A popular misconception is that Florida’s no-fault insurance laws preclude you from taking legal action against a negligent driver. This is simply not the case. If your damages exceed your own insurance limits, you could turn to the other party for compensation. However, it may not be easy.
With a car accident lawyer serving Orlando, you could recoup damages for your pain and suffering, medical bills, and lost income. At Chalik & Chalik Injury Lawyers, we have nearly 30 years of experience serving our community. By providing customized legal care, we will seek the highest possible award in your case.
What Damages Can You Recover Through a Claim or Lawsuit?
The damages that may be available after an Orlando car accident depend on the facts of your case and the severity of your injuries. In general, you can only file a claim based on your own personal injury protection (PIP) coverage – unless your injuries meet a certain threshold.
Types of compensable damages in your case could include:
- Ambulance transportation
- Emergency department treatment
- Inpatient care
- Prescribed therapies
- Prescription drugs, including pain management medications
- Adaptive, mobility, and accessibility equipment
- Ongoing care
- Lost wages
- Diminished future earning capacity
- Vehicle repair or replacement costs
- Rental car costs
- Pain and suffering
- Scarring, disfigurement, and loss of enjoyment of life
What is the Average Value of Car Accident Damages in Orlando?
We know firsthand that most personal injury cases are settled out of court. In fact, eighty-five percent of the cases we handle are settled in this manner.
Insurance claims are usually confidential, only between the liable insurer and the claimant. The outcomes of court cases, however, are generally public.
Without having all of these details, there is no way to calculate the average value of car accident cases. However, the following details could increase the value of your losses:
- The amount of time you missed from work
- The length of your recovery period
- The cost of your financial losses (like medical bills and property damage expenses)
- Your day-to-day function
- Your mobility
- The impact of your condition on your future
Each insurer has a different way of calculating claimants’ damages. We will add up the values of your medical bills, lost wages, and property damage costs to determine the monetary value of your case.
Your Portion of Fault Reduces Your Final Settlement
Florida Statutes §627.7407 deems Florida a no-fault state. However, at the same time, Florida Statutes §768.81 also says that Florida operates on a pure comparative negligence system. What does this mean? Well:
- You can file a claim with your insurer regardless of who caused the accident.
- You can file a claim or lawsuit even if you primarily caused the crash.
- Your portion of fault will deduct from your claim’s value, meaning that if you caused 40% of the collision, you can only seek 60 percent of your losses.
- Proving fault is important since you don’t want to be denied rightful compensation.
We understand that this can be confusing – especially if you’ve never filed a personal injury case before. When you connect with our Orlando car accident team, our lawyers can explain your options for seeking damages.
Find a Orlando Car Accidents Lawyer
Near Me (407) 420-9838
We Can Help You File an Insurance Claim and or Lawsuit, if Necessary
We could settle your car accident case in Orlando through an injury claim. To complete your case, we will:
- File your claim
- Present supporting evidence to the insurer
- Send your demand letter, detailing the cost and extent of your losses
- Negotiate an agreement
- Read the liable policy
- Protect you from bad faith insurance practices
An Injury Lawsuit
If the liable insurer denies our claim or refuses to offer a fair settlement, we will litigate your case. This involves:
- Managing your case’s paperwork
- Collecting witness testimony and depositions
- Communicating with the other party’s lawyers
- Filing your case in civil court
- Abiding by all filing deadlines
Florida Statutes §95.11(3)(a) says you have four years to file your lawsuit. Florida Statutes §95.051 lays out some exceptions. Failing to meet the four-year deadline could be detrimental to your case’s outcome. The courts could dismiss your case because you did not file it on time. This makes prompt legal action crucial.
Chalik & Chalik Car Accidents Lawyer Near Me (407) 420-9838
What Should You do Immediately Following a Car Accident in Orlando?
Your case’s outcome is influenced by the steps you take following the collision. The following measures are only recommendations, as your health should be your top priority.
You should consider:
Writing Down Your Version of Events
If possible, document everything you remember before, during, and after the crash. While your team will gather your case’s necessary information, jot down these details:
- The time, date, and location of the collision
- Your diagnosis
- Your recovery period, including information about your day-to-day life
- Any changes in your relationships with others
- Your time missed from work and the impact of your financial losses
- Things you noticed at the accident scene, like the points of impact and debris on the road
- Details about the at-fault driver
Your testimony is important. Any information you share with us could help your case.
Refusing to Give a Recorded Statement
The insurance company wants to settle your case for as little money as possible – regardless of how nice they seem. As a way to derail your case, they may ask you to give a recorded statement. Avoid doing this because:
- Your own words could be used against you.
- The insurer could use editing software to splice your words out of context.
- You could accidentally admit to causing most of the crash.
Certain words have certain connotations. Even responding positively to, “How are you feeling today?” could contest the nature of your condition.
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Connect with Our Car Accident Lawyers in Orlando, FL
Chalik & Chalik Injury Lawyers offers complimentary case evaluations to Orlando car accident claimants. If you suffered serious injuries in a Florida crash, we are ready to go to work for you. Call to get started.
Call or text Chalik & Chalik (407) 420-9838