Sitting between Tampa and Orlando, Lakeland is a Florida city known for its historical and modern architecture and, of course, its many lakes. Unfortunately, “Swan City” is also familiar with car crashes. In 2023, the largest city in Polk County contributed a majority of the county’s 13,625 crashes, which led to 10,086 injuries and 164 deaths.
A car accident can happen in seconds but cause a lifetime of problems. From ongoing issues from injuries or lost wages when a victim can no longer work, individuals and families impacted by a serious car accident have many critical decisions to make.
A car accident lawyer is often an important resource in the first days and weeks after a crash. Read on to learn the why and how of filing a car accident claim in Lakeland, and how hiring an attorney can benefit you.
The Car Accident Claim-Filing Process
Filing an auto accident claim in Lakeland usually involves the following steps.
- Document injuries and damages with photos of your injuries, your vehicle, and the scene of the crash.
- File a police report by calling the police at the accident scene and providing details. They will file an accident report.
- Notify your insurance company about your accident as soon as possible.
- Gather evidence like photos, medical documentation, and your accident report. Keep everything in a safe digital and physical location.
- Seek legal advice from a car accident attorney. Many law firms offer a complimentary case review, which will guide you on the next steps, including whether to hire a lawyer.
If you need guidance on your case, don’t hesitate to contact one of the experts at Florin|Roebig with a free case evaluation.
The Importance of Hiring a Car Accident Lawyer
Hiring a Lakeland car accident lawyer can make a massive difference in your total compensation, especially if you were badly injured or the details of your case are contested.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
Car insurance agencies routinely offer those who file claims far less than the case warrants, but many car accident victims don’t know how much their case is worth or how to get the insurers to negotiate seriously with them.
Hiring an experienced attorney changes the balance of power. Lawyers know how much to expect from a case based on the details and how to argue in favor of getting reasonable compensation. They also know how to navigate the complexities of filing a lawsuit and going to trial. Insurance agencies want to avoid a costly and unpredictable trial, so most will come to the table to negotiate.
“Many people think they can’t afford to hire a lawyer or that their case isn’t serious enough, but I strongly advise you reach out for a free case review before writing a lawyer off,” says triple board-certified attorney Tommy D. Roebig. “Attorneys take a percentage of your winnings so you always leave with most of your compensation and they have every incentive to get you the maximum amount.”
State Laws For Car Accident Cases
Lakeland follows Florida and Polk County laws, which strongly influence your car accident case.
Fault Determination Rules
Fault determination in Lakeland mainly depends on negligence—someone’s failure to take proper care when doing something like operating a motor vehicle. Drunk driving, texting and driving, and reckless driving are some common examples of negligent acts.
Insurance Coverage Requirements
All Florida-registered vehicles must have the following car insurance coverage:
- Personal Injury Protection (PIP): PIP covers 80% (up to $10,000) of all “necessary and reasonable” medical expenses for an injury covered under the plan.
- Personal Damage Liability (PDL): PDL covers $10,000 of another driver’s vehicle or property damage in an accident if you’re at fault.
The No-fault System
Lakeland follows Florida’s no-fault system, which means each party in a car accident typically files a claim with their own insurance company to cover injuries regardless of who caused the crash. This is called a first-party insurance claim. Third-party claims—seeking compensation from another driver’s insurance company—can be filed if the other party was at fault and your injuries meet certain criteria.
Third-party car accident claims require injuries that cause at least one of the following:
- Severe and permanent loss of an important bodily function
- Permanent injury
- Severe and permanent scarring or disfigurement
- Death
Legal Remedies Available To Accident Victims
Lakeland car accident victims can seek compensation in a few ways.
- First-party personal injury claims: Filed for most car accidents, these claims are usually straightforward and fast, providing limited coverage for injury-related expenses.
- Third-party personal injury claims: Accident victims may file these claims against an at-fault driver’s insurance company to get additional compensation for serious injuries and other losses.
- Personal injury lawsuits: Filing a lawsuit with the Polk County court may pressure an insurer to come to the table and provide decent compensation in a third-party claim. If an agreement can’t be reached, the case will go to trial, where a judge or jury will decide if and how much compensation you’re rewarded.
Fault In Car Accidents
In Lakeland, the “at-fault” party is whoever is responsible for causing the accident. Fault is usually determined based on negligence, which can be shown by acts like traffic violations and reckless driving.
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Liability In Car Accident Cases
Liability describes the party legally responsible for compensation when someone’s been harmed.
Car accident cases in Lakeland may use the following to help determine liability:
- Negligence: The negligent party is usually liable for compensating the injured party.
- Strict liability: Sometimes manufacturers or other entities are liable for a car accident because of faulty parts like seatbelts or tires. They may have to cover a victim’s damages as part of the cost of doing business, even if they weren’t negligent.
- Vicarious liability: If one party is responsible for covering damages caused by someone else’s actions, they are vicariously liable. A business, for example, may be liable for an on-the-job at-fault employee.
Consideration Of Negligence, Degree Of Fault
If a party involved in the incident was negligent, you may have grounds to file a claim against them.
“Negligence refers to behaviors or actions that lead to injury or property damage, even if those behaviors weren’t intended to cause harm,” explains Tommy Roebig. “Using a cell phone while driving is a common example of negligence in car accident cases.”
Under Florida law, negligence in car accidents follows a modified comparative negligence rule. This determines the percentage of negligence for all parties involved, including you. If you were at all negligent in the accident, your potential compensation will be lowered based on your percentage of fault. For example, if you’re 15% at fault, you’ll only receive 85% of your awarded compensation.
Ways The Accident Can Impact Your Life
It’s common for car accidents to lead to lasting harm that goes far beyond the physical. Many victims struggle with financial issues, emotional pain, and much more.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- Emotional trauma
- Pain and suffering
- Property damage
- Loss of intimacy with a spouse or partner
- Permanent disability or disfigurement
- Death of a loved one
Car accident resources in Lakeland may include:
- Emergency services
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident personal injury attorneys
Filing a car accident claim can be tricky, and the resulting case has many potential pitfalls. With the help of one of our board-certified attorneys, you can get through this process with minimal stress, so you can focus on your healing instead of your injuries.
If you live in Lakeland or are passing through on your way to a theme park like Disney and were involved in a car accident, contact Florin|Roebig, one of the top-rated accident law firms in Florida, for a free case evaluation.
What To Do After A Car Accident
It’s normal for victims to not follow every post-accident best practice; crashes can be confusing, traumatic, or even life-threatening. However, if you’re able to follow a few best practices in the direct aftermath of a crash, you can set yourself up for an easier recovery and claim process.
After a car accident in Lakeland:
- Check for injuries and seek medical attention immediately to get the best recovery and claims outcome.
- Contact law enforcement to report the accident and get the cops to file a police report.
- Gather information at the crash scene like camera locations and witness contact information.
- Document the accident scene by taking pictures that indicate what happened.
How Florin|Roebig Can Help With Your Car Accident Claim
If you or a family member have been seriously injured in a car crash, you need the right legal help to ensure you get fair and just compensation. Florin|Roebig has a team of car accident attorneys who are ready to assist car accident victims seeking adequate compensation for their injuries. Our attorneys fight hard for their clients, ensuring they understand the legal process and their rights.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
With over 30 years of experience, our law firm has successfully won over $1 Billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
Frequently Asked Questions
Should I hire an attorney after a car accident in Lakeland?
You should definitely reach out to a car accident personal injury attorney to discuss your case. It’s usually a good idea to hire an attorney if you believe someone else was at fault for your injuries and other losses.
How much does an attorney charge for a car accident in Lakeland?
Most car accident attorneys in Lakeland charge between 25-40% of your compensation. If you don’t receive compensation, they don’t charge.
Who pays for car damage in Florida no-fault?
Generally, you’ll file a claim with the at-fault driver’s insurance company to cover car damage in Florida. You might also have a policy that covers damage costs, however. Check with your insurance company for comprehensive or collision coverage.
Top-Rated Car Accident Attorneys Serving Lakeland
If you or a family member have been seriously injured in a car crash, you need the right legal help to ensure you get fair and just compensation. At Florin|Roebig, we have a team of personal injury attorneys who are ready to assist car accident victims seeking adequate compensation for their injuries. Our attorneys fight hard for their clients, ensuring they understand the legal process and their rights.
These car accident lawyers, as well as many others, are ready to serve you:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Michael A. Ossi, O.C.
- Nicholas S. Costantino
- Chase P. Florin, B.C.S.
With over 30 years of experience, our law firm has successfully won over $1 billion in settlements from personal injury cases by providing our clients with high-quality legal representation.
We Are Nationally Awarded Lawyers
How to Get Help from Florin|Roebig Attorneys
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- For more information regarding our services and free consultations, you can email us at [email protected]
- Or you can reach us at an office near you below.
Palm Harbor Office
Primary & Administrative Office
777 Alderman Road
Palm Harbor, Florida 34683
If you have been the victim of a car accident, it’s a good idea to seek legal help as soon as possible after the event. This is critical to getting a fair amount of compensation.
Florin|Roebig has a team of car accident lawyers serving Lakeland and the surrounding communities who are committed to helping you find success as you file your car accident claim. Contact us today for a confidential and free consultation.