Car accidents are an unfortunate reality for drivers across Florida, and the aftermath often leaves victims grappling with injuries, property damage, and emotional trauma. One pressing question for many is, “Can I sue after a car accident in Florida?” Understanding your legal options and rights is essential for securing the compensation you deserve.

When and How Can I Sue After a Car Accident in Orlando Florida

Car accidents are an unfortunate reality for drivers in Orlando, Florida, and the aftermath often leaves victims grappling with injuries, property damage, and emotional trauma. One pressing question for many is, “Can I sue after a car accident in Orlando Florida?” Understanding your legal options and rights is essential for securing the compensation you deserve.

At Paul | Knopf | Bigger, we specialize in helping car accident victims navigate the complexities of Florida’s legal system. If you’ve been injured due to someone else’s negligence, we’re here to help. Call us today at (800) 434-4327 or complete our free case evaluation form to start building your case.

Florida operates under a no-fault insurance system, which means that after a car accident, your Personal Injury Protection (PIP) coverage is your first source of compensation. This system is designed to cover medical expenses and lost wages, regardless of who was at fault. However, there are circumstances where you can step outside this no-fault system and sue the at-fault driver.

Understanding Florida’s Car Accident Laws

Florida operates under a no-fault insurance system, which means that after a car accident, your Personal Injury Protection (PIP) coverage is your first source of compensation. This system is designed to cover medical expenses and lost wages, regardless of who was at fault. However, there are circumstances where you can step outside this no-fault system and sue the at-fault driver.

When Can I Sue After a Car Accident in Orlando Florida?

You may be eligible to file a lawsuit if you meet the serious injury threshold defined under Florida law. This threshold includes:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability
  • Significant and permanent scarring or disfigurement
  • Death

If your injuries meet this criteria, you can file a claim against the at-fault driver to recover damages beyond what PIP covers, including pain and suffering, emotional distress, and future medical expenses.

Steps to Take After a Car Accident in Orlando Florida

After an accident, your actions can significantly impact your ability to pursue legal action. Here’s a step-by-step guide to protect your rights:

1. Seek Immediate Medical Attention

Even if you feel fine, it’s critical to see a doctor promptly. Some injuries, like whiplash or internal damage, may not show symptoms immediately. Medical records will also serve as vital evidence if you decide to sue.

2. Report the Accident

Under Florida law, you are required to report accidents involving injury, death, or property damage exceeding $500. Contact local law enforcement to file an official report.

3. Gather Evidence

Collect as much evidence as possible at the scene, including:

  • Photos of the vehicles, injuries, and surrounding area
  • Contact information of witnesses
  • The other driver’s insurance and license details

4. Notify Your Insurance Company

Inform your insurer of the accident promptly to ensure compliance with policy requirements.

5. Consult an Experienced Car Accident Attorney

Determining whether you can sue after a car accident in Florida requires expert legal guidance. At Paul | Knopf | Bigger, an Orlando car accident lawyer will evaluate your case and advise you on the best course of action.

When you file a lawsuit, you may be entitled to recover various types of damages, including:

What Damages Can You Recover in an Orlando Car Accident Lawsuit?

When you file a lawsuit, you may be entitled to recover various types of damages, including:

Economic Damages

  • Medical bills (past and future)
  • Lost wages and diminished earning capacity
  • Property damage

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Punitive Damages

In cases of gross negligence or reckless behavior, the court may award punitive damages to punish the at-fault party and deter similar actions.

Common Challenges in Orlando, Florida Car Accident Cases

1. Comparative Negligence

Florida follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for the accident. For example, if you’re deemed 20% responsible, your damages will be reduced by that percentage.

2. Dealing with Insurance Companies

Insurance companies often attempt to minimize payouts. They may dispute the severity of your injuries or argue that you were partially at fault. Having an experienced attorney by your side ensures that your rights are protected.

3. Statute of Limitations

In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can bar you from seeking compensation, so it’s essential to act quickly.

David Paul | Andrew Knopf | Brent Bigger of Paul | Knopf | Bigger - Offices in Orlando and Tampa, Florida

Why Choose Paul | Knopf | Bigger?

At Paul | Knopf | Bigger, we have a proven track record of fighting for car accident victims across Florida. With offices in Orland, Florida, and a reach throughout the state, our team has:

  • Over 20 years of experience handling complex personal injury cases
  • A deep understanding of Florida’s car accident laws
  • A commitment to securing maximum compensation for our clients

We’ve taken on Fortune 500 companies and insurance giants, winning significant verdicts and settlements. Let us put our expertise to work for you.

How to Get Started

If you’re asking, “Can I sue after a car accident in Orlando Florida?”, the answer depends on the unique circumstances of your case. Don’t wait to take action—your future may depend on it. Contact Paul | Knopf | Bigger today by calling (800) 434-4327 or completing our free case evaluation form. Let us help you secure the justice and compensation you deserve.

Sources:

  • Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
    This source provides official data and guidelines on car accidents, insurance requirements, and driver responsibilities in Florida.
    Visit the FLHSMV website
  • National Highway Traffic Safety Administration (NHTSA)
    The NHTSA offers detailed information on motor vehicle safety, accident statistics, and injury prevention strategies.
    Visit the NHTSA website
  • Centers for Disease Control and Prevention (CDC) – Motor Vehicle Safety
    The CDC provides in-depth research and resources on motor vehicle injuries and safety measures to reduce accident-related fatalities and injuries.
    Visit the CDC Motor Vehicle Safety page