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Orlando Car Accident Lawyer

Orlando, FL Law Office of Franklin @ StitesThe Orlando Car Accident Lawyers is home to Florida attorneys Franklin & Stites. They understand the hardship that can come after an auto accident. Our firm have seen the damage and injuries that come from a car wrecks, and know the difficulties the victims may have to deal with when trying to obtain money for what they have lost. There are certain laws and regulations in Florida that tend to make insurance claims complicated, especially when trying to recover compensation for pain and suffering with extreme injury. These complicated rules make obtaining the maximum compensation almost impossible without an attorney that specializes in car accident claims by your side. Hiring an attorney vastly increases your chances of success in court. The Orlando Car Accident Lawyers have a long background of successful cases we have represented all over Florida. Our goal is make sure your rights are preserved in and out of court.

If you have been involved in an auto accident and don’t know how to proceed, call us to set up a free consultation. You claim will be reviewed for free by an Orlando car accident attorney who will contemplate if you would benefit from our law firm’s assistance.

Florida No Fault Isn’t Perfect

The state of Florida requires all drivers to carry Personal Injury Protection insurance with a minimum of $10,000. For example if you are involved in a accident, no matter who is to blame, this insurance pays for most of the cost of your own injuries and more than half of the cost of wages lost from not being able to work. This was the notorious Florida no fault law that was enacted in the early 70’s to try lower insurance rates and reduce the number of auto accident lawsuits filed in Florida. While this coverage may be enough to pay for minor crashes, it does not come close to paying the full cost of lost wages, medical bills, and pain and suffering with someone badly injured after a crash.

How Our Law Firm Can Help

Our law firm can potentially assist you in obtaining compensation above what is offered by going through insurance claims if you have been injured from a crash. The eligibility of a car accident lawsuit is determined by death or an extreme injury including but not limited to: Bone fractures, permanent scarring, brain damage (such as a concussion), head injury, and paralysis. Some of these injures are not always immediately visible after the car accident. We always recommend seeing a doctor immediately after the accident.

If you determine you want to legally pursue the at fault driver (After your Personal Injury Protection benefits have run out) our team of Orlando attorneys can meet with you and begin setting up your claim. The following is some of the things involved with case prep: Talking to the involved insurance providers, Setting up professional witnesses to go over evidence, Looking over medical records, Photographing the accident scene, car damages, and resulted injuries, Reviewing official police accident reports, and Contacting witnesses

The insurance company representing the driver at fault will try to prove that your injuries have not permanently affected you because their goal is to pay out the least amount of money possible. This is why we gather evidence to build a strong case on your behalf if your case makes it to court.

Pursuing Further Damage Compensation

When you decided to pursue further damage compensation, the attorney chosen to best represent your case will contact the at fault driver’s insurance company seeking money to take care of what bills you still owe. The claim is handed over to the insurance company, who will set up a private investigation of the crash to determine if they will approve or deny the compensation request. The stronger the case, the more likely the insurance company will be willing to settle out of court. The outcome of your claim is largely determined by your attorney’s power to find, examine, and show facts. If a weak claim is presented, the insurance company will most likely deny the claim knowing that they have a good chance to win at trial. This is why we implore our clients to give us as much details about the crash as possible prior to us submitting a claim. There should be no surprises.


Common Car Accident Lawsuits


Negligent Driving


This is the most common car accident lawsuit filed in Florida. Negligence is when the other driver does not use rational behavior while driving an automobile or utilizing public roadways. Your attorney’s first analysis will assist in showing that the other driver performed haphazardly or broke traffic laws which resulted in the crash. Negligence lawsuits are won when the injured party successfully proves the defendant did not action rationally when behind the wheel and their negligence was the source of the auto accident and related injury. An example of a negligent driver would be someone who was driving while intoxicated, speeding, weaving in and out of traffic, etc.


Negligent Automobile/Part Manufacturer


If the crash was the result of a defective part on the automobile, the persons hurt could file a suit against the car manufacturer. Improper labeling, poor design, and incorrectly assembled parts can hold the manufacturer liable for injuries even if no negligence is proved. An example would be if a car was assembled with no air bags causing the victim to be ejected from the car during a crash. To win the case, an attorney needs to show that the problem occurred during the assembly process and their injuries were the result of the defect. These cases are usually more complicated because professional testimony and examination is necessary to prove the flaw happened during manufacturing or after the car was sold. It must be proven that the flawed automobile was unjustly hazardous, the automobile was driven correctly, and the performance of the automobile was the same as when it was first bought.

Defectively Designed Roadways

In rare instances, poor construction, design, or lack of maintenance of the roadway can cause car accidents. Examples of faulty roadways include but are not limited to:

Improper/Insufficient Road Signs: Road signs are designed to alert motorists of upcoming traffic lights, stop signs, etc. They should be placed in easily viewable areas and well light.

Guard Rails and Traffic Barriers: This includes curbs, medians, guard rails, barriers, and speed bumps. These are installed to assist with more secure driving behavior but if any of these objects have design flaws, motorist safety could be in danger.

Roadway Embankments: When there is a bend in the road, the outside of it is made to raise up to help keep the motorist on the roadway when making the turn. If the embankment is not at the correct height for the recommended speed for the approaching vehicle, the driver may be at risk.

Poor Road Surfacing: Small indention on the outside of the road make motorist aware that they are drifting out of lane.

Traffic Control System Failure: Stop lights, Crosswalk lights, yield and stop signs help direct the flow of traffic. These devices must be fully operational and correctly placed to prevent drivers from danger. For example if a crosswalk light is out of sync with the traffic lights, a pedestrian could accidentally walk into traffic.

Wrongful Death

Losing a family member to an automobile accident is hard enough without dealing with the economic struggles that go along with it. You may have the option of filing a lawsuit for wrongful death. The family of the deceased may be eligible for damages if they show that their loved one was fatally injured due to the at fault driver’s negligence.

Types of Auto Accident Injures and Compensation Available


The ramification of injuries suffered varies because each accident is unique. More often than not, treatment for injuries and hospital bills exceed the amount covered by PIP insurance. A lawsuit will need to be filed or negotiated to receive further compensation that will cover the cost of your injuries. Some injuries that are eligible for compensation include but are not necessarily limited to:

Head injuries, Neck injuries, Permanent scarring, Whiplash, Permanent disability, Broken bones and joints, Loss of limbs,  Spinal cord injuries, Burns, Muscle and back injuries, and Wrongful death

Car accident related economic damages are designed to pay the person injured in the car accident for their financial losses. Economic damage recovery can include but is not limited to:

Lost wages: Those hurt in a car accident can possibly receive money for the wages they would have earned from the time of injury to the completion of the lawsuit. If the car accident victim did not have a job during the accident, lost wages still may be collected if the victim can prove lost earning potential after the accident.

Lost earning capacity: If your attorney can prove that your ability to earn money has been negatively affected from the car accident, compensation may be possible. The court will determine how the plaintiff would be doing if the car crash had not happened. For example if a construction worker loses a leg and can no longer work in construction.

Hospital Bills and Medical Expenses: Usually the largest expense after an auto accident, medical expense recovery would help cover bills from ER visits, hospital stay, surgeries, doctors appointments, and medical devices related to treatment.

There are other options for compensation that are more difficult to measure. These are damages that did not directly result in monetary loss or financial hardship. Some of these include payment for:

Pain and Suffering: This is the most common non-economic form of compensation and includes payment to cover the physical pain the accident victim suffered. How much money can cover the pain of a broken arm? If the claim is brought to trial, the jurors will look at the type of injury, how extreme the pain was, and how long the plaintiff is going to suffer for because of the car accident.

Emotional and Mental Strain: Compensation can be awarded to the victim for suffering mental anguish as a result of the crash. This can include post traumatic stress disorder and other emotional problems that arise after the car wreck.

Loss of Consortium: In the instance where a husband or wife is killed or severely disabled, the both of them may be able to obtain compensation for lost marital perks like affection, companionship, sexual relations. At trial, a court will look into the amount of marital benefits lost by looking into the health of the relationship and how long both partners typically would have lived if the accident had no occurred.

Punitive Damages: If it can be proven that the driver at fault caused the auto accident on purpose, punitive damages may be awarded to the plaintiff in order to punish the aggressor.


Auto Accidents Our Attorneys Take On


Orlando Car Accident Lawyer takes on a number of different personal injury claims that were cause by car accidents. For example we commonly handle wrecks that were caused by:


Head on collisions, Driving under the influence, Reckless driving, Negligent driving, Rear end accidents, Side impact wrecks (t-boned), Rollovers, Sideswipe accidents


Contacting an attorney should be a priority after a car accident in central Florida. There is a statue of limitations that prevents claims from being pursued after a certain amount of time has passed. Make sure to contact your insurance provider within 14 days after a car accident to access your $10,000 of PIP benefits. Find out more about Orlando Car Accident Lawyer and learn how we may be able to assist you, fill out our free case review form or give us a call at 407-590-9847


Orlando, FL Information And Injury Resources


Map of Orlando Car Accident Lawyer Office Location


Orlando, FL Wikipedia Page

Dealing With Uninsured/Underinsured Car Crashes in Florida


uninsured motorist car accidents in floridaWhen your PIP insurance money has run out and the at fault driver did not have insurance or had bare bones insurance that will not cover the cost of your injuries, your uninsured motorist coverage should kick in if you had it. Although more expensive, this kind of insurance is designed to help to cover the difference if the at fault driver was underinsured and unable to pay for all your expenses. If you did not have this coverage, it is a good idea to still reach out to an attorney to seek money for bills from the crash. A skilled attorney can possibly search for compensation from the driver’s homeowners insurance, your personal car insurance or even your health insurance.


Collecting money from uninsured motorist coverage can become difficult and usually needs the expertise of a professional car accident attorney. The insurance company will use their own investigation of the crash to try and cap your compensation to what they believe your accident is worth. If they offer you an amount that will not sufficiently take care what you have lost, the assigned attorney to you case might be able to submit a lawsuit against your insurance company to try and obtain more money.

Sorry, I…um… don’t have car insurance.

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How Would I Benefit From Hiring An Orlando Car Accident Attorney?

An Orlando attorney will assist with making sure you obtain the maximum benefits from the insurance company and find out if you can file claim for further damages against the people responsible for the car wreck. Where a lawyer is only able to give you advise on what to do, an attorney can actually represent you  in a court of law. After hiring an attorney, all matters regarding the accident (insurance claims, court dates, etc.) will first go through your attorney.

What To Do After You Have Been In An Auto Accident

File a police report - Call the police immediately after the crash.  Police reports usually have the names of the people involved in the car accident, their contact information, insurance information, and if any traffic laws were violated. Official documents like these are very handy in court.


Seek Medical Attention - Whiplash, headaches, and bruising are common symptoms that do not appear until a day or two after the accident. By going to the hospital after the accident, a medical record will be established even if you don't think you are hurt. Medical documents are very handy in court.


Write Down What Happened - In your own words, type or write down your version of the incident. Try to include dates, times, and locations to the best of your knowledge. Court dates often do not happen until months or even years after the accident and details often become harder to remember. A self written report will help jog your memory and can even be possibly used in court.


Photograph The Scene of the Accident - Even though the police are suppose to handle documenting and taking pictures of the accident, it does not always happen. If you are not physically able, have a friend take pictures when the accident is still fresh. You can even use your camera phone.


Complete Your Medical Treatment in Full - Don't skip or miss appointments. You need to follow through with your doctor's recommended treatment. If you stop treatment the defense may argue that your wounds were not as severe as initially thought. If your doctor recommends you physical therapy twice a week after the accident, go to physical therapy twice a week until told otherwise.


Before You Sign Any Legal Documents, Know What You Are Signing - The insurance company of the at fault driver may approach you with a liability release form, that if signed, releases them of all liability. This means you would not be able to pursue them for any damages. Don't sign anything you are not sure about without consulting with your attorney first.


Give Your Doctor The Full Truth About Your Injuries - Doctors need to know what symptoms are associated with the car accident and which are not. If you were suffering headaches prior to the crash and now they are worse, your doctor needs to know about it as the accident may have exacerbated your illness.  If we can prove that your previous injuries were made worse as a result of the accident, your compensation may be increased.


Don’t Talk To The At Fault Driver’s Insurance Company - Be careful when speaking to insurance companies after an accident. They will want to ask you about the accident, how bad your injuries are, and if you have medical insurance. Take their number and tell them you will have your attorney give them a call. Giving them too much information may hinder benefits in your claim.


Don’t Settle With The Insurance Company Before Finishing Medical Treatment - It may seem like a nice gesture from the insurance company of the at fault driver to get you paid quickly. It’s not. Do not accept any settlement until you have finished medical treatment for your injuries. It would be unfortunate if you were to sign an insurance release form only to find out you still have large medical bills coming in.


*Recommended* Contact An Attorney That Specializes In Auto Accidents - Even if you do not retain council, an experienced accident attorney will be able to give you a few simple tips when dealing with the insurance company. However, if you want to increase your chances of recovering all your accident related expenses, hire an Orlando car accident attorney.

“We Are The Front Line For Auto Accident Compensation Recovery In Orlando, FL. We Fight, So You Can Recover.”

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