If you've been injured in an accident, you know that it is a serious matter that deserves immediate attention from a Florida personal injury lawyer who is qualified to handle your claim. I have been helping injured individuals and families for more than 35 years in Central Florida area. I personally handle all cases from start to finish and I do not delegate your case to a junior attorney.
You can feel confident that my personal and proactive approach to your accident will give you a strong void and will protect your rights during the recovery process.
I don't accept the premise that there is a bias against auto/truck accident victims in the legal system or that an auto accident or truck accident victim should receive less that he or she deserves from a settlement or verdict. Call toll 407-628-4871 to schedule a free consultation with me, R. David Ayers, Jr.
Insurance companies do not have your best interests in mind and will often work to limit the amount of money they have to pay out to accident victims. Do not talk to the insurance company or sign anything, since you may not know the true value of your case, and may be entitled to a lot more than the company is offering.
I am an Orlando native with over 35 years experience, handling automobile and motorcycle injuries, as well as slip and falls, dog bites and other types of cases.
If you’ve been injured in an accident, you know that this is a serious matter that deserves immediate attention from a Florida personal injury lawyer who is qualified to handle your case. I have been helping individuals and families for more than 35 years in Florida. I personally handle all cases from start to finish and I do not delegate your to a junior attorney.
I’m a Board Certified Civil Trial Lawyer, specializing in personal injury cases. Less than 2% of Florida lawyers are board certified civil trial specialized. I’m also rated AV, which is the highest rating given to lawyers by their peers for ethical standards and legal ability.
Florida law provides for specific damages to persons injured in automobile accidents, truck accidents, and bicycle accidents. If the driver of a car or truck causes an automobile or truck accident the injured party is entitled to recover damages. Florida has a comparative fault system. That means both the claimant and defendant can be at fault and the claimant still may recover damages for their injuries. Most of the time the claimant can recover damages to the same extent or degree that the defendant is at fault. If the driver of the motor vehicle is not the owner, the owner is also responsible as long as the driver is driving the vehicle with express or implied permission and consent of the owner.
Florida law allows the claimant, if fault is established, to recover for intangible damages of pain, suffering, inconvenience, mental anguish, and lack of capacity for enjoyment of life, present scarring and disfigurement as well as future, present medical expenses and future lost wages.
Disability is not required under Florida law, or is a functional impairment.
It is necessary for the treating doctor to opine that the injured party’s injury is permanent to some degree.
The claimant is also entitled to recover their medical expenses from present and future as well as their loss of wages. These damages are recoverable against the at fault party and their insurance company. There is no exact amount to determine these damages. It depends on the nature of the accident and the injuries involved. There is no maximum limit.
Insurance companies do not have your best interests in mind and will often work to limit the amount of money they have to pay out to accident victims. Do not talk to the insurance company or sign anything, since you may not know the true value of your case, and may be entitled to a lot more than the company is offering
No-Fault Insurance (PIP):
The injured party normally has insurance through their own car they are in, or the car they are riding in, or through any relative they are residing with at the time of the accident that has motor vehicle insurance. The injured party’s own insurance, through their car or the car they are in, or the motor vehicle insurance of a relative he or she lives with, normally covers 80% of the injured party’s medical expenses and/or 60% of lost wages, up to $10,000. The injured party often has medical payments coverage that covers additional medical expenses the injured party incurs.
Uninsured/Underinsured Motorist Insurance:
Additionally, often uninsured or underinsured motorist insurance is available to the claimant for their injuries through their own policy or the car they are in or through the relatives they live with. The injured party may be covered for uninsured motorist coverage if the at fault driver and/or owner has no insurance or inadequate insurance to cover the injured party’s damages. Often the injured party can make a claim against the at fault driver and/or owner’s insurance and the injured party’s own uninsured motorist coverage.
Uninsured or underinsured motorist insurance covers the claimant for their medical bills in the past and future, lost wages in the past and to be experienced in the future, their pain, suffering, inconvenience, lack of capacity for enjoyment of life, mental anguish, scarring and disfigurement in the past and to be experienced in the future.
Often an injured person is covered for uninsured motorist insurance not only on the car they are in at the time of the accident but also other cars where there is an insured with uninsured motorist insurance coverage.
It’s important to gather all medical information from a doctor, hospital, physical therapist, MRI’s and other medical providers to establish the nature and extent of the injury. Medical bills, medical records, X-Ray reports, MRI, diagnosis and prognosis of the injured person’s medical condition is obtained.
When the injured party reaches a point of maximum medical condition, settlement is often obtained. If not, a lawsuit can be filed against the responsible parties. If thereafter the claim is not settled, a jury of six (6) people would decide the injured party’s claim after listening to witnesses and reviewing evidence. The jury would decide who is at fault and what damages the claimant is entitled to.
The claimant is also entitled to recover for property damage caused by the accident from the at fault party’s insurance and/or their own insurance company. The claimant is entitled to have their car repaired as near as possible to the condition it was in before the accident, or if it costs more to repair the car than it is worth, to the total loss of the vehicle. The claimant is also entitled to any towing, storage or rental car expense until the repair is complete or until an offer is made on the total loss of the vehicle.
Truck accident law is similar to car accident law with some minor differences. The injured party is entitled to recover for medical expenses, lost wages, pain and suffer, mental anguish, inconvenience and other expenses.
Mr. Ayers has for 35 years, settled and tried numerous car and truck accidents throughout Florida and has been successful in recovering for his clients.