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    Considering how often people need to drive or ride in vehicles, the odds of being in a car accident at some point are significant. When injuries are severe, you should speak to a lawyer about getting fair compensation from the negligent driver.

    Since Florida is a no-fault auto insurance state, insurance companies typically cover damages for car accidents. However, if insurance coverage is insufficient or your claim is denied, you can sue the driver who hit you and make them or their insurance company pay. To file a lawsuit, you must show you experienced a serious injury as defined by law. Otherwise, your case will be rejected. In a lawsuit, your damages should reflect the economic and non-economic injuries and losses you incurred, and accurate calculations are crucial. It is a good idea to hire a lawyer as soon as possible after an accident to handle much of the legal legwork of your case while you spend time recovering and resting.

    Schedule a free case review with our car accident lawyers by calling The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258.

    Who Pays for Damages in a Car Accident in Orange County, FL?

    Florida is a no-fault insurance state, meaning all drivers are legally required to have personal injury protection (PIP) coverage. According to Florida Statute § 627.736(1), drivers must file claims with their PIP insurance policies rather than third-party claims with the other driver’s insurance.

    Generally, fault is not an issue in PIP claims, and drivers may be covered regardless of who is to blame for the crash. This often benefits drivers with minor damages easily covered by their insurance policies. However, coverage is limited to the policy terms, and your insurance company will only cover you up to the maximum coverage set by the policy.

    If your damages exceed your insurance coverage, you can file a lawsuit against the other driver to get compensation for your remaining damages. In a car accident lawsuit, the defendant’s insurance company usually pays the bill for your damages. However, if the defendant is uninsured, they might have to pay out of pocket or find other sources for compensation. In cases where defendants are insolvent and cannot pay, courts might garnish the defendant’s wages or place a lien on properties or assets to get payment.

    How to File a Lawsuit for a Car Accident in Orange County, FL

    Before you can file a lawsuit against the other driver, our car accident attorneys must check that your injuries are considered “serious injuries” under the law. The serious injury rule is a legal threshold that prevents people with minor injuries from filing lawsuits. If your PIP insurance claim completely covers your damages, you likely cannot file a lawsuit for the accident.

    Under Florida Statute § 627.737(2), serious injuries must meet the following criteria for drivers to file lawsuits:

    • Significant and permanent loss of bodily functions
    • A medically determined permanent injury other than disfigurement or scarring
    • Significant disfigurement or scarring
    • Death

    While some criteria are somewhat specific about the nature of a serious injury, others are more vague and might encompass various injuries. For example, being permanently unable to walk without mobility aids after an accident may be considered a serious injury as it is a permanent injury that does not consist of scarring or disfigurement.

    It is important that our car accident attorneys include evidence of your serious injuries in your initial complaint when we file the lawsuit. The defendant may question whether you have met this legal threshold and file a motion with the court for a hearing. The court will review your submitted evidence and determine whether it proves you have a serious injury. Only the evidence we submit is reviewed by the court, so it is crucial that we include the strongest evidence of your injuries we can gather.

    Recovering Damages in Orange County, FL Car Accident Cases

    Perhaps the most prominent of your damages are medical bills. Not only are medical bills extremely costly, but they may also demonstrate the severity of your injuries. Serious injuries tend to be met with more extensive treatment and higher bills.

    Often, insurance does not cover the full cost of a new vehicle or repairs, and a lawsuit is necessary to cover the remaining expenses. You should also add the income you miss out on because you are injured and cannot return to work for a while. The longer you are out of work, the greater your damages should be.

    Not all damages can be measured in money, but that does not mean compensation is unavailable. You may claim damages for pain, suffering, humiliation, the loss of enjoyment of your life, and other painful personal experiences. Since these damages do not normally come with a price tag, their value is determined by juries.

    The damages you recover in a lawsuit might have already been paid for by insurance. Since plaintiffs cannot recover damages for the same injuries twice, you may not keep excess damages. Generally, insurance companies have a right of subrogation and may demand reimbursement. For example, if your PIP insurance covered $25,000 of your damages, and a civil court awarded you $60,000, you would reimburse the insurance company and keep the remaining $35,000.

    Why You Should Hire a Lawyer in Orange County, FL for Your Car Accident Case

    Car accidents are so frequent that many wonder if attorneys are necessary to navigate such common legal processes. The truth is that you should hire an attorney for your car accident case as soon as you can.

    Perhaps the biggest reason to hire a lawyer is because you are badly injured and unable to handle the legal work alone. Communicating with insurance adjusters, defendants, and other attorneys is difficult and requires much effort. Your primary should be on recovering from your injuries while your lawyer handles the heavy lifting, legally speaking.

    Your lawyer should also help you accurately calculate your damages to get the maximum compensation possible. Injured plaintiffs tend to zero in on bigger damages like medical bills and totaled vehicles while overlooking numerous smaller damages. Your attorney should know how to account for all your losses so you get full and fair compensation.

    Call Our Orange County, FL Car Accident Lawyers

    Schedule a free case evaluation with our car accident attorneys by calling The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258.

    Client Testimonials

    “…the settlement I received was much higher than anticipated”

    Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.

    Sean O.
    Google Review
    “Not only did I get the medical attention I needed but I was compensated handsomely.”

    It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!

    Giovanni G.
    Google Review
    “…they didn’t settle for anything and my boyfriend and I got what we deserved.”

    I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!

    Sheila N.
    Google Review
    “Best lawyer in Broward County”
    Evans P.
    Google Review
    “Mr. Fuchs and his staff were very helpful.”

    I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.

    Velouse G.
    Google Review
    “Mr. Fuchs is one of the hardest working attorneys that I know.”

    Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!

    Libby E.
    Google Review
    “I would definitely refer to this firm as the go-to Florida personal injury gurus.”

    At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.

    Donna M.
    Google Review
    “They have a wonderful team.”

    …took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.

    Nicholas G.
    Google Review
    “My experience with David Fuchs was awesome.”

    I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.

    Yvette W.
    Google Review
    “This is a great law office.”

    The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.

    Jonathan Z.
    Google Review
    “Never did I imagine myself getting into an accident.”

    It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.

    Sade P.
    Google Review
    “They helped tremendously!”

    I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!

    A Boone
    Google Review
    “I highly recommend this man.”

    A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.

    N. Hit
    Google Review
    “He was able to settle my case with little to no trouble and did so in a very professional manner.”

    David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.

    Samantha D.
    Google Review
    “…all went good and successful. thank you so much for all your help.”

    I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
    They did take care of my case all went good and successful thank you so much for all your help.

    Karen G.
    Google Review
    “Very professional. Had no problems with communication”
    Zuberi L.
    Google Review
    “He was there every time I called and got me a great settlement.”

    I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.

    Joan K.
    Google Review
    “My settlement was fast, fair and professionally handled.”

    Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.

    Willie M.
    Google Review
    “A+++++ recommended.”

    I want to thank the office of David Fuch’s. A+++++ recommended.

    J. Hernandez
    Google Review
    “I could not have asked for a better team by my side.”

    They were very helpful. I could not have asked for a better team by my side.

    S. Rodriguez
    Google Review
    “They got me my settlement pretty quickly and worked hard on my case for me.”

    I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.

    Pastor D.
    Google Review