck driver who fails to yield when merging onto the highway
  • A shop owner who fails to clean a slippery and dangerous surface

In each of the examples above, the driver, the trucker, and the shop owner owed a duty of care to follow the rules of the road, take reasonable precautions to avoid an accident, or protect the safety of customers on their premises. Anyone injured by their failure to abide by the required duty of care would have a personal injury claim against them.

Sometimes, proving that someone acted negligently is difficult — especially when the at-fault party is represented by an insurance defense attorney. Moreover, it can be difficult to uncover all sources of recovery available to you. That is where an experienced personal injury attorney can help. Contact Bengal Law today to discuss the facts of your accident and determine whether or not you have a valid personal injury claim.

How Much Is My Personal Injury Case Worth?

The goal of every personal injury case is to turn back the clock to place the accident victim in the same financial position as they were before the accident occurred. For example, if you have accrued medical expenses, lost wages, and incurred other expenses related to your injuries, the law is designed to compensate you for the total value of those losses.

The value of a case is determined by several factors, including the extent of your injuries, medical bills, property damage, pain and suffering and loss of enjoyment of life. Some of these factors, such as medical bills, are tied to a literal dollar amount. These are known as “economic damages.” Other factors, such as pain and suffering, are known as “non-economic damages.” This form of damages is often difficult to calculate without the assessment of an experienced Orlando accident attorney.

Economic Damages

Personal injury lawsuits seek to compensate victims in the form of damages, which include both economic and non-economic losses. For example, if you were injured in an accident, you may have medical bills, lost wages, property damage, and other costs associated with your recovery. These are considered forms of “economic damages.” If you have experienced damages such as these, you are entitled by law to seek compensation to recover financially for your economic losses.

Non-Economic Damages

In addition to economic damages, you may also be entitled to seek compensation for non-economic damages. This form of damages includes things such as pain and suffering, loss of enjoyment for life, trauma, and other psychological and emotional harm. Non-economic damages are often difficult to calculate and even harder to prove. An experienced personal injury attorney can help you determine the true value of your non-economic damages so that you can maximize your recovery under the law.

Schedule a free consultation

Getting the compensation you need to make a full financial recovery starts with a free case evaluation with accident attorneys Jeff Starker or Joel Leppard.

Start today by texting or calling our office at (407) 815-3000 to schedule a consultation with one of our personal injury attorneys, or complete our contact form to start your journey of getting help. We look forward to serving you.

    Bengal Law
    Bengal Law logo

      Orlando Florida Car Accident Lawyers and Personal Injury Attorneys

    638 Broadway Ave, Suite #200,
    Orlando, FL 32803
    OPEN GOOGLE MAP

      PHONE

    (407) 815-3000
    CALL US

      Rockledge Florida Car Accident Lawyers and Personal Injury Attorneys

    1530 US Highway-1, Suite #400,
    Rockledge, FL 32955
    OPEN GOOGLE MAP

      PHONE

    (321) 332-7901
    CALL US

    © 2023 Bengal Law: Florida Car Accident Lawyers and Personal Injury Attorneys PLLC. Sitemap. Website by Chase Jennings.

    Bengal Law: Top-Rated Injury Lawyers