Hurt in a Traffic Crash in Oviedo? Contact Us Today for a Free Case Review
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Orlando car accident lawyers fight aggressively to protect the your rights and your families. Insurance companies must be held accountable. With more than $1 billion in settlements and judgments obtained on behalf of clients, we are always prepared to go the extra mile. Contact us today to arrange a free, completely confidential consultation with an experienced Oviedo car accident lawyer.
What to Do After a Car Accident in Oviedo, Florida
If you were involved in a crash in Oviedo or elsewhere in the wider region in Seminole County, it is imperative that you know what to do to protect yourself. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we want to make sure that injured victims have the knowledge and resources that they need. Here are five steps to take after a traffic collision in Oviedo:
- Halt Your Car and Exchange Relevant Information: Florida law is clear: All motorists involved in a crash have a legal responsibility to stop their vehicle and stay at the scene unless there is a medical emergency. You should exchange details with other parties in the crash, including name, driver’s license number, phone number, and insurance info.
- Get Immediate Medical Care from a Physician: It is not uncommon for car crash injuries to arise with a delayed onset. Indeed, an injured motorist may often feel “not that bad” immediately after a crash, only to feel far worse a few days later. See a doctor right away. It is a required thing to be eligible to bring a legal claim in Florida.
- Document the Oviedo Motor Vehicle Crash: To the best of your ability, try to document automobile wreck in Oviedo. First, take as many pictures of the scene—and crash damage—as possible. Next, get the contact info for anyone who says the accident. Finally, write down your account of events while it is still fresh in your mind.
- Notify Your Insurance Company of the Collision: As Florida is a no-fault motor vehicle accident jurisdiction, all drivers involved in an accident should be sure to notify their own insurance provider. Your policy almost certainly mandates that you tell your insurance company right away. Be proactive.
- Speak to an Oviedo, FL Car Accident Attorney: You cannot depend on any insurance company to look out for your best interests after a collision. The best step that you can take to protect your legal rights and financial interests is to consult with an experienced Oviedo personal injury lawyer right away after a collision.
Florida’s No-Fault Liability Standard Applies to Car Crashes
One of the most important things to understand about car accident injury claims in Oviedo is how the no-fault standard of liability applies. Florida Highway Safety and Motor Vehicles (FLHSMV) emphasizes that our state uses a no-fault system for minor and moderate car accidents. Here are the key things you need to know about the legal process:
- You Must Obtain $10,000 in PIP Coverage: In Florida, all drivers are required to carry Personal Injury Protection (PIP) insurance with a minimum coverage of $10,000. State-mandated PIP coverage is designed to cover an injured victim’s initial medical expenses and lost wages after car accidents. It does not matter who is at fault for the auto accident.
- Your Initial Claim is a No-Fault Claim: Fault is not always a relevant issue in car accident injuries in Florida. With many minor or moderate injuries, the sole claim may be a no-fault claim. Under Florida law, your initial car accident claim must be filed with your own insurance company.
- A 14-Day Rule Applies (See a Doctor): Florida’s no-fault law includes a critical 14-day rule, which requires car accident victims to seek medical attention within two weeks of the car crash. If you fail to see a doctor within this 14-day window, you risk losing your eligibility to receive PIP benefits.
You Can Step Outside of the No-Fault System After Suffering Serious Injuries
While the no-fault insurance system is designed to make the process of getting medical care and compensation after a car crash more efficient, there are circumstances under which you can step outside this system and seek compensation for the full extent of your damages from the at-fault party. Your right to do so is essential when the car accident injuries you sustained are severe—as your damages may far surpass what PIP coverage can address. When an injury meets or exceeds the serious injury threshold, car accident victims may pursue a claim against the at-fault driver. Here is how Florida state law defines a “serious injury”:
- Serious Injury Threshold: Florida law defines the serious injury threshold as involving significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
If your injuries qualify as serious under this threshold, you are allowed to file a car accident lawsuit or liability claim against the driver who caused the car crash. It opens the door to a path to getting additional financial compensation, including for pain and suffering. Not sure if your injury qualifies as “serious” for the purposes of Florida law? We can help. Contact our Oviedo, FL car accident lawyers for a free, no-obligation review of your case.
Florida is a Modified Comparative Negligence State
Under Florida law (Florida Statutes § 768.81), a modified comparative fault system is used to apportion liability for fault-based personal injury claims, including auto accidents. You can still recover compensation for your damages through a car accident lawsuit after suffering serious injuries, even if you bear some responsibility for causing your own crash—so long as your degree of fault does not exceed 50 percent. However, your compensation will be reduced proportionately.
Here is an example of how the law works: Imagine you suffered traumatic brain injuries in a crash in Oviedo. Your total damages are $150,000. You sue another driver for negligence. However, an investigation reveals that you are 20 percent to blame for your own crash due to speeding. Under Florida’s comparative negligence system, you would bear liability for 20 percent of your own damages ($30,000).
A Two-Year Statute of Limitations
Under Florida law (Florida Statutes § 95.11), there is a two-year statute of limitations for fault-based car accident claims. The deadline begins on the date of the car crash. Missing it can bar victims from recovering compensation for their injuries. There are only very narrow exceptions to Florida’s car accident injury statute of limitations. Do not fall behind in the claims process: Speak to an Oviedo, FL car accident attorney.
Recovering Compensation after a Traffic Crash in Oviedo
Following a serious car crash in Oviedo or elsewhere in Seminole County, you may be wondering: How much can I expect to recover through a car accident lawsuit? In Florida, car accident victims may be able to seek compensation for both their economic costs and their non-economic damages. Our Oviedo, FL auto accident attorneys fight for our clients’ best possible settlement. Along with other things, you may be able to recover compensation for:
- Vehicle repairs;
- Emergency room care;
- Hospital bills;
- Medical expenses;
- Prescription drugs;
- Medical equipment;
- Physical therapy;
- Lost wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability;
- Lower quality of life; and
- Wrongful Death.
Why Injured Victims in Oviedo Can Trust Dolan Dobrinsky Rosenblum Bluestein
Car accident injury cases can be challenging. Dolan Dobrinsky Rosenblum Bluestein, LLP is a boutique personal injury firm that is committed to protecting the legal rights and financial interests of car accident victims. We hold big insurance companies accountable. Here are some of the key reasons why you can depend on our Orlando car accident lawyers
- We Have Car Accident Injury Expertise: Florida’s car accident injury laws are complicated. After a major car crash in Oviedo, you need a lawyer you can count on to help you move through the nuances of the legal claims process. Our Orlando car accident attorneys bring decades of specialized experience to the table.
- Our Attorneys Provide Personalized Advocacy: We believe that effective legal representation is inherently personalized. Our client reviews tell the story. Our Oviedo car accident attorneys are always prepared to invest time and resources into every case we take on.
- We Have Obtained More Than $1 Billion for Victims: We have a proven record of successful case results in complex claims. Surpassing $1 billion in settlements and judgments on behalf of injured victims and their families, we have delivered six, seven, and even eight-figure recoveries for clients.
Contact our Orlando car accident lawyers today if you’ve been injured in a car accident. We are here to help car accident victims recover the compensation they deserve.
Oviedo Car Crash Claims: Frequently Asked Questions (FAQs)
When Should I Speak to an Oviedo Car Accident Attorney?
As soon as possible after a serious traffic collision. You need an experienced Oviedo, FL personal injury lawyer—and time is of the essence. An attorney can help to ensure that all relevant evidence is preserved and that you are not manipulated by insurance companies looking to undercut your compensation. Your attorney will aggressively defend your rights from the start.
How Do No-Fault Car Accident Laws Work in Florida?
Florida’s no-fault laws mandate that every motorist carries Personal Injury Protection (PIP) insurance, which covers medical bills and lost wages regardless of who caused the accident. You must first seek compensation from your own insurance—which can still be a confrontational process as insurers often attempt to minimize payouts. However, in severe cases, you can step outside this no-fault framework to seek damages from the at-fault driver.
What is Comparative Negligence?
Florida is a modified comparative negligence jurisdiction. How does the system work? If you are partially responsible for the accident, your compensation will be reduced by your percentage of fault. For example, imagine you were involved in a crash at an intersection in Oviedo. If you sustained $40,000 in damages, but were held 25 percent liable, you would only be able to recover compensation for $30,000. You would bear liability for 25 percent ($10,000) of your damages.
How Can a Demand Letter Move Settlement Negotiations Forward?
A well-crafted demand letter is a powerful tool in your legal arsenal. You can use it to clearly lay out the facts of the case—detailing the defendant’s liability, your injuries, and your damages. Indeed, a demand letter should include a specific settlement demand. Why is it such a great tool for personal injury claims in Florida? It puts the insurance company on notice that you are prepared to fight for what you deserve and can jumpstart settlement negotiations.
Are there Any Exceptions to the Statute of Limitations in Florida?
Yes—but they are relatively narrow. Most car accident claims are held to a two-year statute of limitations. With that being said, if the victim is a minor or if the defendant leaves the state, the clock may be paused. When possible, you should always bring a claim before the two-year personal injury statute of limitations expires.
We Represent Injured Car Crash Victims in Oviedo, FL On Contingency
Our firm represents car accident victims in Oviedo without charging any upfront costs, hourly bills, or other out-of-pocket expenses. The process is clear: With Dolan Dobrinsky Rosenblum Bluestein, LLP, you only pay legal fees when you recover compensation. Our interests are fully aligned with your best interests. Your initial consultation with a top-tier Oviedo auto accident attorney is free, confidential, and carries zero additional obligations on your part.
Set Up a Free Consultation With Our Oviedo Car Crash Lawyer Today
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Oviedo automobile accident attorney has the professional expertise that you can trust. If you or your loved one was hurt in a serious crash, we are here as legal resources. Contact our personal team today for a free initial case evaluation. We handle motor vehicle accident claims in Oviedo, Seminole County, and all across Central Florida.