- Practice Areas
- Personal Injury & Wrongful Death
- Motor Vehicle & Auto Accident Attorney
Motor Vehicle Accidents
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Motor vehicle accidents can be minor or serious, but no matter what they just take a moment. Even though they last a few seconds, the repercussions of one of these accidents can last a lifetime. Cases involving injuries or death due to automobiles are the most common types of personal injury cases handled by Draper Law Office. Over the years, our attorneys have become experts in a variety of cases, including car accidents, truck accidents, tractor trailer accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents.
If the motor vehicle accident you were involved with was caused by the negligent, reckless, or careless vehicle operation of another person
, Draper Law Office can help. We help both native Florida residents as well as out-of-state visitors to the Central Florida area. Our help with out-of-state cases can be especially helpful to visitors, as we understand the subtle differences in laws and the statues of limitations between Florida and other states.
The attorneys at Draper Law Office can help you in the recovery of property damage to your vehicle, as well as for medical bills, lost wages, and other related expenses. In the case of serious injury, you may also be entitled to damages for pain and suffering, physical impairment, scarring, disfigurement, and diminished capacity for the enjoyment of life.
If one of your loved ones unfortunately died as a result of an automobile accident, the survivors and estate may be entitled to recover damages for mental pain and suffering, loss of companionship, support, and services, as well as for any medical or funeral expenses that were incurred.
By contacting Draper Law Office today, you will find out exactly what you and your loved ones are entitled to after a motor vehicle accident in the Central Florida area. Our offices are conveniently located in Orlando, Kissimmee, and St. Cloud to better serve you.
For more information about your legal rights after an auto accident, call us now at 1-866-767-4711 or contact one of our motor vehicle attorneys through the online contact form
More About Florida Auto Accident Law
When a resident of Florida is involved in a car crash, there
are a number of laws in the state that impact resultant lawsuits and insurance
claims.We’ll take a look at several of
those state laws, which will include no-fault law, time requirement for filing
a case subsequent to an accident, and the state’s comparative fault rule.
Keep in mind that auto accident lawyers and insurance
companies view a trial in court as a risky last resort. In the majority of
cases, they’ll avoid having their case presented to a judge or to a jury. The
reason for this is rather straightforward. A jury can be very unpredictable and
swayed by things that make little sense. Another primary reason for this is
that seasoned auto accident attorneys, like the attorneys at Draper Law, and
auto insurance companies have a fairly good idea regarding the valuation of a
case involving injury. Therefore, in most instances they are able to come to an
equitable solution without a court case.
No-Fault State Law In Florida
One of the first things to be mindful of is the fact that
Florida is a no-fault state. In practical terms, this means that initially, you
will need to be compensated by your own insurance company for losses and/or
injuries that are caused by the accident. It does not matter who’s fault the
You are only able to go beyond the no-fault law and attempt
to make the other motorist liable for losses you have incurred in certain
instances. This would entail filing a claim with the other motorist’s insurance
provider or filing a personal injury suit against the other motorist. You will
only be able to do this for incidents in which a permanent injury results, or
you are permanently disfigured.
Statute Of Limitations In Florida Subsequent To An
This law sets a time limit for filing certain types of
lawsuits. For property damage and personal injury suits that result from an
accident, the time limit is 4 years.
Be aware, that under normal circumstances, you can’t file an
auto accident related lawsuit unless you have sustained an injury that is
deemed a “serious injury” that has resulted in permanent injury or
disfigurement. Nevertheless, if you have sustained a serious injury the four-year
clock starts ticking from the day of the accident. Subsequent to this four-year
time frame, your case may be barred from the courts, regardless of the strength
of your arguments.
Another consideration is that if your losses were sustained
in an incident that involved a government employee, or property owned by the
government, you will need to adhere to a different process. As an example, if a
city bus runs into your vehicle, you must file a “notice of claim” with the
city agency that is responsible for public transit, and to retain your rights,
you must do it very quickly, or your rights may not be preserved.
Comparative Fault In Florida
Your settlement options in Florida subsequent to an accident
are partially dependent upon the party who was at fault. If you file your case
in court, a judge might make a decision that both motorist share partial blame
for the accident. This will have an impact on any damages you may receive.
For Florida auto accidents, there is a rule called, pure comparative
fault. Under this rule, the damages you receive will be reduced by the
percentage you are at fault. For instance, a jury may make a decision that you
should receive $200,000 in damages. If they also make a decision that you are
30% at fault, then your damages would be reduced by 30% or in this case
$60,000, so the total damages you would be entitled to would by $200,000 -
$60,000 or $140,000. The damages you receive are reduce by an amount that is
equal to your percent of fault for the accident. Even if you were deemed
responsible for more than fifty percent of the accident, meaning most of the
fault was your own, this rule is still in effect. For example, if you were
deemed to by 70% at fault, then in the above example you would be entitled to
damages for the remaining 30% or $200,000 X 30% which equals $60,000.It doesn’t work this way in every state that
has a comparative negligence law. In some states, such as
Georgia, if it is decided that you are more than 50% at fault, you would not be
able to receive any damages whatsoever.
Auto Insurance Requirements In Florida
Under Florida law, drivers are mandated to have a certain
amount of auto insurance. This can have an impact upon the amount of their
settlement, should an accident occur.
What amount and type of auto insurance is mandated by
Florida?To register a vehicle in
Florida you will need the following insurance at a minimum.
- No Fault PIP (Personal Injury Protection) -
- PDL (Property Damage Liability)- $10,000
The PDL comes into play if your actions resulted in damages
to the property or vehicle of another person in an accident.
Florida differs from most other states in the U.S. since it
doesn’t mandate liability for bodily injury or BIL. BIL pays the expenses for
injuries associated with another driver and/or passengers, if you are deemed at
fault for an accident. You must buy insurance from and insurer that the state
of Florida has licensed. It is illegal to drive in Florida with no insurance,
and a driver’s license may be suspended if someone drives without the required
insurance. The uninsured driver is likely to be fined $500 and then prove they
have insured each vehicle they own in the state, in order to get their driver’s