Kissimmee Car Accident Lawyer

A car accident can transform your life in an instant. In a matter of milliseconds, your future can be altered as you suffer injuries or even the death of a loved one. A collision may leave you concerned about your health and the health of others involved in the accident. You may also be worried about your financial future due to the steep medical bills, lost wages and even an inability to work in the future.

If you or a loved one have suffered due to the actions or negligence of another driver, it’s wise to contact an experienced Kissimmee car accident lawyer as soon as possible to discuss your case. Based in Central Florida, personal injury attorney Robert J. Horst will work to get you the compensation you deserve, including compensation for medical expenses, lost wages and even pain and suffering.

When seeking a personal injury attorney, ideally you want a lawyer who’s caring, compassionate, knowledgeable and ready to work hard to ensure your case sees a positive resolution. That’s precisely what you’ll encounter when you trust your case to attorney Robert J. Horst. Contact his law office today to arrange a free consultation. Call (407) 601-3999.

Common Questions After a Car Accident

As an experienced Kissimmee car accident lawyer, attorney Robert J. Horst receives many questions from prospective clients, many of whom have never been involved in a lawsuit before. He believes that answering these questions and helping clients understand what to expect will serve to alleviate their fears and reduce the stress that they’re experiencing.

Do I Really Need to Hire a Personal Injury Lawyer After a Car Accident?

Many collisions are minor “fender benders,” with minor damage and no injuries. And in these cases, you generally won’t require assistance from an attorney.

But in cases involving injuries and property damage, it’s usually wise to consult a personal injury attorney as soon as possible. The more serious the injuries and damage, the more important it is to contact a legal professional. It’s not uncommon for insurance companies and the other driver to fight your attempts to get the compensation you’re rightfully owed. Generally, drivers who attempt to get compensation on their own only see a small fraction of what they’re actually entitled to receive.

A top Kissimmee car accident lawyer like attorney Robert J. Horst can work to ensure that your case sees a favorable conclusion.

What Kind of Compensation Would I Be Eligible to Receive?

An auto accident lawyer will work to provide evidence that the other party was at fault for your injuries and other damages. If successful, you may be eligible to receive compensation for these damages which may include:

  • Past, present and future medical costs;
  • Lost wages due to an inability to work (temporarily or permanently);
  • Property damage and/or damage to your vehicle;
  • Any disfigurement or permanent disability (and the expenses associated with your disability or disfigurement);
  • Emotional distress and physical pain; and
  • Loss of consortium (interruption of your personal relationships).

How Much Will It Cost to Hire a Kissimmee Car Accident Lawyer?

Most Kissimmee car accident lawyers, including attorney Robert J. Horst, accept auto accident cases on a contingency basis, meaning there is no up-front retainer fee required. The attorney receives a portion of any settlement or awards that you receive in court.

What Do I Have to Prove in a Florida Personal Injury Lawsuit?

In most personal injury claims, including a car accident with injury, you will need to prove that:

  • The other person had a duty to avoid harming you, but failed to fulfill that duty;
  • This individual’s failure directly caused your injuries; and
  • You suffered injuries and/or damages.

Notably, Florida is a “no-fault” state, meaning that your car insurance will pay for injury/damages from an accident. Each driver must carry a personal injury protection or PIP policy of at least $10,000 per accident.

That said, you can file a personal injury lawsuit if you have suffered serious injuries in an auto accident. Serious personal injury is defined as:

  • Significant injury, which can include permanent loss of a vital bodily function;
  • Permanent injury, as determined by a medical professional;
  • Significant disfigurement/scarring; and
  • Death.

With the exception of death, these terms are open to interpretation so you will need to consult a knowledgeable Kissimmee car accident lawyer to assist with your case. Your attorney will help you put forth sufficient evidence to meet this burden of proof.

What if There’s More Than One At-Fault Driver?

There are many accidents involving more than one liable party. For instance, a collision may have been caused by two drivers. In this case, you may have a viable claim against both drivers. Fortunately, Florida has laws in place to help guide proceedings when multiple individuals are potentially at fault.

Florida assigns percentages of fault for each accident. So anyone who holds fault of 10% or less is not financially liable for your injuries. However, a person who holds between 11% to 25% of the fault may be liable for up to $500,000. Anyone who is between 26% and 50% at fault is liable for up to $1 million. A person who holds 51% (or more) of the fault in an accident is liable for up to $2 million.

What if I’m Partially at Fault for an Accident? Can I Still File a Personal Injury Lawsuit?

It is usually possible to file a personal injury lawsuit in Florida, even if you’re partially at fault for the accident. But this state does have comparative negligence laws. Therefore, if you hold partial responsibility for the accident, any potential awards will be less than if you were totally blameless for the collision.

So, if you are partially at fault, and another party is 20% at fault, that other party would only be liable for up to $250,000. If the driver is between 26% to 50% at fault, the most you might receive is $500,000. If the other person is more than 50% at fault but you are partially to blame as well, you may only receive up to $1 million for your injuries.

What is the Florida Statute of Limitations for Car Accidents?

Like all states, Florida’s statute of limitations places a cap on how long you have to file a claim. For personal injury cases, including an auto accident lawsuit, you have a period of four years from the date of the accident.

If you fail to file a claim within this timeframe, the court will usually refuse to hear the case. However, if you did not immediately realize that you suffered an injury as a result of the accident, you may be granted a slightly longer timeframe for filing a claim.

Kissimmee Car Accident Lawyer

Is There a Limit to How Much I Can Recover in Damages Following a Florida Car Accident?

The State of Florida does have laws that limit punitive damages. Punitive damages are not designed to compensate for your loss; rather, they are intended to penalize or punish the guilty party in cases when they were negligent or reckless.

For example, if you were seriously injured by a drunk driver who had a blood-alcohol level in excess of the legal limit, then you may be eligible to receive punitive damages on top of your personal injury claim.

For most cases, your punitive damages are limited to three times the compensatory damages or $500,000 – whichever is greater.

Hire a Top Kissimmee Car Accident Lawyer to Defend Your Case

If you’ve been injured in a car accident, you should trust your case to an experienced legal professional who can maximize your chances of seeing a fair outcome to your case.

Kissimmee car accident lawyer Robert J. Horst represents clients throughout Central Florida, including in Orlando, Daytona Beach and St. Cloud.

If you’ve been involved in a crash, contact our law office to discuss your case in a free consultation. But take action soon, so you don’t miss out on your chance to see justice in your case. Call (407) 601-3999.