Car Accident Litigation Lawyer in Lakeland

Fighting to Help Our Clients Secure Maximum Compensation

The average person encounters numerous stressors throughout their daily lives. That being the case, the last thing we need is more stress laid at our feet. Unfortunately, when others act negligently or commit wrongful acts, many individuals are left to deal with unforeseen events that suddenly impact their lives.

Even a simple action by an unsafe driver can upend your life, leaving you injured and financially devastated. Even if you have health insurance, you most likely will be forced to pay for unexpected medical bills and other accident-related damages. Furthermore, depending on the severity of the car crash, you may have to remain off work while you try to recover from your injuries.

Suppose you or a loved one have been injured in such an incident. In that case, a car accident litigation lawyer may be able to assist you with filing a claim to try and recover financial compensation.

When you come to DeMichael Law for help, you will work with a Florida personal injury attorney who is committed to securing a favorable outcome on your behalf. We fight to ensure our clients get every penny they deserve. We will fight to help you obtain a settlement covering your medical bills, lost wages, future therapy costs, and more.

It is important to remember that an insurance company does not always have your best interests in mind. Insurers are typically more concerned about protecting their financial interests. If you have been injured in a collision, contact our Lakeland car accident attorney today to schedule your free consultation so we may evaluate your case.

Why Do I Need to Hire a Car Accident Lawyer?

Many car accident victims initially hesitate to hire a lawyer to help them file a claim because they mistakenly believe that legal fees are too expensive. However, many injured victims quickly discover that the claims process can be overly complex and requires the help of a skilled car accident attorney.

Some of the most significant benefits of hiring a car accident lawyer include:

Professional legal advice: A Lakeland car accident lawyer can evaluate your case to determine appropriate legal strategies
Assist with filing legal paperwork: Your lawyer can assist you with filling out confusing legal paperwork and ensure that all deadlines are met
Gather evidence: An attorney has the financial and legal resources to gather crucial information such as medical records, police reports, and witness statements that will substantiate your claim
Negotiate with the insurance company: An accident attorney has the skills needed to negotiate with the insurance company to help you obtain maximum compensation for your injuries and other damages
Courtroom representation: If negotiations with the insurance company fail, your attorney can take the case to court, where it will be decided by a judge and jury

When you come to DeMichael Law for help after being injured in a car accident, we will work diligently to help you recover total compensation that will cover the costs of medical expenses, lost wages, and emotional trauma. Our law firm also recognizes that car accident victims need time to rest and recover from their injuries. Our Lakeland car accident lawyer will work closely with the insurance company on your behalf so you can focus on your recovery.

Contact our Polk County law firm today to schedule a free case evaluation and learn more about our legal services.

What Should I Do to Protect My Legal Rights if I Have Been Involved in a Car Accident?

If you have been involved in a car accident, there are several critical steps that you must follow to safeguard your health and ensure your legal rights are protected. Insurance companies have legal teams who look for ways to pay less than claims are worth.

Under Florida law, car accident injury victims have up to 14 days from the crash date to seek medical attention. If you have been involved in a car accident, it is always wise to have a qualified medical professional examine you, even if you do not believe you have been injured. All too often, accident victims suffer internal injuries that do not always immediately manifest themselves. Failure to seek immediate medical attention could result in life-threatening consequences.

Immediately after the crash occurs, there are several other steps you can take that will help you should you decide to file an accident claim, which include:

Exchange insurance and driver’s license information with the other driver
Gather evidence by taking numerous photos and videos of the accident scene, including damage to both vehicles, skid marks, and weather and road conditions
Obtain the names and contact information of bystanders who witnessed the accident
Do not post pictures or information about the accident on social media
Contact a qualified car accident lawyer who can advise you of your legal rights and help you file a claim and

If you or a loved one have been injured in a car accident in Lakeland, contact DeMichael Law today and ask to schedule a free consultation so we may discuss your legal options.

What are the Most Commonly Reported Car Accident Injuries?

Various factors play a significant role in the severity of car accident injuries, including vehicle safety features, the speed at which both vehicles were traveling, and road and weather conditions. However, several car accident injuries are reported more frequently than others.

Some of the most common Florida car accident injuries include:

Head, neck, and back injuries
Soft tissue injuries, including whiplash
Broken or fractured bones
Cuts, bruises, and lacerations
Internal injuries
Chest injuries
Burns

Car accident injuries can take significant time to heal, leaving injured victims unable to work. However, sadly, some accident victims suffer catastrophic injuries that can leave them permanently disabled and in lifelong need of skilled nursing care.

Catastrophic injuries may include:

Traumatic brain injuries
Spinal cord injuries
Organ loss
Blindness
Loss of reproductive organs
Amputations
Severe burns

If you have suffered serious injuries in an auto accident, seek medical attention immediately and then contact a personal injury attorney who will help you file an injury claim. Our Lakeland car accident lawyer has extensive experience and fights to help clients recover the fair compensation they deserve.

Why Do Most Lakeland Car Accidents Occur?

Although auto accidents can occur for various reasons, one of the most prevalent factors contributing to collisions is distracted driving. Most newer model vehicles have GPS and entertainment systems that easily distract drivers. Other factors contributing to distracted driving include the driver eating or paying attention to passengers.

However, accident studies have determined that drivers paying attention to their cell phones rather than the road is the riskiest behavior related to distracted driving. Even if a driver diverts their eyes for a split second from the roadway, the chances of being involved in a car crash significantly increase. The most common car accidents attributed to cell phone use include rear-end collisions, lane departure, and swerving accidents.

Other factors that lead to car accidents include:

Speeding
Drunk driving
Reckless driving
Driver fatigue
Failure to obey traffic laws
Adverse road or weather conditions
Failure to perform routine vehicle maintenance

If you are the victim of driver negligence, contact DeMichael Law immediately. Our car accident lawyer in Lakeland will gladly review your case to determine what legal options are available.

Am I Entitled to Financial Compensation After a Car Wreck?

When a person is involved in a car accident, they will typically suffer various damages. However, just because someone is injured in a Lakeland auto accident does not mean they are automatically entitled to recover compensation.

For example, a person who injures themselves by texting and driving will likely have little to no recourse to try and pursue compensation from any other party. However, compensation may be possible if you were harmed due to driver negligence or the wrongful acts of others.

If you are trying to recover compensation for a car accident case, four legal elements must exist, which include:

Duty of care: A duty of care must be established, which is relatively easy in car accident cases. Every driver on the road has a duty to act safely behind the wheel
Breach of duty of care: For an injury victim to be entitled to compensation, a violation of duty must occur. For instance, a driver running a red light has violated their duty of care
Causation: The injured party must demonstrate that the defendant’s breach of duty directly caused their injuries
Damages: To recover financial compensation, the plaintiff must prove they suffered damages due to the defendant’s negligence. Damages may include personal injuries or property damage

The important thing to remember is that these legal elements only need to be established if you go to court after filing a car accident lawsuit. A skilled Lakeland car accident litigation attorney will gather evidence to prove that a breach of duty of care has occurred.

However, your lawyer can also negotiate a fair settlement with the liable party’s insurer by showing that these elements will likely be proven at trial. Having an experienced attorney who will act as your legal advocate is one of the many reasons why it is vital for personal injury victims to seek legal representation.

What Damages Could I Receive After Being Injured in a Car Accident?

When someone is injured due to another party’s negligent or wrongful acts, they may be entitled to pursue compensation. Florida law allows car accident victims to try and recover compensation for economic and non-economic damages.

However, the type of financial compensation they may recover depends on the damages they suffered in the auto collision. Remember that not all car accident victims are entitled to all these forms of compensation, particularly punitive damages. However, knowing your options is important.

Economic Damages

Economic damages are awarded to reimburse injured victims for their out-of-pocket expenses. For example, past and future medical treatment costs are considered a financial loss. Other economic damages may include:

Lost wages
Loss of earning potential
Property damage

Additionally, you may recover compensation that will pay for ongoing medical care, such as physical therapy or rehabilitation.

Non-Economic Damages

Non-economic damages compensate accident victims for non-financial losses. Common examples of non-economic damages include:

Pain and suffering
Emotional distress
Loss of enjoyment in life
Permanent disfigurement and scarring

Punitive Damages

Punitive damages are rare in Florida car accident cases. The court only awarded punitive damages to punish liable parties rather than reimburse personal injury victims. Florida law dictates that punitive damages must be capped at $500,000 or three times the compensatory award.

Contact our accident lawyer in Lakeland, FL, today to schedule a free consultation to learn what damages you may be entitled to recover in a car accident claim and how we can help.

Whose Insurance Company Pays For Auto Accident Claims in Florida?

Florida is a “no-fault” state when it comes to paying car insurance claims. No-fault laws dictate that each driver’s Personal Injury Protection (PIP) insurance pays for their injuries, including related medical expenses.

Property damage claims are handled differently and are based on a more traditional system in which the at-fault driver’s insurance company pays for the other motorist’s damages.

An injury victim can still receive compensation even if they contributed to their accident. Nevertheless, whether a person is entitled to recover damages will depend entirely upon the circumstances of their case. Florida insurance law also follows a modified comparative negligence doctrine.

Under the modified comparative negligence law, anyone deemed to have contributed to causing an accident will have their damages reduced by the percentage of fault they share in the case. For example, if an individual is awarded $50,000 in compensation but found to be 20% at fault for an accident, they will only receive $40,000. However, if it is determined that a person is over 50% at fault for an accident, they will not be entitled to recover compensation.

You must never make assumptions regarding fault in a car accident. If you have injuries sustained in a car accident, you must hire an attorney who will fight to protect your right to try and recover fair compensation. Insurance companies often try to blame accident victims to try and avoid paying claims.

Allow our experienced legal professional to review your case and help you understand what legal strategies can help you obtain favorable results. Contact our car accident litigation lawyer at DeMichael Law today to learn more.

Why Should I Allow a Car Accident Lawyer to Talk to the Other Driver’s Insurance Company?

The other driver’s insurance company has probably already tried to contact you, wanting to ask questions about how the car accident occurred. The insurance adjuster handling your accident claim may try to tell you that your claim can only be settled once you answer their questions. The representative may also request that you give a recorded statement providing details on how the accident occurred.

However, you should never consent to giving a recorded statement, as insurance companies have the right to use your statement against you. You may inadvertently say or admit to something that the provider could use to deny your compensation claim. Due to the state’s modified comparative negligence law, many insurers look for ways to reduce or deny claims. It is important to remember that insurance adjusters are looking for ways to save their employer money and are not your friends.

Therefore, you should only agree to make statements if you have sought legal advice from a qualified car accident lawyer who will protect your legal rights.

The other tactic that insurers often use to pay less than claims are worth is offering clients quick settlements. It may seem tempting to accept a quick settlement, especially if you cannot return to work. However, even though a fast settlement may seem like the best option, it is not in your best interests.

Quick settlements usually do not take into account future medical expenses or pain and suffering you have experienced after the car accident. Once you accept an offer and sign a settlement agreement, the insurer is released from any further liability.

Instead, contact our Lakeland car accident lawyer, who will act as your legal advocate with the insurance company to ensure you are treated fairly and receive full compensation for damages.

Is There a Statute of Limitations on Florida Car Crashes?

If you have been injured in a Florida car accident, it is important that you act fast. Florida has strict deadlines for filing a car accident claim. The statute of limitations ensures that cases are brought in a timely manner and that old cases do not bog down the court system. In any case, evidence can quickly disappear, and witnesses may move, or their memories quickly fade.

In most instances, the statute of limitations for car accidents in Florida is four years. If you fail to file within this time frame, you will lose your right to seek compensation. Once the deadline to file a claim has expired, the insurance company has no incentive to compensate you.

There are some exceptions to Florida’s statute of limitations. For instance, you have two years from the death of a loved one to file a wrongful death lawsuit in relation to an accident. Additionally, you will only have three years to file if you were injured due to government negligence. These exceptions to the statute of limitations mean you have less time to file if unmaintained roads or similar issues caused your injury.

While it may sound like you have a long time to file a claim, months go by fast when you are injured. Additionally, insurers will often try to drag out settlement negotiations. Therefore, if you have been involved in a collision, you should not hesitate to contact a car accident litigation lawyer in Lakeland.

At DeMichael Law, we can start your case immediately and ensure your claims are filed promptly. Additionally, we will professionally evaluate the evidence to maximize your claim. Reach out today to schedule a free consultation to see how we can help.

Why Should I Choose Your Lakeland Car Accident Lawyer to Help Me File a Personal Injury Claim?

No one starts the day expecting to be involved in a serious accident. Unfortunately, driver negligence can unexpectedly change your life. If you or a loved one were injured in a car accident, you may be entitled to recover substantial financial compensation. However, liability laws have recently changed in Florida, and that being the case, you should always seek legal assistance before filing an accident claim.

Compared to other Lakeland car accident lawyers, our personal injury law firm never encourages clients to accept financial settlements that do not adequately meet their needs. We are passionately committed to providing clients with essential legal services that help them recover full and fair compensation for damages.

At DeMichael Law, we understand what you are going through. Even a relatively minor injury can cause significant hardships for accident victims. For example, a broken bone in your foot can keep you stuck at home and unable to work or enjoy other activities. Sadly, the physical and legal consequences of serious crashes may result in life-changing catastrophic injuries. Regardless of your situation, our car accident litigation lawyer in Lakeland may be able to help.

To schedule your free consultation, contact our Lakeland, FL, law office today at (863) 216-1831.