Despite its quiet small-town ambiance, Oldsmar, Florida contributed its share to Pinellas County’s 14,820 crashes in 2023, which led to 9,194 injuries and 111 deaths.
Car accidents can have far-reaching effects on victims for months or years after the event. Even a small collision can cause serious injuries or mental distress, especially if the victim has a pre-existing condition.
Filing a car accident claim is a great way to get compensation for your losses. However, you may have many questions about how and where to file, and whether you should leave the matter up to an insurance company. Before you make any major decisions, read the following Florin|Roebig guide for more information on filing a claim in Oldsmar and the benefits of seeking legal counsel.
The Car Accident Claim-Filing Process
Filing most auto accident claims in Oldsmar involves the following steps.
- Document injuries and damages by taking pictures of your wounds, any vehicle damage, and the accident scene.
- File a police report by calling the cops. They will create an incident report, which you’ll need for your claim.
- Inform your insurance company that you were involved in a crash as soon as possible.
- Gather evidence such as crash photos, your accident report, and medical documents. Make digital copies and keep physical evidence in a safe place.
- Seek legal advice from a car accident attorney. You can usually get a free case review, which can help you determine your next steps and whether to hire a lawyer.
The Importance of Hiring a Car Accident Lawyer
Hiring an Oldsmar car accident lawyer comes with a large range of potential benefits, from a less stressful claims process to winning much more in compensation.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
Triple board-certified attorney Tommy D. Roebig says, “Car insurance agencies don’t benefit from offering you as much compensation as they can after an accident. Especially if you’re filing a claim against another driver, it’s customary for insurers to offer very little and to do what they can to argue how you contributed to the accident. A good attorney knows how much to expect in compensation, where to gather evidence, and how to use that evidence to argue for the best possible outcome.”
In its 30+ year history, Florin|Roebig has won an average of over $1 million in compensation for its clients. Talk to our legal experts today and see how we can help you by signing up for a free case evaluation.
State Laws For Car Accident Cases
Oldsmar follows Florida, Pinellas County, and city-specific laws and ordinances that can factor into your car accident case in several ways.
Traffic Laws
When determining who’s responsible for an accident, insurers and courts will usually look for evidence of broken traffic laws before anything else. Witness testimonies and/or traffic cameras are common forms of evidence for proving a driver was speeding, ran a red light, was driving erratically, or was otherwise breaking traffic laws.
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
Accidents that happen in Oldsmar fall under Florida’s no-fault system, which has many components. For one, cars registered in the state must have PIP and PDL insurance. For another, if an accident happens, all parties involved automatically seek coverage for their injuries from their own insurers (a first-party insurance claim).
However, in some cases, car accident victims can seek compensation from another party’s insurer (a third-party insurance claim) if that person was at fault for the accident. This most commonly happens when the accident victim suffered car damage or severe injuries.
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
Oldsmar car accident victims can seek compensation in a few ways.
- First-party personal injury claims: For straightforward, quick coverage of medical injuries, accident victims can file a claim with their own PIP insurance or other optional coverage they had. PIP only covers a limited amount, including treatment for injuries within 14 days of the accident.
- Third-party personal injury claims: Claims can be filed against an at-fault party’s insurer for a wider range of losses and more compensation, but it can take much longer and be more difficult to win compensation.
- Personal injury lawsuits: If you can’t reach a compensation agreement with a third-party insurer after filing a claim, you may need to file a lawsuit with the Pinellas County court. Usually, this will get the insurer to reach a fairer settlement, but if not, the lawsuit will go to trial, where a judge or jury will decide if and how much compensation you get.
Fault In Car Accidents
In Florida, someone found at fault is responsible for causing the accident. This is usually determined by whether or not someone’s negligence—their carelessness—led to the accident. Several parties may be partially at fault.
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Liability In Car Accident Cases
Someone is liable when they’re legally responsible for compensating a crash victim for the harm they suffered.
Attorney Tommy Roebig explains, “The only liable party isn’t necessarily the driver who caused the accident. There are several cases where you may want to seek compensation from other parties.”
Car accident cases in Oldsmar may use the following to help determine liability:
- Negligence: In most car accidents, a driver’s degree of negligence will determine if and how much they’re liable.
- Strict liability: At times, an entity like a manufacturer may be liable even if they weren’t negligent. In car accidents, this usually happens when a defective part like a tire or seatbelt contributes to an accident or makes the resulting injuries worse.
- Vicarious liability: Another common incident is when a business is vicariously liable—responsible for the actions of someone else. This usually happens when an employee causes an accident while on the job.
Consideration Of Negligence, Degree Of Fault
Since March 24, 2023, Florida has followed a modified comparative negligence standard for determining fault. This means that more than one person can be at fault for a car accident, that your degree of fault can lower their total compensation, and that anyone more than 50% at fault can’t collect compensation.
For example, if you were found to be 20% negligent in a crash because you didn’t signal before a turn, you would only collect $80,000 of a $100,000 compensation amount.
A good attorney will make sure they collect all the evidence available and make a strong case for why you weren’t negligent during the accident so you can walk away with as much compensation as possible.
Ways The Accident Can Impact Your Life
A car accident in quiet, peaceful Oldsmar can throw your world into chaos in an instant, causing long-term or permanent changes to your way of life and relationships, emotional distress, and serious financial challenges.
Some common struggles after a car accident include:
- Medical expenses
- Lost wages
- 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 Oldsmar 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 attorneys
Florin|Roebig’s attorneys are dedicated to being a premier resource for car accident victims in Oldsmar and across Florida. If you’re suffering after a car accident someone else caused, don’t hesitate to reach out for a free case evaluation today.
What To Do After A Car Accident
Right after a car accident in Oldsmar, you’ll want to prioritize your health and the health of your loved ones by seeking care if you need it. However, following a few steps in the aftermath of a crash can make the claims process easier down the road.
After a car accident in Oldsmar:
- Check for injuries: If you’re hurt, seek medical attention as soon as possible to ensure you recover as well as possible and to create a record of your injuries.
- Contact law enforcement: You must legally report major accidents in Pinellas County to the police, who’ll also file a police report for you to use in your claim.
- Gather information: Make sure to get witness contact information while at the scene.
- Document the accident scene: Take pictures of the accident, your injuries, and car damage.
How Florin|Roebig Can Help With Your Car Accident Claim
Florin|Roebig has had the honor of being selected as one of the “Best Law Firms in America” by U.S. News & World Report and Best Lawyers in America since the beginning of the distinction in 2010.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
The lawyers at Florin|Roebig are proud to have won their clients over $1 billion in compensation by employing decades of experience in and out of court and refusing to settle for less than their clients deserve for their hardship.
Frequently Asked Questions
What is the average settlement for a car accident in Florida?
Car accident settlements can vary tremendously depending on the severity of the accident, whether the victim hired an attorney and several other factors. Settlements can range from a few thousand dollars to millions. Talk to an attorney to get a better idea of how much to expect in your case.
How long does a car accident lawsuit take in Oldsmar?
The range varies greatly, but most car accident claims and lawsuits take several months to over a year to resolve.
How much does an attorney charge for a car accident in Florida?
Most attorneys charge between 25% and 40% of your compensation, but they won’t charge anything if you don’t win compensation.
List Of Car Accident Attorneys Serving Oldsmar
Following a car accident, filing a claim may be the single most important thing you can do to help get your life back on track. With such an important task at hand, you’ll want a trusted legal professional by your side, guiding you every step of the way. You can count on the award-winning team at Florin|Roebig.
Our car accident lawyers serving clients in Oldsmar include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Nicholas S. Costantino
- Michael A. Ossi, O.C.
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
You have the right to file a claim in Oldsmar without the aid of an attorney. However, it does help to be aware of the risks before you do. The court system in Florida is not always simple to navigate, especially if you’re dealing with physical injuries or the grief of having lost someone you love.
Scheduling a consultation with Florin|Roebig may give you more control and confidence to face the situation head-on. When you contact us for help in filing your claim, we give the honest advice you need to make the best decisions for you and your loved ones. Learn more by calling us today to schedule a free consultation for your claim.
