Orlando Car Accident Lawyer

Contact our car accident lawyer in Orlando, attorney Moe DeWitt, if you or a loved one were injured in a crash. We can give your case an objective, individual review, and should you choose to hire us, we’ll get to work right away.

What to Do After a Car Accident in Orlando

If you have been involved in a car accident, there are certain steps you can take to ensure you have the evidence to build a strong case. These include the following:

• Take Pictures: These days, almost everyone has a cell phone. Use yours to take pictures of the accident from all angles.
• Get Contact Information of Witnesses: Witnesses may be able to provide testimony that will help your case.
• Get a Police Report: It’s essential that the police are called to the scene of the accident to take a police report. This report will also serve as a valuable piece of evidence.
• Seek Medical Care: Even if you think you are not badly injured, it’s a good idea to get medical care. Injuries might not seem obvious at first, but they can get worse over time. If you wait to get care, at-fault parties may try to say your injuries were not caused by the accident. That’s why it’s best to get checked out ASAP.

Why You Should Work With a Lawyer

Some people feel that they can handle their car accidents on their own. However, this is not always the best way to go. Here are some reasons why you will want to have a good lawyer on your side.

• Establishing At-Fault Parties: A lawyer will investigate your accident to determine at-fault parties identifying who to target for compensation. They will review evidence, police reports, and witness statements to get to the bottom of things.
• Filing a Claim: Filing a claim can be tricky, especially if the accident was caused by someone other than the driver of the other vehicle. A good lawyer will make sure to dot the I’s and cross the T’s and see to it that everything is handled in a timely manner.
• Proving Damages: In order to get the proper compensation, you will have to prove the full extent of your losses including mental and emotional damages. These damages can be difficult to put a monetary value on, but your lawyer will be able to come up with a number based on past experience. He will also be able to help you gather evidence to prove your other losses.
• Negotiating a Fair Settlement: Insurance companies are notorious for offering victims lowball settlements that do not fully cover damages. Your lawyer will negotiate with insurance companies and see to it that you get the compensation you deserve.
• Taking Your Claim to Court: In the event that your case ends up going to court, your lawyer will be by your side to represent you.

Most Common Types of Car Accidents

Car accidents can happen for any number of reasons. In most cases, they are caused by driver negligence. Drivers become distracted or do not obey the rules of the road and this sort of carelessness can result in a serious accident.

However, there are some instances when drivers are not responsible for accidents. For instance, there may be debris in the road. If the debris is due to construction, the city or the contractor may be responsible for damages.

In other situations, faulty car parts may cause an accident. If a car has unsafe components, this can cause dangerous driving conditions. In these instances, the car parts manufacturer may be at fault.

Common Types of Car Accident Injuries

There are many types of injuries that can occur as a result of a car accident. Some of the most common include:

• Paralysis
• Amputations
• Burns and scars
• Head injuries
• Spinal cord injuries
• Joint, muscle, back and bone injuries
• Knee injuries
• Whiplash

If you suffer any type of serious injury in a car accident, you may be eligible to be compensated for the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Mental anguish
• Loss of consortium
• Punitive damages
• Wrongful death

Uninsured and Underinsured Motorists

One problem victims may come across when trying to become compensated for injuries is uninsured and underinsured motorists. This is an especially big problem in Florida where the uninsured motorist rate lies at around 26.7%. Uninsured and underinsured drivers will not have enough insurance to cover damages leaving victims with limited options for compensation.

Another problem is low liability minimums. Drivers are only required to carry $10,000 in personal injury protection and $10,000 in the property insurance in order to drive. The insurance also only protects the driver of the insured vehicle and their passengers. Therefore, only those drivers and passengers would be eligible for bodily injury compensation.

Furthermore, underinsured and uninsured drivers tend to have little income or property to cover additional losses.

It is for this reason that many drivers choose to get uninsured or underinsured liability protection to cover additional damages. This will cover any damages uninsured or underinsured drivers are unable to cover themselves. It is common for one’s own insurance provider to deny or limit compensation, but the right attorney will see to it that you get the compensation you deserve.

Defective Cars

Sometimes, all drivers involved in an accident drove carefully. Instead, the accident happened because a part of the vehicle failed. Anyone injured might seek compensation from the person or entity responsible for the failed part.

For example, the other driver’s brakes could have suddenly failed to work properly, sending them into your back seat. If the brakes were manufactured defectively, then we might sue the manufacturer. If a mechanic failed to install brakes properly, then they are at fault.

However, a driver might have known the brakes were faulty but refused to make repairs. That is a type of negligence that makes the driver liable.

Let us investigate. Call our office quickly so we can inspect all vehicles involved in the wreck before they are repaired.

Mistakes Injured Victims Make after an Orlando Car Accident

Receiving fair compensation requires extensive preparation. And some victims will make a mistake, which undercuts their legal rights. Our firm encourages all car accident victims to avoid the following mistakes:

1.   Do not forget to call the police to report the accident. Florida law requires that you report an accident. A police officer can also find helpful evidence, especially if you suspect a driver is intoxicated.
2.   Avoid diagnosing your own injuries. Some people hop online and use the Mayo Clinic website or even Wikipedia to diagnose their injuries. That is a mistake. The defendant can argue that you are still feeling pain because you did not receive proper treatment.
3.   Do not apologize for the accident. An apology can be interpreted as an admission of fault. Instead, remain silent as the officer creates your accident report.
4.   Refuse to answer questions from the insurance companies. They might call you up and ask that you give a recorded statement. They are probably trying to gather information to use against you to prove fault or minimize your damages.
5.   Avoid accepting a settlement offer without showing it to a lawyer. Run any proposed settlement by an experienced Orlando car accident lawyer. Insurance companies almost always make lowball offers. Even if it seems generous, it is probably too low, and we can get more with a little negotiation.

You can avoid these errors by calling our office immediately after the accident. We can handle all paperwork and act as a gatekeeper so you are not bothered as you recover.

The Role of Comparative Negligence in Your Claim

Florida has recently changed its comparative negligence law. From March 24, 2023, the new law will bar any financial recovery if you were more than 50% at fault for the crash. That is a tough pill to swallow.

Suppose the other driver was speeding, but you were looking at your cell phone. You make a left-hand turn because you do not see the car approaching. In this situation, both drivers share fault. The speeding motorist should have been traveling more slowly. And you should have paid attention while making the turn.

If your share of fault is 50% or less, then your compensation is reduced accordingly. Someone 50% at fault will receive only half of what they otherwise would. Likewise, an injured motorist who is 25% at fault will receive only 75% of their damages at most.

Call our office quickly. Comparative negligence comes into play in many accidents. If you do not respond to the defendant’s allegations, you could lose out on a fair settlement.

Social Media and Your Car Accident Case

Many people live online. But posting about your accident on social media is a major mistake. It is possible to say something or post information that an insurer uses to deny your claim:

• You make comments that sound like you are responsible for the accident. Did you admit to being exhausted the day of your accident or when leaving a party? Those statements could show you are partially at fault.
• You post pictures of your travels after the accident. The defendant can argue you are certainly not injured if you left home to visit relatives in a different state or went on vacation with the kids.
• Your profile shows where you travel. Facebook will automatically check in users when they visit certain businesses. That is annoying. An insurance adjuster could see that you are leaving the house, even though you are not sharing this information voluntarily.

We recommend some simple steps. Set your profiles to private and stop adding friends, at least until your case is finished. You should also avoid posting anything about your accident or injuries, even when your profile is private. Some insurers ask a judge to permit them to view what you post.

Can You Receive Punitive Damages After a Car Accident?

Punitive damages are different from compensatory damages, like those listed above. Compensation for medical care and lost wages seeks to make you “whole” after the crash. But punitive damages are designed to punish the defendant.

Florida law limits when you can request punitive damages. The law requires solid proof that the defendant acted intentionally or with gross negligence. For example, the defendant might have been driving drunk when they crashed into you. Or they were in the grips of road rage and rammed your vehicle intentionally. These situations would support a request for punitive damages.

Let our office review whether to make a request. Punitive damages can increase what you take home, while deterring the defendant from committing these bad acts again. But we need clear and convincing evidence that they are warranted.

How Much Time Do You Have to Make a Claim?

Ideally, you should report your accident to your insurance company within 24 hours. Report basic information, including the name of the other driver and the date, time, and location. But that’s not the deadline for filing an injury claim.

The statute of limitations sets out the maximum time to file a lawsuit in court. Florida has shortened the window recently. For any accident after March 24, 2023, you get only two years to file. For accidents before that date, most defendants will have four years to file.

We strongly recommend contacting our office because you do not want to go past the deadline. A judge can dismiss your case, which you cannot file again. That would result in no compensation from a negligent driver.

Finding the Right Car Accident Lawyer

Getting the proper compensation for your car accident can be difficult and that’s why it’s so important to have the right attorney on your side. If you are looking for a lawyer in the Orlando area, trust the reputable team at JustCallMoe.

Our firm understands every case is different and they are dedicated to finding customized solutions tailored to their client’s needs. They have years of experience providing Florida with excellent legal representation. They are known for their aggressive representation and winning results.

If you were involved in an Orlando car accident, don’t let at-fault drivers get away with it. Call us at 866-225-5663 for the representation you need today.