Dedicated Car Accident Lawyer in Orlando, FL
Don’t pay for car accident expenses out of pocket. Call The Law Offices of Marc L. Shapiro, P.A., and seek compensation today.
In Florida, car accidents happen every day, but you probably never expected to be involved in a serious car accident that was another driver’s fault.
Moving forward after a severe car crash can be challenging, but an experienced car accident lawyer in Orlando, FL, can help. At The Law Offices of Marc L. Shapiro, P.A., we’ve helped Orlando accident victims seek adequate compensation since 1992, and we can put our experience to work for you. We’ll help you navigate the compensation process and be your legal guide throughout your insurance claim or lawsuit.
Read our client reviews to see how we’ve helped your Orlando neighbors secure compensation after devastating accidents.
Common Causes of Orlando Car Accidents
Florida ranks third among all 50 states for number of fatal car accidents per year, with an average of around 3,700 annually. But what makes car accidents in Florida — and Orlando specifically — so common compared to other states?
- Dense population: Major Florida cities like Orlando have much denser populations than rural areas, leading to more traffic and more accidents.
- Tourists: Orlando is a hot spot for tourists due to its proximity to Disney World, Universal Studios, and other major attractions. Tourists who are unfamiliar with driving routes sometimes make mistakes on the road that cause accidents.
- Older drivers: Florida is a popular retirement destination, and the state has a high population of senior residents. Older drivers sometimes don’t recognize when they can no longer operate their vehicles safely.
- Bad weather: Orlando experiences frequent, sudden downpours that limit visibility for drivers. Many Florida drivers are so used to this weather that they don’t see the need to slow down during periods of low visibility, causing accidents.
Aside from these reasons unique to Florida, accidents also happen in Orlando due to reasons like:
- Drunk driving: Driving under the influence of drugs or alcohol significantly impairs one’s decision-making abilities and reflexes, making them more likely to cause accidents.
- Speeding: Speeding is a common cause of accidents throughout the country, in addition to Orlando.
- Distracted driving: Texting and driving, along with other distractions, remove a driver’s focus from the road and inhibit their control over their vehicle.
- Failing to obey traffic control signals: Running stop signs and stop lights is another major cause of accidents that often result in significant damage.
Whether a drunk driver or a distracted driver running a red light caused your accident, our car accident attorneys in Orlando, FL, can help you determine how to proceed.
Common Injuries in Orlando Car Accidents
Any of the above accidents, including bicycle accidents, can cause injuries ranging from mild to devastating. Some car accident injuries are more common than others, but injuries from bicycle accidents also require specialized attention. These are some typical injuries resulting from Florida car accidents. If you are dealing with pain and medical bills due to one of these injuries, including those from a bicycle accident, our Florida bicycle accident lawyer at The Law Offices of Marc L. Shapiro, P.A., can help you start the process of pursuing compensation.
Whiplash
Whiplash is a common injury in both mild and severe car accidents. It occurs when a sudden jolt to your vehicle causes your head to be thrown forcibly backward and then forward, hurting the ligaments, muscles, and tissues in the neck.
Broken Bones
Your body experiences blunt force trauma in car accidents, potentially striking the seatbelt, airbag, sides of the vehicle, and seat. Even mild accidents often produce broken bones due to this force.
The parts of the body that commonly experience fractures in car accidents include:
- Arms
- Legs
- Feet
- Hands
- Collarbone
- Jaw
- Nose
Sometimes, broken bones are easy to identify, but other times, you may not immediately notice that your bone is fractured. A few common symptoms of a broken bone include swelling, intense pain, numbness, bruising, and bleeding.
Back Injuries
Car accidents often cause some form of back pain. Even if you were wearing your seatbelt during the accident, the upper half of your body may have been thrown forward, leading to a fracture or strain. Depending on the type of accident, burst fractures can also occur, crushing the vertebra in the spine.
Car accident victims also commonly experience herniated disks after accidents. Dislocating the disk from the vertebrae can lead to numbness in the arms, legs, or shoulders, along with pain.
Head Injuries
Traumatic brain injuries (TBIs) occur when a blunt force strikes the head, bruising the brain. Concussions are common forms of TBIs that many people overlook in the aftermath of an accident. However, neglecting a concussion can lead to long-term symptoms like headaches, trouble concentrating, sleep problems, and balance issues.
TBIs require emergency care, so if you suspect you have a head injury after an accident, seek medical treatment as soon as possible.
Should You Report the Car Accident to the Police?
Florida law requires drivers to report vehicle accidents to the police when they cause at least $500 of property damage or result in injury or death.
If your accident doesn’t meet either of these requirements, you can self-report it on the Florida Highway Safety and Motor Vehicles website. But if it did meet these requirements, call the police to report the accident. The police report can give you valuable evidence to use in your insurance claim or eventual lawsuit. Police reports include extensive details about the accident and even a determination of who was at fault.
Florida’s Car Accident Insurance Claim Process
Florida is a “no-fault state” for car accident claims, which means that in the majority of cases, drivers seek compensation through their own insurance companies rather than filing a claim with the at-fault driver.
Florida law requires all drivers to hold personal injury protection (PIP) insurance coverage. After a car accident, you would report your expenses to your own insurance company and file a claim through your PIP coverage. Your own insurance company would give you a payout, and you generally wouldn’t interact with the other driver’s insurance.
Personal injury protection coverage usually provides compensation for:
- 60% of lost income from crash-related injuries
- 80% of reasonable medical bills and expenses from crash-related injuries
- Up to $5,000 in death benefits for fatal collisions
However, there is an exception to the no-fault rule. If your car accident injuries meet the “serious injury” threshold, you may be able to seek compensation beyond your PIP coverage.
Florida’s “Serious Injury” Threshold
Florida defines “serious” car accidents as ones that result in any of the following:
- Permanent injury
- Significant and permanent loss of an important physical function
- Significant and permanent disfigurement or scarring
- Death
If your injuries meet any of these criteria, you may be able to seek compensation through the at-fault driver’s liability insurance or through a personal injury lawsuit. Your attorney can advise you on the steps to take to maximize your compensation. You may need to begin with a PIP claim and then proceed with a third-party claim or lawsuit.
What Does Modified Comparative Negligence Mean in Florida?
Florida also follows a modified comparative negligence policy for car accident cases. If you proceed with a compensation method beyond your PIP policy, you should understand these guidelines.
Under modified comparative negligence, someone involved in an accident can only seek compensation from another party if they were less than 51% at fault for the accident. The insurance company or judge may assign you a percentage of fault for the accident, but as long as that percentage is not more than 50%, you can seek compensation.
Florida’s modified comparative negligence rule is relatively new as of March 2023. Prior to this rule, Florida followed a pure comparative negligence policy, which allowed accident parties to seek compensation as long as they were less than 100% responsible. Now, that threshold has lowered to 51%, which could complicate the process of pursuing compensation. Our legal team at The Law Offices of Marc L. Shapiro, P.A. can guide you through the process.
Florida’s Minimum Car Insurance Requirements
Florida is unique in that it doesn’t require drivers to have bodily injury liability insurance coverage. Instead, the state requires drivers to have these two types of insurance:
- At least $10,000 in personal injury protection (PIP) coverage
- At least $10,000 in property damage liability (PDL) coverage
If you only have the minimum PIP coverage and you experienced significant injuries and physical damage, $10,000 may not be enough to cover all your expenses. As your car accident lawyer in Orlando, FL, we can explain ways to increase your compensation beyond a PIP insurance claim.
Filing a Third-Party Insurance Claim vs. a Lawsuit
If your car accident injuries meet the “serious injury’ threshold under Florida law, you can proceed with a third-party insurance claim or a lawsuit to seek additional compensation. But which route should you choose?
An attorney can examine the unique circumstances of your case, the value of your damages, and all other relevant factors and advise you on how to proceed.
Third-Party Claim
If the at-fault driver has sufficient bodily injury and property damage liability insurance coverage, you may be able to seek significant compensation through their insurance policy. But because bodily injury liability insurance is not a requirement in Florida, the negligent party may not have this coverage.
Your first step will be to file a claim through your own insurance company. Then, you can file a third-party claim that may cover additional expenses that your PIP policy did not cover.
Insurance claims typically don’t pay for non-economic damages, like pain and suffering or emotional distress. If you’re interested in seeking those damages, a personal injury lawsuit may be the better option.
Personal Injury Lawsuit
If the negligent party doesn’t have bodily injury liability insurance, or their policy doesn’t cover all of your expenses, you may decide to pursue legal action against them or their insurance company. Your car accident lawyer in Orlando, FL, will guide you through all the steps in your personal injury lawsuit and help you feel confident throughout the entire process.
Through a lawsuit, you could seek compensation for the economic and non-economic expenses you experienced from the accident. Economic expenses may include:
- Medical bills
- Damage to your vehicle
- Time off work
- Loss of ability to work
- Future medical expenses
- Medical equipment
Non-economic expenses are the damages that you can’t directly tie to a monetary price. They may include:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of companionship (in a fatal accident)
If the negligent party was acting recklessly when they caused your car accident, you may also pursue punitive damages. These damages punish the at-fault party for their wrongful behavior and come directly from their bank account. Drunk driving is an example of a scenario that could warrant punitive damages.
Statute of Limitations for Florida Car Accident Cases
If you’re considering taking legal action after a Florida car accident, you need to know the statute of limitations. Florida has a four-year statute of limitations for car accident lawsuits. You need to initiate your lawsuit within four years of the accident date or lose your chance of securing additional compensation.
Four years may seem like a long time, but it can go by quickly. Some accident victims assume they will never file a lawsuit, only to change their minds at the last second. Others want to push the accident out of their minds, only realizing years down the road that they could have secured significant compensation through a lawsuit.
If your four-year deadline is nearing, now is a good time to talk to a car accident lawyer in Orlando, FL. Your lawyer can help you understand the lawsuit process and estimate the damages you may be able to secure. With this information, you can make an informed decision about taking legal action before it’s too late.
Exceptions to the Statute of Limitations
Florida’s statute of limitations is a strict deadline, but there are a few exceptions that could allow you to extend the statute of limitations, including the following.
- You were legally “incapacitated” at the time of the accident. If you were physically or mentally unable to file a lawsuit for a period after your accident, that period wouldn’t count toward the four-year statute of limitations. Under this exception, the maximum period you have to file a lawsuit is seven years from the accident date.
- You were a minor at the time of the accident. If you were under 18 when the accident occurred, the statute of limitations would extend to seven years from the accident date. If you were close to turning 18, the four-year statute of limitations would begin on your 18th birthday.
- The at-fault driver left the state after the accident. If the defendant in your lawsuit was unreachable at any point after your accident, you don’t need to count that period toward the statute of limitations. You would have been unable to serve them a lawsuit if you didn’t know their physical address.
- The at-fault driver concealed their name or identity. If you couldn’t reach the negligent party, such as because they took steps to conceal themself, this period would not count toward the statute of limitations.
If the statute of limitations for your Orlando car accident has already passed, consult an experienced accident attorney with The Law Offices of Marc L. Shapiro, P.A., to learn whether any of these exceptions may apply.
How Much Compensation Can You Recover After a Florida Car Accident?
The compensation you can gain after a car accident in Orlando depends on a wide range of factors, such as:
- The severity of your accident
- The prognosis of your injuries
- The damage to your vehicle
- Your insurance coverage limits
- The negligent party’s insurance coverage limits
- Whether or not you take legal action
- Your potential future accident-related expenses
An experienced attorney can closely examine your case and determine an appropriate compensation figure to aim for. They’ll calculate the economic expenses you incurred, assign monetary figures to your non-economic expenses, and look to similar accident cases to find a ballpark compensation range.
While seeking compensation won’t make the accident disappear, it may ease a small amount of the burden the accident has placed on you.
How a Car Accident Lawyer Can Help
Does every accident victim need a lawyer? Or can you navigate your car accident case yourself?
If your car accident doesn’t meet the “serious injury” threshold, you may not need an attorney. You can file a claim through your own insurance company and seek compensation up to your coverage limits.
But if your PIP policy won’t cover all your accident expenses, or your insurance company isn’t cooperating, you’ll benefit from working with an attorney. Your car accident lawyer in Orlando, FL, can help you file a third-party insurance claim or personal injury lawsuit to increase your compensation. They can:
- Gather evidence to support your case
- Speak with the negligent party and all other parties on your behalf
- Help you file the paperwork for your claim or lawsuit
- Represent you in court
- Provide legal advice and guidance
At The Law Offices of Marc L. Shapiro, P.A., we’re dedicated to taking the stress of your car accident case off your shoulders. We’ll guide you through your accident claim or lawsuit while handling as many of the steps as possible on your behalf. You can focus on your recovery while we fight for you.
Learn more about us and why our law firm is so passionate about helping Orlando car accident victims.
Consult an Experienced Car Accident Lawyer in Orlando, FL
As a car accident victim, you may be overwhelmed by the road to recovery ahead of you. In such situations, it’s crucial to contact a lawyer after a car accident to ensure you navigate the compensation process correctly. You may not know how to proceed with the compensation process and not have the energy to figure it out. Or, you may be dealing with an insurance company that has denied your claim or failed to provide the proper payout for all your expenses.
Our attorneys at The Law Offices of Marc L. Shapiro, P.A., are here to bring clarity and peace of mind to your accident case. We’ll provide personalized, compassionate guidance and do everything we can to maximize your compensation.
Contact The Law Offices of Marc L. Shapiro, P.A., today at 239-329-8577 for your free consultation with a car accident attorney in Orlando, FL.
