Orlando Car Accident Lawyers

Orlando Auto Accident Attorney Near You

After an auto accident, it can feel like your life has been upended. You may experience tremendous physical pain, emotional trauma, and financial strain as you seek ongoing medical treatment for your injuries. You may also feel pressure to settle your car accident claim as quickly as possible, so that you can pay your medical bills and continue to support your family.

Insurance defense attorneys work to exploit your current situation by offering a quick, low settlement. If you don’t take their initial offer, they may work to diminish the value of your claim, delay settling your case, or deny your claim outright.

As Orlando auto accident attorney Jeff Starker knows from experience – he spent years of his early career representing insurance companies to limit their liability in car accident lawsuits. Now, he uses that experience to maximize settlement awards and judgements for accident victims.

Helping auto accident victims like you is what we do at Bengal Law. We understand the stress and uncertainty that you may be feeling at this time. You may be asking questions such as: How will I pay my medical bills? What happens if I have to miss work? Will I be able to afford an attorney?

Don’t face the insurance companies alone – speak with an experienced car accident attorney today. The attorneys at Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys are here to take your call, listen to your story, and create a plan designed to get you the compensation you need to make a full financial recovery. The consultation is free, and you pay nothing unless we win.

Do You Have A Claim?

If you have been injured in an accident, you may have a claim for compensation. But just because you are entitled to seek compensation does not always mean that you should. Not every car accident is worth money.

After an accident you should speak with an attorney about the following questions:

1. Was the accident someone else’s fault?
   If someone other than you caused the accident, then you may have a successful case. But, if you were the driver responsible for the accident, you may not be able to recover compensation.
2. Was the damage to your vehicle?
   Property damage is not required for a successful claim, but any photos of car damage are helpful in supporting your case.
3. Did you receive medical treatment for your injuries?
   Emergency and ongoing medical treatment is essential to every successful car accident case. A proper medical diagnosis for your injuries, records of medical treatment, and treatment plans can support your claim.
4. When did the accident occur?
   In Florida, there is limited time to file a claim after a car accident. If you wait too long to act, then you may lose your right to seek compensation.
5. Is there insurance available to pay for your claim?
   No matter how serious your injuries are after an accident, if the driver who caused your collision has no money or insurance and you do not carry UM insurance, then there may not be a source from which you can recover financial compensation, rendering your claim worthless.

Florida Auto Accident Laws

Car accidents are relatively straight forward. If you were injured by another driver, and that driver was operating his or her vehicle negligently or recklessly, then the at-fault driver is liable to you for any losses you may suffer as a result of the accident.

However, Florida law doesn’t allow individuals to recover in every accident.  In fact, many Florida law are designed to reduce the amount owed to you after a car accident. Additionally, there are other sources of recovery available to you if you were injured by an uninsured driver, or were involved in a hit and run accident. We explore some of these laws below, but it is always best to discuss the specific facts of your case with an Orlando accident lawyer to determine how laws may affect your financial recovery.

Don’t Wait To File A Claim Before It’s Too Late. Start Today!

After an accident, the first thing you should do is seek medical treatment AS SOON AS POSSIBLE but no later than within 15 days. Your next call? The best orlando accident lawyer you can find.

In Florida, there are deadlines known as a “statute of limitations” that limits the time in which you can file a personal injury claim after an accident. If you fail to file a claim before the statute of limitations expires, then you forfeit your right to seek compensation for your injuries. In fact, if you try to file a claim after this period has passed, the Florida court system will dismiss your case entirely.

Simply stated, you need to act fast after an auto accident. The sooner you hire an auto accident lawyer, the sooner you will be able to get the compensation you deserve. Not sure where to start? You can talk to an Orlando car accident attorney at  Bengal Law: 

today!  Orlando Accident attorneys Jeff Starker and Joel Leppard are available to take  your call personally. Call or text our office to schedule your free consultation.

What Is PIP Insurance?

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

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.

Understanding PIP Coverage

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.

In Florida, 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: Florida Accident Lawyers and Personal Injury Attorneys to 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.

No Fault Car Insurance Requirements in Florida

Florida has a no-fault car insurance system, meaning that every driver in the state is required to carry personal injury protection, or PIP, coverage. PIP coverage pays for medical bills and other economic damages suffered by anyone under the policy regardless of who was at fault for the accident.

While PIP insurance provides financial protection to policyholders, this form of insurance is limited. For example, PIP insurance does not compensate accident victims for non-economic damages like pain and suffering. In addition, the no-fault car insurance system prevents frivolous claims from being filed. 

Florida’s Comparative Negligence Law: What You Need to Know in 2023

If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, you should be aware that Florida has recently changed its comparative negligence law, which affects how much you can recover from the liable party.

Comparative negligence is a legal doctrine that reduces your recovery based on your own percentage of fault for the accident. For example, if you were 25% at fault and the other party was 75% at fault, you could only recover 75% of your total damages.

Until March 24, 2023, Florida followed the pure comparative negligence rule, which allowed you to recover damages even if you were more at fault than the other party. For instance, if you were 60% at fault and the other party was 40% at fault, you could still recover 40% of your damages.

However, on March 24, 2023, Florida enacted a major tort reform bill that replaced the pure comparative negligence rule with the modified comparative negligence rule¹. Under this new rule, you can only recover damages if your percentage of fault is 50% or less. If you are more than 50% at fault, you are barred from any recovery. For example, if you are 51% at fault and the other party is 49% at fault, you cannot recover anything.

This new rule applies to all negligence actions that accrue after March 24, 2023². The new rule also shortens the statute of limitations for general negligence actions from four years to two years⁴.

The change from pure to modified comparative negligence will have a significant impact on your personal injury claim. It will make it more difficult for you to prove that the other party was more at fault than you. It will also reduce the amount of damages that you can recover if you are partially at fault. Therefore, it is crucial that you consult with an experienced personal injury attorney who can help you protect your rights and maximize your recovery.

At Bengal Law, we have over 25 years of experience representing auto accident victims in claims against auto insurance companies. And, as former insurance adjusters, we know what it takes to maximize the amount due to you under the law. Contact us today for a free consultation to learn more.

How does Florida’s comparative negligence law work?

Example: “Two drivers caused a car accident when they were both behaving negligently. After litigating the case in a Florida court, the jury decides that the damages from the car accident are $100,000. The jury also decides that one car driver was 70% at fault for the accident, while the other driver was 30% at fault for the accident. That means that the first driver will be responsible for $70,000 in damages, while the other driver will be responsible for $30,000 in damages caused by the car accident.”

Florida Law on Car Accidents Caused by Multiple Drivers

In many car accidents, especially those involving more than two vehicles, it is possible that the accident was caused by the negligence of multiple drivers – or even a pedestrian who darted into traffic, or a bicyclist who veered outside of the dedicated bike lane. In these situations, Florida’s comparative negligence law will apply. Each party will be responsible for the amount of damages proportionate to his or her percentage of blame.

Common Causes of Auto Accidents in Orlando

Car accidents can happen in a hundred different ways. Not all accidents are cut and dry, which is why we’ll help you determine what damages you can claim for. Some of the accidents we cover are:

• Hit and run
• Rear-end
• T-bone
• Hit by a distracted driving
• Hit by a drunk driver
• Passenger in a car accident

In Orlando, many car accidents are the result of driver negligence. Negligence is a legal term used to define, in common terms, recklessness or carelessness. Whenever a driver chooses to get behind the wheel, the law imposes a “duty” on the driver to behave in a reasonable manner. When a driver does not behave in a reasonable manner, and that unreasonable behavior causes a car accident, then the injured victim may be able to recover damages in an Orlando court.

Some of the common causes of auto accidents in Orlando include:

Violating traffic laws: A driver who causes an accident by violating the traffic code will likely be found responsible for the damages caused by the accident. In fact, this is the most common cause of car accidents. Violations of traffic laws that regularly result in car accidents include drivers who ignore traffic lights and drivers who are speeding.

Impaired Driving: Sadly, alcohol-related crashes are still fairly common in Florida. According to the Florida Department of Transportation, 5,223 crashes were caused by drivers impaired by alcohol, which in Florida means that the driver has a Blood Alcohol Level (or BAC) over 0.08. While alcohol may be the most common cause of impairment for drivers in Orlando, Florida, it is not the only intoxicating substance. Drugged driving also impairs drivers and causes car accidents, with 617 confirmed cases in Florida during 2016.

Distracted Driving: Unlike impaired driving, where a specific substance can be identified, distracted driving encompasses any activity that takes the driver’s attention off of the road. Obvious examples include texting while driving or calling while driving. Less obvious examples of distracted driving include changing the radio station, using a GPS system, eating or drinking while driving, or putting on makeup.

Common Auto Accident Injuries

If you were injured in a car wreck, then documenting your injuries is an important step in making a claim for financial compensation. In addition to seeking ongoing medical treatment, you may want to photograph your injuries after an accident and document your recovery. 

Not sure if your injuries are related to an auto accident? Here are just a few of the common accident injuries that our law firm has handled over the last 25 years:

• Soft tissue injuries/Whiplash
• Traumatic Brain Injury, or TBI
• Cuts and lacerations
• Broken Bones
• Spinal Cord Injuries

What Can You Recover From An Auto Accident?

If you were injured in an auto accident in Florida, you are entitled to seek compensation for economic damages and non-economic damages in order to make a full financial recovery.

After an auto accident, you may have:

• medical bills,
• lost wages,
• property damage,
• vocational rehabilitation
• loss of earning capacity
• household services
• and other associated out-of-pocket costs.

These are called economic damages. While this form of damages is relatively easy to calculate, there may be many hidden costs that you have not considered, as well as future expenses necessary for your recovery.

You may also be entitled to non-economic damages, such as:

• pain and suffering,
• loss of enjoyment for life,
• worsening of prior injuries,
• humiliation,
• reputational damage, and
• emotional trauma.

These types of damages are often difficult to calculate, which is why it is advisable to speak with an auto accident attorney to determine the full value of your case.

Insurance companies will work with their legal teams to diminish the value of your claim. The first offer, and even the second, may be significantly less than what you deserve. Don’t leave money on the table – work with an experienced auto accident attorney today to determine the true value of your case. We handle all cases on a contingency fee basis, meaning that you won’t pay unless we win.

Contact an Orlando auto accident attorney

You may have questions about your auto accident injuries. Who is responsible for my accident? Who will pay my medical bills? Do I have a valid personal injury claim? Can I afford an auto accident lawyer?

The answers to those questions are just a free consultation away. Call Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys today to find out if you have a case today.