Central Florida attorney lawyer practing criminal defense, traffic ticket defense, consumer bankruptcy, and arrest record sealing and expunging. Office in Orlando. Visit www.ejdirga.com.The Law Office of
Eric J. Dirga, p.a.
P. O. Box 3591
Orlando, Florida 32802-3591
Phone: (407) 841-5555
Fax: (407) 841-9090
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Home > Personal Injuries > Traffic Accident Injuries

Eric J Dirga, attorney representing the wrongfully injured.Automobile Accidents & Injuries
Professional Representation
Personal Case Review, Courteous Treatment, Honest Evaluations, Free Consultations
Statewide Representation on all Car and Truck Accident Cases

Call Eric J. Dirga PA TODAY - (407) 841-5555

Representing individuals injured in car, truck, motorcycle and automobile accidents throughout Florida.  Be treated fair, be fairly compensated, and make sure that all injuries are treated completely and professionally.

Some information about car accidents . . .

Automobile Accidents can cause long-term injuries.

Injuries that result from traffic accidents are common and serious.  The laws of every State require that every driver obtain some minimal amount of liability insurance or personal injury protection.  The reason for this is simple, car accidents happen everyday and cause many injuries every year.  This is also the reason that Florida passes new traffic laws every year that harshly penalizes abuse of the driving privilege.

Florida law requires minimal insurance coverage.  It is a no-fault state and therefore if you fail to have enough insurance at the time when you are hit by another driver you may not have enough insurance to cover the often-times life-long injuries that result.  Despite the law requiring every driver to have insurance, many Florida drivers do not.  For this reason it is always beneficial to have your insurance policy include uninsured motorist coverage.  This is to protect you from the harm caused by uninsured or under-insured drivers.

Whenever you are involved in a car crash or accident involving a motor vehicle - you should always seek medical treatment and maintain follow-up check-ups.  Under Florida law, all insurance policies have a minimum of $10,000 in personal injury protection.  If you are in a traffic accident you can used that policy first for an injury evaluation.  You do not have to settle with your insurance company before you use this part of your policy.  Often times people who are involved in an auto accident don't realize that injuries have occurred.  The violent nature of even a simple accident can cause severe strains that may not appear for weeks or months - these are called soft-tissue injuries and they are serious.  These injuries can become incapacitating if not treated immediately and for the proper amount of time.  The very nature of these injuries, their delay in onset and serious long-term consequences, are the very reason quick insurance settlements benefit only the insurance company.

Automobile Insurance Companies are For Profit Organizations.

You are involved in an accident.  You are injured.  You have automobile insurance.  No problem - or so you think.  Insurance companies want to have you pay your premiums year in and year out and then, when it is time to cover a claim, they want to tell you what it is worth.  Often times they will advertise that they pay out their claims within "so many" hours of the report.  Of course, they would love to settle all claims within a few hours because an uninformed insured will often times take much less than what the case is worth.

The reality is that once you accept their settlement all future claims are barred.  Taking a quick settlement is always in the interest of the insurance company's bottom line.  Paying on only visible injuries overlooks the potential claim for those hidden injuries that will appear afterwards - after a quick settlement prevents a claim.

Insurance companies are in the business to make a profit like all private industries.  They contract with you to insure you against the injuries that may occur due to an accident.  That is what you and your insurance company have agreed to.  Only the insurance company takes the gamble that you will never be in a car accident.  If you are not in an accident, all your premiums are their profit.  If you are in an accident, then your responsible behavior to protect that possible risk is covered.  Unfortunately, the insurance company can only try and minimize your coverage in order to protect its bottom line.  They do not want to be your health care fund because that is not profitable for them.  However, you and your insurance company have contracted for just that possibility.  It is at the point where you are injured that the terms of your contract need to be enforced - this is when an attorney is most valuable.  Review your insurance contract.  All those high limits look good on paper but what you believe your health is worth is often times at odds with the value that your insurance company places on it.

What about the other driver who caused the accident? Is his or her insurance on the line? You bet - but without an attorney on your side you are fighting an uphill battle. What is the other driver's insurance limits? Did he or she have insurance? What can you make them pay? If you ask the other driver's insurance company to pay, don't expect much.  The other driver's insurance company is also a for-profit company.

Injuries that result from automobile accidents often take repeated visits to a medical professional to diagnose and treat.  Often times an injury will lie dormant for months or years before it becomes serious.  Insurance companies know this better than any of us.  Your insurance company wants to avoid any responsibility for a long term injury because the requirements of their contract to you would be to pay you for the costs of that injury.  That is why they are so anxious to make the "quick" settlement.  Remember, it is insurance companies that come up with "actuary tables."  These are statistical formulas they use to determine what you are worth - life expectancy, etc.  Don't let them make you a statistic.

If You Are Involved in an Automobile Accident

Anticipate the possibility of being in an automobile accident. Be prepared to protect yourself.  If you are in a car or truck accident . . .

Call the police immediately. Always have a camera and take pictures of the vehicles, the accident scene, and the other drivers.  If you don't have a digital, keep a disposable camera in your car.  Take pictures of your injuries also.  Secure the accident scene. Put up flares, redirect traffic, etc. Florida law requires that the vehicles be moved out of the way of traffic as soon as possible.  Try to take pictures of the scene before you move the cars.  Record the other driver's name, address, phone number, license number, registration, and proof of insurance.

IF YOU ARE CITED AS THE AT-FAULT DRIVER continue to do all things necessary to preserve your case as noted above.  Explain your side of what happened to law enforcement.  Be clear, concise and consistent.  Do not become angry with the law enforcement officer should he cite you as the at-fault driver.  Call us immediately.

Accident citations can be defended.  Additionally, even if law enforcement decides you were at fault, in a civil trial a jury may determine that partial fault applies to the other driver.  Do not give up even if some law firms won't take your case.

Gather the contact information of all witnesses.  It will be important for these people to be contacted by your attorney at a later date. Try to convince the witnesses to remain at the scene until the police arrive. If they won't ask for their names and addresses - copy their tag numbers if they will not give you this information. 

Seek medical attention as soon as possible after the accident. Always see a doctor immediately after an accident.  Although you may feel fine now an injury could be masked by adrenaline due to the shock of this unexpected experience.  If law enforcement asks if you need medical attention you should always answer yes except in the most minor of fender benders.  Many injuries will not begin to cause noticeable pain until weeks later.  These injuries can hide for months before becoming a pain in the neck - literally.  Do not wait.  Remember, You must be seeing a doctor in order to prove your injuries.

Report the accident to your insurance company.  However, never discuss the accident with the other driver's insurance company.  They will call and ask - don't answer until you have consulted with an attorney experienced in the practice of personal injury law. Once we are hired you can refer anyone who contacts you about the accident us.  Once it is known that we are hired most calls will stop.

Your automobile insurance covers your medical expenses for injuries caused by an accident - use it.  This is the Personal Injury Protection (PIP) that we all hear about when we buy insurance.  It will cover 80% of your expenses up to $10,000.  Your Health Insurance can be used after the PIP.

Automobile damage.  Vehicles have no intrinsic value.  This means that despite your fondness for your car you are only entitled to money to replace the value of that year vehicle.  Your insurance company will cover that expense.  An attorney can ensure that you are correctly compensated for the loss of your vehicle.  If you are injured then your attorney WILL assist you in this recovery.

Contact us immediately.  We will explain your rights, options, and claims.  The Florida Bar limits an attorneys ability to contact you for the first 30 days so you must contact us during this period.  It is also the most critical period to be informed and the time that your insurance company will pressure you to settle your case.  Additionally, most attorneys can assist you in finding a doctor that will treat you.

Your insurance company is bound by their contract to you.  You have time to check out your options. Before talking to your insurance company meet with an attorney that answers all your questions and one that makes you feel comfortable.  Experience counts.

If you have been injured in an accident involving a truck or automobile call us today at (407) 841-5555.  Speak to an attorney now.

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I've never been in an accident before. Why should I not trust my insurance company?

It's not a matter of trust. You and your insurance company have a contractual relationship.  It is not a friendship or partnership. We are not trying to convince you that all insurance companies are evil and cannot be trusted. To the contrary, they provide a valuable service for our society.  However, they have their job to do and, as is the case with all private corporations, their bottom line is their incentive. Hiring an attorney when you are injured puts your concerns on the table as well when it comes to settling claims.

My insurance company is known for settling cases fast. Won't hiring an attorney slow down that process? How will I pay for my medical bills?

Yes, hiring an attorney will most likely slow down the settlement process but for good reason. Complete diagnosis of your injuries cannot be concluded in 3-7 days. An attorney can make sure that your medical bills are covered while the case proceeds and your injuries are discerned so that the settlement covers all your ailments.

How much does an attorney cost to represent me if I am injured in a car accident?

There are no initial out-of-pocket expenses. The attorney is paid through the settlement process and his incentive is to get you the largest possible settlement that your claim commands. Consultations are free so you have nothing to lose just by talking with an experienced attorney. It is often an eye-opening experience.

I think all attorneys are just out to make a buck and I don't need one - I trust my insurance company.

Attorneys are out to make money.  They are all private entities themselves.  However, unlike the attorneys that are hired by your insurance company to defend their low-end quote, an attorney you hire is on a contingency fee.  They have no incentive to draw out your claim because they are not paid by the hour.  They want you to receive the most for your claim because their pay is based on that alone.  They will also hold your insurance company to their contractual obligations.

Motor vehicle accidents are the leading cause of injury and death in the United States.

Americans drive almost 3 TRILLION miles per year.  Three million people on average are injured or killed on our roads each year. The National Highway Transportation Safety Administration's statistics regarding motor vehicle accidents for 2001 were:

>Three million people were injured in motor vehicle accidents.
>Over 40 thousand died in motor vehicle accidents.
>Almost half of the fatalities were alcohol related.
>Nearly 3 thousand children under the age of 15 were killed in motor vehicle accidents.
>Over 7 thousand young drivers (between 16-20) were involved in fatal crashes.
>Roughly three thousand motorcyclists were killed.
>Over 4500 pedestrians were killed.
>Improper use or disregarding of seat belts accounted for 63% of the fatalities.

Always have automobile insurance that contains uninsured and under-insured coverage. 
 

If you have questions please call.  We don't charge anyone for this and we will be happy to talk to you about your situation.

 

Eric J. Dirga associates with other attorneys in the field that may have particular experience dealing  with your specific circumstances.  We will ensure that your particular situation is addressed properly and professionally even if that means that we suggest you consult with another attorney better qualified to handle your particular case.  Our goal is that the client receive the best representation possible.


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Disclaimer: This web site has been designed to provide educational  information only and is not intended to offer legal advice. Every case is unique and  outcomes will vary depending upon the facts and legal issues of your case. Please do  not make any decisions about any legal matter without consulting with an attorney first.  There is no Attorney Client relationship formed by any use of the information provided.
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Last modified: April 23, 2008