Car accidents only last a few seconds, but the consequences can last a whole lifetime. You should be able to get compensated if you get injured in a car accident in Kissimmee.
At Winters and Yonker, our Kissimmee car accident lawyers have a lot of experience handling all types of auto accidents throughout Florida, and an excellent success rate in recovering all kinds of damages for our clients. If you would like to hear more about what we have to offer, call our Kissimmee injury firm at (888) 373-7770.
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How Much Does A Car Accident Lawyer Cost?
Like all other personal injury lawyers, a Kissimmee car accident lawyer works under a contingency payment plan. This means that the client will not have to pay any out-of-pocket or upfront fees, and the lawyer will cover your case’s expenses. You will pay the law firm a percentage of your compensation if they manage to recover a settlement for you.
What Should I Do After A Car Crash?
Following a car crash in Kissimmee, Florida, there are several steps you should take to protect your interests. First of all, you should not leave the scene of the accident. This should go without saying, but some motorists may decide to flee from a car crash site or leave out of ignorance and arrogance. You should proceed with the following steps after an auto accident:
Following a car accident, however big or small, you should call law enforcement to report the crash and the circumstances surrounding it. Florida’s traffic laws require you to call the police if the accident causes serious injuries and property damage. The responding officers will make a police report which will include the information you give them.
As you wait for the responding officers to get to the crash scene, exchange information with the other motorists, passengers, and bystanders who were involved or witnessed the crash. Make sure you get their full names and other contact information like their phone numbers, addresses, and license plate numbers. Ensure you also get the vehicle model information and, above all, their insurance information.
Document the Scene
After obtaining all the required information, you should document the crash site by taking close-up photographs of the damaged vehicles and the injuries and videos. Collect as much evidence as you can because every tiny bit of evidence may come in handy when you file your lawsuit.
Never Admit Fault
Do not talk to the other motorists about the crash. You should not even apologize or take accountability. Your words or statements regarding the crash can (and probably will) be used against you by the other involved parties. Ensure that you remain neutral until your case is concluded.
Seek Medical Attention
In 2018, FLHSMV recorded 6,608 car crashes which resulted in 6,046 injuries and 66 fatalities in Osceola, Kissimmee’s home county. These statistics indicate that most people get injured in car crashes in Kissimmee. You should see a doctor or visit the nearest ER immediately and get checked, particularly for head and internal injuries. Remember to document your injuries and treatment and to get a copy of your medical report.
Call a Car Accident Lawyer
Finally, speak to a car accident attorney in Florida. They will advise you on how to handle the situations following the accident, including what to say to your insurance company to secure your interests.
A Winters and Yonker attorney in Kissimmee can deal with your case as you concentrate on recuperating from the crash.
When Should I Get A Kissimme Car Accident Lawyer For My Claim?
After a vehicle accident in Kissimmee, FL, do not hesitate to hire a car accident lawyer because insurance companies and their attorneys will not hesitate to begin their assessment of your car accident claim. By hiring a Winters and Yonker car crash lawyer right away, you will be leveling the playing field.
Why Do I Need An Attorney For My Auto Accident Claim?
Much work goes into building a solid claim after an auto accident. A knowledgeable, skilled, caring, and experienced lawyer will be able to build a strong case, negotiate fair and reasonable compensation, and go to trial if worst comes to worst. Without a credible attorney by your side, your chances of recovering a fair settlement or any compensation at all are minimal. This is how an attorney can help with your motor vehicle accident claim:
You need an experienced auto accident injury attorney to help you with case preparations. Case preparations mean investigating the circumstances that lead to the crash to determine the at-fault parties. Your attorney and the at-fault party’s insurer will send analysts and experts to investigate the crash site and collect evidence. These investigations are done immediately before vital evidence is lost or destroyed. Your lawyer’s investigation may include:
- Assessing police reports and
- Analyzing photographic and video evidence.
- Evaluating your medical report
- Scene reconstruction
- Consulting experts in the medical and traffic fields
- Requesting both party’s driving records
- Analyzing road and weather conditions
- Gathering any other evidence showing the other party’s negligence leading up to the crash
Filing a Lawsuit
After the investigations, your lawyer will use all the information he/she collected to build your claim. Your car accident lawsuit will be based on your claim. Your claim will:
- State your injuries
- Ask for compensation for your damages
- Point out how the at-fault party was negligent and, therefore, culpable for your damages.
Before your lawyer formally files your lawsuit, he/she may participate in a series of negotiations in a bid to reach a reasonable financial settlement. If the negotiations fall through, your case will go to trial.
Trial preparation and Representation
Your attorney will provide representation in the court should your lawsuit go to trial. Every side will be given a chance to present their case, all available evidence, and testimonies from witnesses to the court. After every side has presented their case, the judge or jury will carefully discuss their decisions and deliver a verdict. The final verdict will establish who was at fault and the compensation the winner will recover.
How Much Compensation Can I Get After A Car Accident In Florida?
Some motor vehicle accident victims make the mistake of accepting exploitative settlements without finding out their claims’ actual worth. Your claim’s worth is based on the aftermath and the circumstances leading up to your accident. The actual value of your settlement will depend on but not limited to by:
- How much the accident affected your life
- Which party is liable or at-fault
- The nature of the crash
- The type and extent of injuries
- The amount of property and vehicle damage
A Winters and Yonker car accident attorney will work with claims valuation experts to determine how much compensation you can get.
What Types Of Damages Can I Obtain In Florida?
After sustaining injuries in a Florida car accident, there are different types of damages that you stand to recover. The types and value of damages that you may be able to recover are hinged on the extent of injuries you suffered and other losses. The following damages are obtainable in a car accident claim in Florida:
Economic damages are compensatory damages designed to reimburse the victim for all the financial costs/losses related to the crash. They include:
- Current and future medical costs including hospital stays, ambulance costs, prosthetic devices, medication, medical appointments, surgeries, costs of physical and mental therapy
- Lost income
- Future lost wages
- Loss of earning capacity
- Lost benefits, e.g., Retirement benefits, health benefits, and other work-related benefits
- Vehicle repair costs
These types of damages seek to reimburse or rather compensate the victim for all non-financial damages caused by the crash.
These types of damages include:
- Pain & suffering
- Mental distress
- Loss of consortium, e.g., loss of relationship with the injured person
- Loss of quality of Life
A victim can also be awarded punitive damages if the court establishes that the at-fault party’s negligence or wrongful actions were extreme. These types of damage are meant to punish the at-fault driver and deter them from engaging in similar acts in the future.
How Is Fault Determined For Car Accident Claims In Florida?
When a Kissimmee resident is involved in an automobile accident, specific laws dictate how fault is determined, which in turn impacts the resulting insurance claims and lawsuits.
No-Fault Insurance Law In Florida
First of all, you should remember that Florida is a no-fault state which uses PIP (personal injury protection) insurance to protect car crash victims. This means that after a car accident in Kissimmee, Florida, your own insurer will compensate you for damages and injuries no matter who was at fault.
However, The “no-fault” insurance law has notable exceptions. Suppose the crash resulted in a permanent injury or disfigurement. In that case, you could sue the other motorist by filing a claim with his/her insurance provider or filing a personal injury claim.
Comparative Fault Or Negligence In Florida
Under Florida’s comparative fault rule, a judge might decide that both drivers are partly responsible for the accident. This will affect any damages you may recover. Your percentage of shared fault will determine the amount to be reduced in the damages you receive. For example, if a judge or a jury decides that you receive $100,000 in damages and you are 20% at fault, then your compensation will be reduced by 20% or $20,000 in this case. So, you would be entitled to $100,000 – $20,000 or $80,000.
How Long Do I Have To File A Claim In Kissimmee, FL?
The statute of limitations in Florida for car accident claims is four years from the day the accident occurred. The victim’s right to pursue compensation expires after four years. If you lodge your lawsuit after the statute of limitations has expired, your claim will be denied. Talk to a Winters and Yonker attorney to know about the important deadlines you should meet.
Following a car accident that injured you, you should be able to hold the at-fault party responsible and get compensation for your damages.
If you are considering taking legal action after a car accident or not sure if you have a case, our caring and qualified personal injury lawyers can help. Call (888) 373-7770 today to speak with Kissimmee car accident attorneys at Winters and Yonker for free.