Winter Haven is known for its various water attractions, nature preserves such as Cypress Gardens, and other attractions including Legoland. As a tourist hot spot and the second most populated city in Polk County, it’s no surprise that Winter Haven also experiences its share of car accidents. In 2023, there were 13,628 motor vehicle accidents reported in Polk County, which caused 10,087 injuries and 164 deaths.
Every car accident differs from the next, but these incidents are often life-altering for victims. Depending on the extent of your injuries, you may find yourself facing a mountain of medical expenses, along with serious disabilities that impact your ability to work or even enjoy your life.
No amount of money can make up for these losses, but a fair settlement offer will make it easier for you to move on with your life. Read our guide to learn more about filing a car accident claim in Winter Haven and how hiring a car accident lawyer can help you get the best results.
The Car Accident Claim-Filing Process
Filing an auto accident claim in Winter Haven generally involves the following steps.
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- Document injuries and damages by taking pictures of the accident and any vehicle damage. Also, hold on to any injury-related medical documents.
- File a police report by cooperating with the cops, who will generate a police report that you can get a copy of online through the Winter Haven Police Department.
- Notify your insurance company that you were involved in a car accident as soon as possible to make sure you’re complying with their policy.
- Gather evidence to support your claim like accident photos, your police report, and medical bills.
- Seek legal advice from a car accident attorney before filing a claim. Most car accident law firms provide free case reviews to help you decide your next steps and determine if you should hire a lawyer.
- File your claim, including your supporting evidence. If you have a lawyer, they’ll make sure your claim is solid and may file on your behalf.
The Importance of Hiring a Car Accident Lawyer
A skilled attorney can help you navigate the complex legal system, negotiate with insurance companies on your behalf, and advocate for your best interests.
Hiring an experienced car accident lawyer can help you:
- Navigate complex legal issues
- Maximize compensation
- Help negotiate medical bills
- Protect your legal rights
Florida’s no-fault insurance laws and comparative negligence rules can make it difficult for accident victims to understand their rights and the compensation they’re entitled to. A knowledgeable car accident lawyer can guide you through this process, helping you make informed decisions, and secure the best possible outcome for your case.
Triple board-certified attorney Tommy D. Roebig says, “You’re not legally required to hire a lawyer for a car accident case in Florida. A good rule of thumb is to seek a lawyer if you’ve been badly injured or if the case is complicated, like if there are disputed facts or a business is involved. Even if you think your case is straightforward, it’s worth getting a free case review to explore your legal options.”
It’s important to find a lawyer who’s familiar with the local court system and has a strong reputation within the community. Florin|Roebig is the right choice for anyone in need of a car accident lawyer in Winter Haven. With over 30 years of experience and a proven track record of success, the firm has secured some of the largest jury verdicts in the state of Florida. Reach out today for a free case evaluation.
State Laws For Car Accident Cases
Winter Haven follows Florida laws, Polk County laws, and city ordinances, which can factor into your car accident case in many ways.
Traffic Laws
Whether at the federal, state, or local level, traffic laws are usually at the center of car accident claims cases because if anyone involved in the accident broke a traffic law (such as speeding or driving under the influence), they’ll likely be found negligent (careless) and responsible for the accident. Without evidence that someone was negligent, the victim of a car accident may not be able to collect compensation from the at-fault driver.
Insurance Coverage Requirements
Under Florida’s no-fault system, 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
The Florida no-fault law not only requires drivers to have certain insurance coverage—they must use that coverage for their injuries if they get in an accident, regardless of who’s at fault.
However, if someone else caused an accident that badly injured you or damaged your property, you may be able to file a claim against them or their insurance company.
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 Haven car accident victims can seek compensation in a few ways.
- First-party personal injury claims: These are claims filed with your own insurance company. They’re usually quick and straightforward but limited in the amount they cover and what they cover.
- Third-party personal injury claims: These claims are filed against the at-fault party or their insurance company. You may be able to collect much more compensation for more losses (such as pain and suffering), but these claims can take longer and be more difficult to win.
- Personal injury lawsuits: If you can’t reach a compensation agreement with the insurance company, you may need to file a lawsuit with the Polk County civil court. Lawsuits usually settle out of court but may go all the way to trial, where your compensation will be decided by a jury or judge.
Attorney Tommy Roebig advises, “Begin the process of filing a claim as soon as possible, especially if you need PIP coverage. Florida has a 14-day accident law that requires victims to seek treatment for their injuries within 14 days of the car crash.”
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Types Of Damages Awarded In Car Accident Claims
If you win a car accident case, you will most likely receive a financial settlement designed to compensate you for all the losses you experienced after the crash. The exact damages you will receive in this settlement depends on the specific details of your case.
The majority of the damages you will receive fall under the category of compensatory damages, which means that they are intended to make up for a specific loss you sustained during the accident.
Some of the damages you may receive include:
- medical payments to compensate you for past and future healthcare expenses
- compensation for lost wages
- damages related to loss of earning ability
- benefits to compensate you for the pain and suffering you experienced
If the person who caused your car crash was extremely negligent, you may also qualify to receive punitive damages. These damages are intended to punish the responsible party.
Liability In Car Accident Cases
Liability describes who’s legally responsible for compensation when someone is harmed in an accident.
Car accident cases in Winter Haven may use the following to help determine liability:
- Negligence: If someone’s negligent action is ruled to be the primary cause of an accident, they’re usually liable.
- Strict liability: Strict liability is when a party is liable even if they weren’t negligent and didn’t intend to cause harm. In car accident cases, it often comes into play when a manufacturer’s car part doesn’t work as intended, either causing an accident or making someone’s injuries worse.
- Vicarious liability: Vicarious liability is when one party is responsible for covering damages caused by someone else. In a car accident, this may happen when a business is liable for an employee who caused an accident while on the job.
Understanding Consideration Of Negligence And Degree Of Fault
Negligence is the failure to take proper care while doing something, such as driving a car. As of March 24, 2023, Florida began following a modified comparative negligence law, which means:
- Multiple people can share fault in an accident
- Your compensation decreases based on your percentage of fault
- If you’re over 50% at fault, you can’t collect compensation.
For example, if you’re considered 20% negligent in a car accident because you didn’t signal before turning and your damages total $100,000, you would be rewarded $80,000.
Ways The Accident Can Impact Your Life
Whether you live there or are visiting the local attractions, a car accident in Winter Haven can cause many struggles, from physical injuries to a growing list of medical expenses, an inability to work and pay bills, and deep emotional pain.
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 Haven may include:
- Emergency services
- Winter Haven Police Department
- Medical care providers
- Insurance companies
- Therapy and support groups for accident survivors
- Victim advocacy services
- Government agencies
- Nonprofit community safety organizations
- Car accident attorneys
Don’t hesitate to make the most of the resources available during this difficult time in your life, including a free case evaluation from a reputable car accident law firm like Florin|Roebig. We’ve been getting fair compensation and justice for car accident victims across Florida for more than 30 years.
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What To Do After A Car Accident
Directly after a car accident in Winter Haven, it’s important to take care of your and your loved ones’ safety first, but if you’re able, taking a few simple steps can help make your car accident claim easier and more successful later.
After a car accident in Winter Haven:
- Check for injuries and seek medical attention if you need it.
- Contact law enforcement to report the crash and get the police to file an accident report.
- Gather information that may be hard to collect later, like witness contact details.
- Document the accident scene by taking pictures or video.
How Florin|Roebig Can Help With Your Car Accident Claim
If you have been injured in a car accident in Winter Haven, Florin|Roebig law firm is here to help you pursue the compensation you deserve. Their board-certified attorneys are well-versed in Florida’s auto accident laws and have a history of successfully representing clients in a wide range of accident cases, having won an average of over $1 million in compensation per case.
Florin Roebig car accident lawyers offer many services, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
Florin|Roebig prides itself on its personalized approach, taking the time to understand each client’s unique circumstances and providing tailored legal advice to meet their specific needs.
That’s why the law firm has been selected as one of the “Best Law Firms in America” by U.S. News & World Report since 2010. With Florin|Roebig, you can expect exceptional legal representation and the peace of mind that comes from knowing your case is in capable hands.
Frequently Asked Questions
How much does an attorney charge for a car accident in Winter Haven?
Car accident lawyers usually charge 25-40% of your compensation. If you don’t win compensation, they won’t charge.
Who decides the dollar value of the damages of a crash in Florida?
You, your lawyer, and the insurance agency’s attorneys will usually be involved in negotiations to decide how much you should be compensated for your losses. Each side will use evidence, reasoning, and previous legal precedent to argue for a certain amount.
How much can you get for pain and suffering in Florida?
There is no cap on the amount you can get for pain and suffering in Florida. What you get will be largely determined by the extent of your injuries and other losses you experienced, the at-fault driver’s actions, and more.
How to Get Help from Florin|Roebig Attorneys
The attorneys at Florin|Roebig law firm are experienced and dedicated. They work hard to ensure that every client has the best chance of receiving a fair settlement. To date, they have obtained over $1 billion in case awards for their injured clients.
Our car accident lawyers serving clients in Winter Haven include:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chad K. Florin, M.B.A., LL.M.
- John J. Hart
- Michael A. Ossi, O.C.
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
Fort Myers Office
9160 Forum Corporate Parkway
Suite 310
Fort Myers, FL 33905
If you believe you may be entitled to compensation from the person who caused your car accident, you need to seek legal counsel as soon as possible. Please call Florin|Roebig today to learn more about our services or to make an appointment for a free consultation with a member of our team.
