How a Car Accident Case Works

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If you’ve been involved in a car accident in the Orlando area, an attorney can help you seek compensation. Florida Law can be complicated---and it may be difficult to know the proper steps when you are the victim of a vehicular incident.

The ins-and-outs of Florida's car accident laws are difficult to understand. It’s normal to not know the intricacies that go into a legal case concerning an accident. Unfortunately, it often takes being in a car accident to learn.

If you are ever involved in a motor vehicle accident, you need to know your rights. You should contact an experienced Orlando car accident lawyer to gain the proper legal advice.

Florida's Car Accident Law

Car accident law is a combination of traffic and personal injury law. If you are injured in a car accident, you should hire an attorney to negotiate on your behalf.

That way you can focus on healing the injuries you sustained during the car crash and less on the potential looming legal proceedings.

A car accident attorney is best suited to handle all communications with the other driver and their insurance to determine who should pay for the damages.

If necessary, a lawsuit  may be necessary to piece together exactly what happened using police reports, photos, depositions, medical reports and diagnoses, and other evidence.

Your lawyer will use this evidence to argue in favor of compensation for your injuries and damages.  

Typically, whoever is at fault is the one who must compensate the other party. They can be held responsible to pay for any medical costs and property expenses that were the direct result of the accident.

Your personal injury attorney’s duty is to look out for your best interests. They will do their best to have the compensation you receive cover the damages you have incurred because of your accident.

However, this is not always a simple calculation. Sometimes, both drivers are at fault.

Determining liability in a personal injury case, like a car accident, can be tough.

You need to know exactly where you stand under Florida’s car accident laws..

Whether an accident happens in Orlando, Tampa, or Central Florida, all must follow a clear rule.

Florida utilizes Pure Comparative Fault rule. Pure Comparative Fault is a measurement of your negligence in comparison to how much monetary compensation you should receive for your damages. The lower the negligence, the higher the compensation from the defendant’s insurance, and vice versa. The rule applies to accidents in Central Florida and across the state,even if the court shows that one driver is more responsible for the accident than the other.

In most car accident cases, two things will need to be calculated, based on the evidence provided:

  1. The total dollar amount of the plaintiff's (injured party’s) damages.
  2. The percentage of fault that belongs to each party.

For instance, if you are 90% at fault, you are still entitled to 10% of your total damages. The plus side is that you do not have to pay for 90% of the other driver's costs.

To gain an understanding of how this impacts your accident case, call a personal injury law firm.

You can gain valuable advice during a case evaluation.

Fortunately, most people do not have to pay all the damages from a collision out-of-pocket. This is what an auto insurance policy is for--covering you when auto accidents happen.

The Role of Auto Insurance

Automobile insurance can cover the cost of injuries, damages, or lost wages from being in an accident.

Insurance coverage should pay for some or all of your medical expenses.

No-Fault Car Insurance

Florida is also a no-fault car insurance state. That means it favors reducing payment delays for injured drivers and limiting the use of the court system.

After a car accident, you need to file an insurance claim. You must file it under your own personal injury protection (PIP) coverage.

The claim produces compensation. It can cover bills related to receiving medical attention and other financial losses

regardless of who caused the crash.

If the other party is at fault, you can seek to sue them.

Personal Injury Protection (PIP) for Auto Insurance

In Florida, all owners of motor vehicles registered in the state must buy Personal Injury Protection (PIP) coverage.

PIP makes the individual for their own injuries regardless of fault.

Bodily Injury Coverage in Florida

Bodily injury coverage is optional in Florida. If you are in a car accident and the at-fault driver is an uninsured motorist, this is a significant problem. The same goes for if he or she has insufficient coverage.

You should have uninsured/underinsured motorist bodily injury coverage (UM) to protect you.

If you or a loved one sustain back injuries, broken bones, fractures, or other damages, and the at-fault party is uninsured, you need to be safe by having UM as a backup.

UM covers accident expenses, including medical bills and lost wages.

Alongside auto insurance, drivers should have UM to ensure each vehicle has coverage.

Seek the Assistance of an Attorney

To obtain a clear view of your potential case, consult with a personal injury lawyer. They will able to guide you through next steps after an accident and, if you enter legal proceedings, represent you in obtaining reparations. Keep in mind that plaintiff attorneys are not billed hourly and are only compensated when you win your case.

Attorneys Jeff Kaufman and Craig Lynd have over twenty years each of experience working with auto accident victims. Here at Kaufman & Lynd, we are fully prepared to demand rightful compensation for your injuries, damages, and pain.

Whether it be a motorcycle, truck, or car accident, we are here to help.

We know that insurance companies can give you a hard time. Let us take care of all communications, paperwork, and hassle—and get you the money you deserve.

Kaufman & Lynd will help:

  • Locate all insurance coverage and identify all defendants.
  • Deal with insurance companies so you don’t have to.
  • Gather police reports, medical records, lost wages, and all other documentation related to defending your case.
  • Stay on top of your medical care and document all of your damages.
  • Build your case to prove why the defendant was at fault.
  • Provide recommendations and expert advisory so you can make informed decisions about your case.

We promise direct communication and action. We will not allow you to fall into the pitfalls of the legal system.

Here at the law offices of Kaufman and Lynd we are devoted to ensuring our clients experience tailored, straightforward assistance throughout their personal injury case. If you or a loved one has recently been injured in an accident in the greater Orlando area, please do not hesitate to reach out to us here.


Determining Who Is at Fault

The laws on who is at fault vary depending on the vehicles involved. Most states give more protection to pedestrians and bicyclists, for instance,  as they are more vulnerable to injuries from a collision. The same goes for motorcyclists.

A motorcycle accident can cause serious injury to the ridewr, as they, too, are more vulnerable.

Commercial truck drivers often get professional training and certification to drive a truck. When a truck accident happens, determining who pays for damages can be more complicated.

Since trucks are often commercially owned, the liability may rest on two people. The driver and the truck owner.

Auto accident lawyers like Kaufman & Lynd will help you understand Florida's complicated vehicular accident laws.

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Main Office: 200 E. Robinson St. Suite #400, Orlando, Florida 32801. Attorney Jeffrey Kaufman, Licensed in Florida Disclaimer: the purpose of this site is to provide information about legal options, not to provide legal or professional advice. You should not assume that the information on this site applies to your case without consulting with an attorney first. Requesting an initial consultation does not create an attorney client relationship. The hiring of a lawyer is an important decision that should not be solely based on advertisement.

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