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    Being injured in a car accident is often a serious and stressful event for the victim. Unfortunately, car accidents are common in Orlando.

    With millions of tourists coming to the city each year to visit nearby Disney World and other attractions, the chances of being involved in a car accident are high. Increased tourism also leads to increased congestion on Orlando’s roads, already known for heavy congestion. However, Florida has made some recent changes to it laws that affect car accident lawsuits, but our firm can help you understand how these changes will impact your case.

    For a free case evaluation with our car accident lawyers, call The Law Offices of David I. Fuchs, Injury & Accident Lawyer today at (954) 751-4258.

    How Compensation Works in Orlando Car Accident Cases

    Getting into a car accident in Orlando is almost always stressful, but it is made even more so by the complexities of recovering compensation under Florida’s insurance rules. Florida practices “no-fault” insurance rules. Under Florida Statute § 627.736(1), all drivers must carry personal injury protection (PIP) insurance to cover them in the event they or their passengers are injured.

    It is termed “no-fault” because car accident victims file for damages with their own insurance and are compensated from their PIP coverage no matter who was responsible for causing the accident. Evidence of the accident and proof of damages must still be submitted to recover compensation, which our car accident lawyers can help you obtain and organize. Other states use “at-fault” insurance rules, which require victims to file a third-party claim with the negligent driver’s insurance. However, No-fault rules prevent victims from filing a lawsuit unless they suffered serious injuries in their Orlando car accident.

    What PIP Insurance Covers

    While Florida’s no-fault rules are intended to get compensation to victims without an adversarial process, there are important limitations that victims need to be aware of. Most importantly, PIP insurance will not cover all of your damages. PIP insurance will only cover 80% of your medical expenses and 60% of your lost wages from missed time at work. Further, benefits will only be provided up to your policy limit. The minimum coverage drivers must carry in PIP insurance is $10,000. This means that your PIP insurance will cover 80% of your medical bills and 60% of your lost income up to $10,000 if you select the minimum coverage.

    Unfortunately, you will be liable for any expenses beyond the minimum coverage unless a lawsuit can be filed against the driver that injured you. This includes non-economic “pain and suffering” damages. PIP insurance will not cover emotional distress, loss of enjoyment, and other pain and suffering damages that cannot be measured in dollars. These damages can only be recovered in a lawsuit.

    The Right of Subrogation

    Another important caveat when pursuing compensation after a car accident is the insurance company’s right of subrogation. Through this policy, insurance companies can demand payment to be reimbursed for damages that were paid out if you recover damages in a lawsuit beyond what was paid. For example, if your insurance paid $10,000 to cover your financial losses and a court later awarded you $20,000 in a lawsuit, you will have to pay the $10,000 back, allowing you to keep the remaining $10,000. Essentially, the rule is to prevent victims from getting paid twice for the same injuries.

    When You Can File a Lawsuit for a Car Accident in Orlando

    As mentioned, you will have to overcome Florida’s “serious injury” threshold in order to file a lawsuit in Orlando for the damages that your PIP insurance would not cover. The purpose of this rule is to prevent the civil courts from getting backed up with personal injury lawsuits over minor car accident injuries. Thus, if your PIP insurance covered all of your damages after an accident, it might be difficult overcoming this threshold in order to file a lawsuit.

    Unfortunately, it takes more than just making a claim that your injuries are serious. You will need to show that your injuries meet one of the definitions of “serious injuries” contained in Florida Statute § 627.737(2). According to this law, victims can file a lawsuit if they have sustained significant and permanent loss of bodily functions or have a permanent injury diagnosed by a medical professional. Death is also grounds for filing a car accident lawsuit in Orlando, as well as significant scarring and disfigurement.

    There is quite a bit of room for arguing under these definitions, so it is important to have your case evaluated by our firm to determine if your injuries qualify as serious. You will want to make it clear from the moment you file your lawsuit that your injuries are serious. If the defendant’s lawyer or insurance company does not think you have met the threshold, they can challenge the legitimacy of your claim by filing a motion for a hearing to determine if your injuries are, in fact, serious.

    What Happens When a Driver Contributes to Causing a Car Accident in Florida

    Florida has gone through some recent changes with regard to its contributory negligence laws. Previously, victims could still recover compensation if they were partially to blame for causing their accident, but their award would be reduced by the percentage they were found at fault, without any cutoff. Now, however, victims will be prevented from recovering compensation if they are found more than 50% at fault. For example, if you are found 51% at fault, and the other driver is found 49% at fault, you will not be able to recover even a percentage of your damages. If both drivers are found equally at fault, or a 50/50 split, you can recover compensation for half the damages you sustained.

    The Time Limit to File a Car Accident Lawsuit in Orlando

    Florida’s statute of limitations to file a lawsuit for a car accident has also been changed under new laws. The statute of limitations is the legal term for the time limit to file a lawsuit in Orlando. Previously, car accident victims had four years from the date of their accident to file a lawsuit. As of early 2023, the law now only allows victims two years from the accident date to file a lawsuit.

    With half the time allowed, it is more important than ever to get your car accident lawsuit started as quickly as possible. That way, our firm will have time to gather evidence, interview witnesses, and draft your complaint to file before the deadline passes. If your lawsuit is not filed within the two-year window, you will be barred from pursuing compensation.

    Statute of of limitations for a car accident lawsuit in Florida

    Our Orlando Car Accident Attorneys Can Help

    Contact The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 for a free review of your case with our car accident attorneys.

    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