Once known as a “hidden gem” in the greater Orlando area, the quaint West Central Florida city of Winter Garden is now well-known for its charms, including several preserved historical buildings, an extensive bike trail, and a booming farmer’s market. The attractive area draws many visitors from around Orlando daily, along with an influx of new residents. The sudden population growth, heavy car dependence, and many roads still built for lighter traffic contribute to a higher rate of car accidents in the area.
Orange County, where Winter Garden is located, reported 26,254 motor vehicle crashes in 2023, which caused 19,619 injuries and 167 deaths.
An auto accident could impact your life long after the incident is over. You may need money to cover ongoing bills, including medical bills, mortgage and rent, and family needs. A car accident claim can help, but laws regarding these claims can be complex. Read on to learn more about filing a car accident claim in Winter Garden and how hiring an attorney can help.
The Car Accident Claim-Filing Process
Filing an auto accident claim in Winter Garden generally involves the following steps.
-
- Document injuries and damages by taking pictures at the scene of the accident and keeping any medical documents related to your injuries, like hospital bills.
- File a police report by contacting the police. They’ll file a report after their investigation, which you can access a copy of later by contacting Winter Garden Police Department’s Records Management or getting a copy through their online portal.
- Notify your insurance company that you were involved in a crash as soon as possible to comply with their policy and get instructions for filing your claim.
- Gather evidence like your accident photos, the police report, and medical bills. You’ll need these to support your claim.
- Seek legal advice before filing your claim. You can contact a car accident attorney by scheduling a free case review. This will help you explore your legal options and assess whether you want to hire a lawyer.
- File your claim along with all supporting evidence. If you hire a lawyer, they’ll make sure your claim is strong and may file on your behalf.
The Importance of Hiring a Car Accident Lawyer
A skilled lawyer can help you through the legal process, ensuring you receive fair compensation for your injuries, damages, and losses. They understand Florida’s specific laws and regulations and can effectively represent your interests, negotiate with insurance companies, and take your case to court if necessary, among other things.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Negotiate medical bills
- Protect your legal rights
Triple board-certified trial attorney Tommy D. Roebig advises, “If you get into a minor straightforward accident, you may not need a car accident attorney, but accidents that involve serious injuries, death, or complications like the involvement of a business shouldn’t be handled without a lawyer. Even if you think your case is simple, it’s worth getting a free case review and exploring your options.”
When hiring a car accident lawyer in Winter Garden, it’s important to look for a law firm with experience handling car accident cases, a track record of successful settlements and verdicts, and a commitment to providing personalized attention to clients. Florin|Roebig has won an average of over $1 million in compensation per case for its clients, along with several record-breaking verdicts throughout Florida.
If you’re considering filing a car accident claim in Winter Garden, don’t hesitate to reach out to our experts with a free case evaluation.
State Laws For Car Accident Cases
Winter Garden follows Florida state laws, Orange County laws, and city ordinances, which can all have a big impact on the outcome of your car accident claim.
Traffic Laws
Traffic laws are often at the center of a car accident case. In Florida, you must usually prove the other party acted negligently (carelessly) and that that caused the accident in order to sue for compensation. This is easier if you have evidence (via a traffic camera, witness testimony, etc.) that the other driver broke a traffic law at the time of the accident, such as speeding or driving recklessly.
Insurance Coverage Requirements
Under Florida’s no-fault law, all state-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
A driver is considered at fault if they’re legally responsible for causing an accident. Under the Florida no-fault rule, not only do drivers need certain coverage—they need to use that coverage to pay for injuries regardless of who was at fault.
That said, you can seek compensation from an at-fault driver in Florida in certain circumstances, such as for vehicle damage or serious 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
Winter Garden car accident victims can seek compensation in a few ways.
- First-party personal injury claims: These are claims filed with your insurance company. They are generally fast and simple to file, but are often limited in the amount they’ll pay out and what they’ll cover.
- Third-party personal injury claims: These are claims generally filed against an at-fault driver’s insurance company. They often cover more losses (such as pain and suffering) and give you more compensation. However, they can take longer to receive and are often harder to win, especially without the help of a lawyer.
Personal injury lawsuits: If you can’t reach a compensation agreement with the insurance company, you may need to file a lawsuit with the Orange County civil court. Most lawsuits will settle out of court but may end up going to trial, where your compensation will be decided by a judge or jury.
Liability In Car Accident Cases
Liability describes who’s legally responsible for compensating the victim in an accident.
Car accident cases in Winter Garden may use the following to help determine liability:
- Negligence: Someone who’s found overwhelmingly negligent in a car accident case is usually liable.
- Strict liability: In some cases, a party in a case may be liable regardless of whether they were negligent or intended any harm. In car accident cases, this may happen with the manufacturer whose defective car part contributed to an accident or made the resulting injuries worse.
- Vicarious liability: In other cases, a party may be liable because of the actions of someone else. This is usually seen in car accident cases when an on-the-job employee injures someone in an accident they caused and the employer has to cover the victim’s damages.
Our Featured Case Results
Understanding Consideration Of Negligence And Degree Of Fault
On March 24, 2023, Florida courts began to follow a modified comparative negligence standard. This means that multiple people can share fault in a car accident and their percentage of fault will lower the amount of compensation they get. Additionally, if anyone is more than 50% at fault, they can’t collect compensation at all.
For example, if you were found 20% negligent in an accident you were injured in and your damages totaled $100,000, you would be awarded $80,000 in compensation.
Attorney Tommy Roebig says, “Whether you’re in negotiations with an insurer or at court, it’s vital to establish the causal connection between the other party’s negligence and the plaintiff’s injuries and stop the opposing party from making the accident out to be your fault. A good, experienced lawyer knows what evidence you need to back up each point and will come prepared to make your case from every angle.”
Ways The Accident Can Impact Your Life
Winter Garden can seem like the ideal place to live, but car accidents are an unfortunate fact of life in every community. They can devastate victims physically, financially, and emotionally.
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 Winter Garden 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
If you’re looking for justice for either you or a loved one, you need professional assistance. Florin|Roebig has served those injured in Florida for over 30 years and is standing by to offer guidance at any time with a confidential and free case evaluation.
What To Do After A Car Accident
Whether you got into an accident in the quaint but busy downtown Winter Garden or on the larger State Road 50, 1-4, or Florida Turnpike, the immediate aftermath of a car accident in Winter Garden can be scary and confusing. It’s important to take care of your and your loved ones’ well-being first, but if you’re able, following a few best practices can make filing a successful claim easier later on.
After a car accident in Winter Garden:
- Check for injuries and seek medical attention if necessary.
- Contact law enforcement to report the crash and get an accident report filed.
- Gather information that may be hard to get later, like witness contact details.
- Document the accident scene by taking pictures or video.
How Florin|Roebig Can Help With Your Car Accident Claim
Since 2010, Florin|Roebig has received U.S. News & World Report’s recognition as one of the “Best Law Firms in America” each year.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
Florin|Roebig’s board-certified Civil Trial Lawyers and other legal specialists have a passion for helping those unjustly injured in car accidents across Florida and the United States.
We Are Nationally Awarded Lawyers
Frequently Asked Questions
How much does an attorney charge for a car accident in Winter Garden?
Most car accident lawyers charge anywhere from 25-40% of your compensation. However, if you don’t win compensation, they won’t charge.
What is the 14-day accident law in Florida?
The 14-day accident law requires car accident victims to get medical treatment within 14 days of the accident to get coverage under Personal Injury Protection (PIP).
I got hit by a car on my bike in Winter Garden. Can I sue?
Personal Injury Protection covers cyclists and pedestrians involved in motor vehicle accidents in Winter Garden, Florida, so your insurance policy may cover your damages. You may also be able to sue the at-fault driver or their insurance company for bike damage, injury-related expenses, and more depending on the details of your case.
How to Get Help from Florin|Roebig Attorneys
Finding the right attorney to represent you in your car accident claim can help to protect your rights and ensure you’ll receive the compensation you are entitled to receive. Florin|Roebig has a long, proud history of delivering for their clients, having won over $1 billion in total awards.
Our car accident lawyers serving clients in Winter Garden include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Taylor D. Roebig
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.
Jacksonville Office
1506 Prudential Drive
Jacksonville, Florida 32207
Palm Harbor Office
Primary & Administrative Office
777 Alderman Road
Palm Harbor, Florida 34683
Filing a car accident claim is often the best way to get back on your feet after a car accident, and the right car accident lawyer can make the process far less stressful while helping you win the compensation you deserve instead of the lowball offer the insurance company makes.
Since the firm’s establishment in 1985, Florin|Roebig has been committed to fighting to protect the firm’s clients, who have suffered injury or property losses. Get in touch with Florin|Roebig today for a free, no-obligation consultation regarding your car accident claim in Winter Garden.
