Kissimmee Car Accident Lawyer

At Michael T. Gibson, P.A., Auto Justice Attorney, we understand the devastating impact a car accident can have on your life and the lives of your loved ones.  Call us at (407) 422-4529 for a free consultation, we are here to help.

Did you get hurt in a car accident in Kissimmee, Florida?  Many people who experience such accidents face serious, sometimes life-changing injuries. Car accidents are common incidents in Kissimmee, especially along U.S. 192. The road is only a 75-mile stretch but is one of the deadliest highways in Florida. If you have been involved in an accident on one of our highways, we understand how devastating the aftermath is. Between nursing injuries and managing the piling medical bills, you barely have the emotional strength to deal with the complex legal intricacies involved in the compensation process.

Do You Need a Kissimmee Car Accident Lawyer?

At Michael T. Gibson, P.A., Auto Justice Attorney, we are committed to walking victims and their families through this challenging recovery journey. Our team of experienced Kissimmee car accident lawyers work tirelessly to fight for clients and secure the justice they deserve. No matter the nature of your case, you can count on us to provide you with the best representation possible. Our firm boasts of big law firm capabilities with a small firm feel – and we work in close collaboration with doctors and medical providers to build a strong case and present a solid defense to prove your case.

If you are looking for a Kissimmee car accident lawyer to help you get compensation from the at-fault party, contact us for a free consultation.

Understanding Car Accident Law in Florida

Florida is a no-fault state, meaning an accident victim can recover compensation through their personal injury protection (PIP) coverage. However, you may still be able to recover your damages by submitting a claim against the at-fault driver. 

Unlike in other states where a victim might be unable to recover damages if they were found to be more than 50% liable for the accident, Florida follows the pure comparative negligence rule. This means you are eligible for compensation – proportionate to your percentage of fault – even if you were 99% liable for the accident.

In most cases, personal injury cases are settled before trial. But in the event the insurer fails to settle fairly, necessitating going to trial, our team is always ready to escalate the case to the court. The statute of limitations for personal injury claims – the deadline within which you must file a lawsuit – is two years from the accident date. Once we take up your case, we are keen to observe the timelines for claim submission and negotiations, leaving adequate time to file a lawsuit should the need arise.

What To Do After a Car Accident in Kissimmee?

If you had a car accident recently, you are likely to have sought medical treatment. Even if you had a minor accident and did not suffer any noticeable injuries but only sustained property damages, it is always advisable to get a thorough medical check-up. Some injuries like whiplash or TBI may take even weeks to manifest and then worsen over time.

Filing a claim should generally wait until you reach maximum medical improvement (MMI). If you file earlier and get settled before reaching MMI, only to discover you need further treatment later, you cannot request additional compensation from the insurance company. However, you should not wait until you reach MMI before commencing case preparation. It is important to begin right away, as evidence preservation is essential. For instance, if you wait too long to record eyewitness statements, they might forget important accident details that could help strengthen the case. Other evidence such as CCTV footage of the accident scene could also be deleted.

Following an accident, it is important to contact an experienced car accident lawyer as soon as possible. Once you approach us at Michael T. Gibson, P.A., Auto Justice Attorney, we own up the case and handle every detail, including contacting the insurance company, getting the police report, gathering scene evidence, recording eyewitnesses, sourcing for expert statements, and collaborating with medical providers. 

What Kind of Damages Am I Entitled to After a Car Accident?

Insurance compensation following a car accident seeks to reinstate you to the financial position you were in before the accident happened. Whether you suffered injuries as a passenger or your car was crashed into by another driver, you are eligible for compensation for your damages. Depending on your injuries and their impact on your life, you may qualify for the following damages:

• Medical expenses: You are entitled to compensation for all the medical costs you have incurred and those you are likely to incur in the future. We sum up your medical bills and work with your medical providers to get an estimate of any potential costs you are likely to incur until full recovery. 
• Lost wages: If the injuries led to hospitalization or require you to stay away from work to recover, you are entitled to compensation for the lost wages. In the case of incapacitating injuries that hinder you from doing the work you used to do before the accident, we work with experts to calculate the cost of lost earning capacity.
• Property damage: If another motorist crashed into your car, resulting in damages, you are eligible to claim compensation for the cost of repairs or replacement if the car was totaled. 
• Pain and suffering damages: Besides the economic damages (quantifiable losses), you are entitled to non-economic damages, commonly known as pain and suffering damages. This benefit seeks to compensate you for damages such as physical pain, loss of quality of life, mental anguish, disfigurement, inconvenience, embarrassment, emotional distress, loss of companionship, depression, anxiety, etc. 

Wrongful Death

If you are a family member of a deceased victim who died in a Kissimmee car accident, you may be eligible to claim wrongful death damages. In Florida, family members have two years from the date of demise to file a wrongful death claim for a deceased accident victim. Possible eligible damages include:

• Medical expenses: Cost of treatment incurred by the deceased before their death.
• Lost wages: Family members may be eligible to receive the income the deceased would have earned in the future.
• Funeral and burial expenses: Costs incurred to prepare for the funeral and burial of the deceased are also eligible for compensation.
• Pain and suffering: Family members are eligible to receive pain and suffering damages resulting from losing their loved ones. These may include loss of consortium, loss of inheritance, loss of parental support and guidance, and loss of companionship.

Should I Hire a Lawyer After a Car Accident in Kissimmee?

Working with an experienced car accident lawyer to navigate the aftermath of an accident is always in your best interests. While it is not a guarantee for compensation, it significantly increases your chances of getting a fair settlement as opposed to representing yourself. Besides, at Michael T. Gibson, P.A., Auto Justice Attorney, we represent clients on a contingency basis, meaning we only get paid if we secure the settlement. 

Some of the benefits of hiring a car accident lawyer include:

• Investigate the case: A lawyer helps investigate the case to establish the liability of the at-fault party/parties. From gathering footage to interviewing eyewitnesses, sourcing for police reports, and analyzing medical reports, a lawyer leverages their experience in car accident claims to build strong evidence to support the claim.
• Calculate damages: An attorney collaborates with doctors and experts and then calculates damages that fairly compensate for current and future losses. 
• File claim: A lawyer understands the right timing for filing a claim. They work closely with your doctor to know when you reach maximum medical improvement to file the claim while ensuring you do not miss the statutory filing deadlines.
• Negotiate the claim: A lawyer works in your best interests to ensure you receive the maximum possible compensation, unlike insurance companies whose interest is to minimize losses by settling for as little as possible. An attorney is familiar with the tactics used by insurance adjusters and knows how to counter them to get you the settlement you deserve.
• Leverage their knowledge: Experienced car accident attorneys leverage their extensive knowledge of state and local laws to navigate complex compensation claims and protect the victim’s rights. 
• Prove fault: To be eligible for compensation, a claim must satisfy the four elements of negligence – duty of care, breach of duty, causation, and fault. A lawyer gathers the necessary evidence to build a strong case and prove the elements of negligence. 

Have You Been Injured in a Car Accident in Kissimmee?

Call a lawyer at Auto Justice Attorney
Law Firm to discuss your case

Get A Free Consultation

or, give us a call at (407) 422-4529.

Will My Immigration Status be Affected if I File a Personal Injury Claim in Florida?

In Florida, filing a personal injury claim will not affect your immigration status. Florida law generally prohibits the introduction of a plaintiff’s immigration status in negligence cases because it can unfairly prejudice the jury. This rule aims to prevent the jury from focusing on the plaintiff’s immigration status rather than the merits of the case. There’s a narrow exception where immigration status can be considered, specifically relating to claims for lost future earnings, but this does not apply to claims for personal injuries or wrongful death. Therefore, your immigration status should not deter you from seeking justice or compensation for personal injuries in Florida.

A further explanation of your rights as an accident victim as an immigrant

Under settled Florida substantive law, the illegal alien status of a plaintiff in a negligence action is generally inadmissible because it is “unfairly prejudicial because it [makes the injured party’s] . . . illegal alien status the focus of the jury’s attention.” Maldonado v. Allstate Ins. Co., 789 So.2d 464, 469 (Fla. 2d DCA 2001).

In Maldonado, the Plaintiff, an undocumented alien from Mexico, was injured in a motor vehicle accident. After applying for PIP benefits, he was denied because the carrier claimed he was not a resident of Florida. Id. at 466. The insurer’s attorney during trial “made [the plaintiff’s] alien status the central feature of the trial.” Id. Defense counsel “cross-examined him extensively on his use of a fake social security number [and] his intention to work in Florida without appropriate work credentials . . .” Id. The purpose of the questioning was, ostensibly, to argue he was not a resident because it is impossible for a resident to be deported, something the plaintiff faced as an illegal alien. The court found the plaintiff’s illegal alien status was not probative of his intention to stay in Florida as a resident. Id. at 470. Rather, his illegal status “was employed [by the defendant] to prejudice the jury against him . . . and any limited probative value [the plaintiff’s] illegal alien status may have had was fairly outweighed by unfair prejudice, confusion of the issues and misleading the jury.” Id., citing Florida Rule of Evidence 403. See also O’Neil v. Gilbert, 625 So.2d 982 (Fla. 3rd DCA 1993) (prejudicial to use of illegal alien status to impeach witness for bias).

There is a very narrow exception to the general prohibition against introducing evidence of a plaintiff’s immigration status in a negligence action.

In Villasenor v. Martinez, 991 So.2d 433 (Fla. 5th DCA 2008), during a personal injury/negligence trial, the plaintiff filed a motion in limine to preclude evidence of her immigration status. Id. at 434. In upholding a lower court ruling, the 5th DCA found that the trial court’s ruling “allowing evidence of [the plaintiff’s] illegal immigration status on the limited issue of her claim for lost future earnings” was not error. Id. at 437 (emphasis added). The court found that her “status as an illegal alien is indeed relevant to her ability to obtain lawful employment in the United States . . . [and] her status is relevant to the calculation of the wage rate on which projected future earnings should be based …” Id.

Finally, absent express legislative intent, a Florida court cannot limit an undocumented alien’s recoverable wrongful death damages in a negligence action merely because of his status as an undocumented alien. See Enterprise Leasing Co. v. Sosa, 907 So.2d 1239 (Fla. 3rd DCA 2005). Sosa involved a wrongful death claim arising from the death of an undocumented alien in a motor vehicle accident. The appellate court upheld a ruling allowing the estate of the undocumented alien to recover loss of net accumulations, support and services under Florida’s Wrongful Death Act, which the defendant had tried to strike. Id. at 1242. The 3rd DCA found that the Wrongful Death Act contained detailed provisions but contained no prohibition against the estates of undocumented aliens claiming such damages. Id. at 1241. “In a state like Florida where such a large portion of our population is foreign-born, we can only assume the legislature saw no need to deprive the survivors of the decedent from the benefits of the Act, [which] . . . shift[s] the losses resulting from wrongful death from the survivors of the decedent to the wrongdoer.” Id. at 1242 (citing Florida Wrongful Death Act).

1. Based on Established Florida Law there is no Limitation to the Plaintiffs’ Recovery of Future Medical Care/Lifecare Expenses, Rendering theirImmigration Status Irrelevant and Undiscoverable

Given the significantly high risk of prejudice to a plaintiff-undocumented alien, a very narrow exception is carved out of Florida’s general rule prohibiting evidence of undocumented alien status. Maldonado, Villasenor, supra. This narrow exception only applies where the plaintiff-undocumented alien is claiming loss of future earnings. Villasenor, 991 So.2d at 434, 437 (only admissible on “limited issue of . . . future earning potential) (emphasis added). Mr. Hernandez and his wife are not making a claim for loss of future earnings (and by extension, for loss of support). See Operative Complaint. Thus, their immigration status is neither relevant nor discoverable under the law of the forum state.

Moreover, the Defendants cannot cite to any Florida State court case, or any court applying Florida substantive law, holding that a plaintiff’s undocumented alien status is in any manner relevant to his claim of future medical care/lifecare expenses necessitated by the fault of another.

In fact, no case or statute, from anywhere, limits a Florida plaintiff’s right to recover personal injury damages for future medical care/lifecare expenses by dint of alien status alone. Applicable Florida damages law in tort actions makes no such distinction, and in light of Sosa, neither should this Court. To do so would “allow the wrongdoer… to escape liability merely on the fortuitous legal status of the decedent.” Sosa, 907 So.2d at 1242.

The well-entrenched federal policy applied in diversity actions, the “outcome – determinative test,” has the sole purpose of ensuring that the outcome of a federal case based on diversity, where the federal court must apply the forum state’s substantive law, “[would] be substantially the same … as it would be if tried in a [Florida] State court.” Cohen, 184 F.3d at 1296.

In the case at bar, it is clear and unequivocal that a Florida court would find a plaintiff’s undocumented alien status relevant only in a personal injury claim where the plaintiff claims lost future earnings. Thus, if this matter were tried in a Florida court applying Florida substantive law, the Plaintiffs’ immigration status would not be deemed relevant. See discussion and cases, supra.

To hold that Mr. and Mrs. Hernandez’s immigration status is relevant, where no such claim for lost future earnings (or support) has been asserted, would be in direct contravention of Florida substantive law and therefore counter to the “outcome – determinative test.”

Guadalupe HERNANDEZ and Marlene Jeronimo, his wife, Plaintiffs, v. ALTEC ENVIRONMENTAL PRODUCTS, LLC, Altec Industries, Inc., and Asplundh Tree Expert Co., Defendants., 2013 WL 9674906 (S.D.Fla.)

In short – under governing Florida law today, a Plaintiff’s immigration status is irrelevant and not admissible in a claim for personal injuries, like a car accident, or a claim for wrongful death. Thus, prospective Plaintiff’s should not let their immigration status deter them from bringing a claim if they have one.

Kissimmee Car Accident FAQs

What if the other driver was uninsured or underinsured?

If the at-fault driver lacks sufficient insurance, you may need to file a claim under your own uninsured/underinsured motorist coverage if you have it.

How do you determine who is at fault in a Kissimmee car accident?

Florida is a no-fault state, you can recover compensation through  personal injury protection (PIP) coverage. However, you may submit a claim against the at-fault driver to recover rightful compensation. Fault is typically decided based on state laws and specific details of the accident. Florida’s comparative negligence rule may reduce your compensation if you are found partially at fault.

What types of compensation can I recover from a Kissimmee car accident claim?

You can potentially recover damages for medical expenses, lost wages, property damage, pain and suffering, and other damages. However, compensation depends on different factors such as severity of injuries and specific details of your car accident case.

Contact a Kissimmee Car Accident Lawyer Today!

If you have recently been involved in a car accident in Kissimmee, we understand the pain and stress you may be going through right now. While you may be eligible for compensation, navigating insurance claims can be frustrating. Entrusting the legal burden to an experienced auto accident attorney is the best move in this situation.

At Michael T. Gibson, P.A., Auto Justice Attorney, we are committed to easing the burden for you by providing you with compassionate and aggressive representation. Our personal experiences dealing with accident aftermaths fuel our passion and commitment to provide the best legal representation possible to accident victims and their families. No matter the injuries you sustained or the circumstances surrounding the accident, we are ready to listen to you and guide you on the next steps. Contact us today or call us at 407-422-4529 for a free consultation and brief us on your case details.