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of Going Through the Process of a Personal Injury Claim

The team at Dismuke Law understands how our clients are affected by accidents and brings that empathy to the courtroom and settlement table every day.

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Recent Car Accidents Blogs:

The at-fault party’s insurance company will immediately launch an auto accident investigation to reduce their payout.

This investigation includes taking statements from the parties and witnesses and collecting physical evidence, such as photographs and even the damaged vehicles.

While the insurance company attempts to avoid liability, most auto accident victims are left to deal with the personal and financial effects of the trauma. This reality is why it’s important to have a specialist on your side. We won’t let the insurance company take advantage of you.

Most people avoid doctor appointments after a vehicle accident. However, after a severe auto crash, it is important to follow medical advice to give yourself the best and fastest chance to heal.

Seek medical care immediately after an injury and avoid missing appointments with your healthcare professionals.

Your auto accident case value is determined by evidence from several places, especially your doctors. Most people who require treatment will get better; however, some catastrophic injuries require lifelong care.

After an accident, document what future needs may be necessary. It is also important to tell your doctors about past issues.

The doctors need to give opinions about new injuries and prior injuries that were possibly exacerbated. Failure to provide your doctors with accurate information may damage your credibility and undermine your doctor’s findings.

After Lakeland, FL, car accident, you must demonstrate that your injury is permanent to receive compensation for pain and suffering, disability or physical impairment, deformity, mental anguish, inconvenience, or loss of capacity for enjoyment of life.

To be considered a permanent injury, it must include:

A significant and permanent loss of an important bodily function.

Permanent and significant scarring or disfigurement.

An injury that the evidence shows is permanent to a reasonable degree of probability.

Maximum medical improvement is when an injured patient’s condition cannot be further improved or when a healing plateau is reached.

It can mean the patient has fully recovered from their injury, or their condition has stabilized, and no substantial change can be expected. Maximum medical improvement does not mean the patient will not receive future care.

Sometimes, future care is designed to help with functionality or pain levels and will not cure the condition. This kind of treatment following a car wreck is called “palliative care.” Palliative care is a multidisciplinary approach to specialized health care for people with severe conditions.

It focuses on providing patients with relief from the symptom or pain. Such therapy aims to improve the patient’s quality of life.

After getting the care you need, obtaining good advice and counsel is important for your future. Hiring the right personal injury attorneys can make a difference in your case. If you need legal assistance, contact one of our car accident specialists.

If you hire a lawyer on contingency, you will likely pay the same percentage fee whether your lawyer is a first-year lawyer with little or no experience or a board-certified specialist by the Florida Bar.

Car accidents happen every day, and the consequences can range from minor inconveniences to life-altering injuries. In the aftermath of a crash, you may find yourself dealing with painful injuries, expensive medical bills, and complex insurance claims. On top of that, determining who is responsible and navigating the legal process can add significant stress. Knowing your rights and understanding the legal options available to you is crucial in protecting yourself and securing compensation for your damages.

At Dismuke Law, we focus on helping car accident victims throughout Central Florida get the justice and compensation they deserve. Led by Board-Certified Civil Trial Lawyer David C. Dismuke, our firm takes a personalized approach to every case, ensuring that no detail is overlooked. With decades of experience in car accident cases, we have the knowledge and resources to fight for your best outcome.

When Can You File a Personal Injury Claim After a Sebring Car Accident?

If you were involved in a Sebring automobile accident, you could pursue compensation by filing a personal injury claim against the at-fault driver. According to Florida Statutes section 95.11(3)(a), you have two years to file an automobile accident claim against the negligent parties. You must file your auto accident claim soon after you receive medical care. Depending on the severity of the crash, you may have more or less time to file.

One of our personal injury attorneys can tell you exactly how long you have to file. Plus, we can help you handle any paperwork that you need to fill out.

How Does No-Fault Car Insurance Work?

The first thing you should know is that Florida is what is known as a “no-fault” car insurance state. If you were involved in a car accident in Florida, you will likely need to file a claim through your personal injury protection (PIP) insurance coverage, regardless of who caused the collision. You may file a claim against the at-fault motorist if your damages exceed your coverage amount.

The next thing to know about filing a Florida car accident claim is that they are subject to the state’s pure comparative negligence rule. Under this rule, you may still bring a claim against the other driver’s insurance company (after your own PIP coverage has been exhausted) even if you were partially at fault for the accident. However, your financial recovery will be reduced by the percentage of fault you have. For example, if a jury finds you 60% at fault for the accident, you will only be able to recover up to 40% of the total award. If you exhaust your PIP coverage and want to file a claim, you must show the at-fault driver or another party was negligent.

What Are Common Causes of Car Accidents in Sebring?

Showing that another motorist was reckless and that this behavior led to your accident injuries is a critical element to your car accident claim. Filing a claim or accident lawsuit is how you establish that another driver is liable for your damages, including your medical bills, lost wages, and pain and suffering.

The following are a few of the most frequent examples of negligence-related causes of automobile accidents:

  • Distracted driving (including texting while driving)
  • Driving while intoxicated or under the influence of alcohol or drugs
  • Fatigued driving or falling asleep at the wheel
  • Violating traffic laws
  • Inexperience leading to driving errors
  • Careless driving, such as making unsafe turns
  • Defective auto parts, including tires, brakes, seatbelts, and airbags
  • Defective or dangerous road construction and design

Regardless of the cause of your accident, an experienced attorney can investigate your case and work to establish liability on your behalf. 

A Sebring Car Accident Lawyer Can Help Determine the At-Fault Party

Auto accidents are not always caused by another driver’s negligence. In some cases, external factors like defective car parts or hazardous road conditions can lead to serious accidents. For instance, if a faulty brake system, a malfunctioning airbag, or poorly designed tires contribute to a crash, the manufacturer of those parts may be held responsible for the resulting damages.

Similarly, if unsafe road designs or improper maintenance, such as inadequate signage or poorly maintained roads, play a role in the accident, the construction company or government entity responsible for road safety could also be liable.

A Sebring car accident lawyer can help you identify all responsible parties by conducting thorough investigations into how the accident occurred. We understand the complexities of product liability and roadway negligence, and we work diligently to ensure that all possible avenues for compensation are explored. With extensive experience in this area of law, our team will aggressively pursue maximum compensation for your economic damages — such as medical bills and lost wages — as well as non-economic damages, including pain and suffering. Let us help you hold the appropriate parties accountable and secure the financial recovery you deserve.

What Damages Can I Recover for My Car Accident Injuries?

After a severe accident, the costs of taking care of your injuries can add up quickly. We understand that piles of bills can delay your recovery. One of our personal injury lawyers can help you recover damages, including:

  • Loss of income
  • Medical bills
  • Pain and suffering
  • Loss of quality of life
  • Punitive damages
  • Property damage, including vehicle repairs
  • Wrongful death

Our team will hold the at-fault parties responsible for their actions. We’ve been helping injured people get fair compensation for years. When you need effective legal representation, our team can be there for you and tell you how much your case is worth.

How Can I Tell if My Car Accident Qualifies for Punitive Damages?

Punitive damages are a special type of damage you can recover after an accident. A car accident attorney must prove that the negligent driver purposely harmed you in order for you to receive this damage.

After a lawyer provides the evidence that the negligent party deliberately harmed you, a judge or jury reviews your case and determines if you qualify for the damage. If you do, the judge will award damages for your injuries.

Can a Sebring Car Accident Attorney Help Me Deal With the Insurance Company?

When you have to meet an insurance company representative (for example, an insurance claims adjuster), it can be intimidating. This is why you should have an experienced attorney in Sebring by your side. Insurance companies seek to retain as much money as possible for their bottom line.

If you approach the insurance company without an experienced lawyer, you could get taken advantage of and lose out on a fair settlement. Our team can defend you and your settlement by fending off tactics auto insurance companies use to reduce your accident injury payout.

Why Choose Dismuke Law for Your Car Accident Case

At Dismuke Law, we understand that the aftermath of a car accident can be overwhelming. From navigating Florida’s no-fault insurance system to identifying liable parties and calculating damages, the legal process can be complex and frustrating. With years of experience handling car accident cases throughout Central Florida, we are dedicated to helping you secure the compensation you need to cover medical expenses, lost wages, and other damages. Our Board-Certified Civil Trial Lawyer, David C. Dismuke, leads our firm with a focus on personalized service and a commitment to achieving the best outcomes for our clients.

With a proven track record of success and the knowledge to handle even the most complex cases, Dismuke Law is ready to fight for your rights. Contact us today at (863) 250-5050 or complete our contact form for a free consultation.

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We Care About Your Recovery

Seriously injured? Have no coverage? We want to talk to you and we can help. We have two convenient office locations in Lakeland and Tampa and can even come to you if you are unable to travel due to your injuries. When you’ve been hurt in Florida, 1-800-ASK-DAVE is the only number you have to remember.

WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
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WHAT IS MY AUTOMOBILE ACCIDENT CASE WORTH?
CLICK HERE TO FIND OUT!

Contact Us Today