Car accident victims who have sustained severe and disabling injuries will likely require compensation beyond that which is awarded through insurance claims. At Morgan & Morgan’s Kissimmee office, our attorneys successfully handled thousands of vehicle crash cases, recovering substantial verdicts and settlements on behalf of their clients.
If you or a loved one has been injured in a crash, you may be entitled to compensation for your losses. To find out how an attorney may be able to help, please complete our case review form today, at no cost to you.
PIP Insurance and How It Affects You
Because of changes to Florida’s insurance regulations, you will only be able to file a personal injury lawsuit if your injury exceeds the threshold set by Florida law. Injuries meeting and/or exceeding this injury threshold include paralysis, brain damage, significant head trauma, permanent scarring or disfigurement. Lawsuits may also be pursued in the event of a fatal wreck.
What to Do Following a Crash
It is important to immediately seek medical attention, regardless of whether you believed you have been injured. Some injuries may not manifest immediately; however, a physician may be able to identify an accident-related injury that is likely to present symptoms in the future. After receiving a medical assessment, it is imperative to contact an attorney as soon as possible.
By immediately retaining legal counsel, you can provide your attorney with adequate time to investigate the wreck for signs of negligence, uncover possible causes of your injuries, and collect other evidence to support your claim. It is important that you do not discuss the crash or your injuries with anyone other than your attorney and physician.
Car Accident Lawsuit Process
Investigation: Your attorney and the insurance company for the at-fault party, most commonly another driver, will send analysts to investigate the scene and gather evidence supporting their clients’ claims. These investigations will be carried out immediately before crucial evidence of the automobile accident is destroyed, degraded, or lost.
Your attorney’s investigation may include:
- Analyzing police reports and photographs;
- Reviewing your medical evaluation report;
- Reconstructing the scene;
- Consulting medical and traffic experts;
- Requesting both party’s driving records;
- Analyzing road and weather conditions; and
- Gathering other evidence indicating the other party was negligent in causing the crash.
Creating a Claim: Following the investigation, your attorney will use the information he or she gathered to construct a claim, which will be the basis for your motor vehicle crash lawsuit. Your claim will state your injuries, request compensation for your losses, and highlight how the other party was negligent and therefore responsible for your losses.
Negotiations: Prior to formally filing your lawsuit, your attorney may engage in multiple negotiations in an attempt to reach a proper financial settlement. If negotiations are unsuccessful, your case will proceed to court.
Litigation: Should your lawsuit proceed to court, each party will have the opportunity to present their case, supporting evidence, and witness testimony to the judge and jury. After each party has presented their case and rebutted the opposing party’s allegations, the judge or jury will deliberate and hand down a verdict. This verdict will include which party was at-fault, and if you prevail, the amount of compensation you will recover.
Kissimmee Motorcycle Accidents
When a motorcyclist is hurt due to another’s negligence, he or she may be able to file a lawsuit seeking compensation for any resulting damages. A driver may be considered negligent if he or she fails to pay attention to his or her surroundings, turns left into the cyclist’s path, fails to yield or give the motorcyclist the right of way, or drives while distracted. In these cases, the victim or his or her loved ones may be able to recover compensation to cover extensive medical bills, pain and suffering, lost wages, and other related damages. Motorcyclists in Florida are not required to purchase PIP insurance and are thereby not bound by its restrictions.
Truck Crashes in Kissimmee
The Federal Motor Carrier Safety Administration created regulations that establish special rules regarding the operation and maintenance of trucks. Truck drivers and their employers are required to adhere to these federal laws, as well as local regulations for motor vehicles; failure to do so may open them to liability should an wreck occur.