What if I have been injured in an automobile accident?
Under Florida law, if a person is injured in a collision, or if there is significant property damage, the police must be called to investigate the accident. Even if the police do not come, it is essential that you obtain the name, address, insurance company and policy number of each person involved in the accident. You should also get the name and address of the owners of the vehicles in the accident and the tag numbers of all the vehicles in the accident.
If there are independent witnesses to the accident, you should get their names, addresses and telephone numbers as well.
While you must report a collision to your auto insurance carrier in order to preserve your right to make a claim under your policy, generally speaking there is no obligation to speak with the insurance carrier of the other driver. Often it is not in the best interest of an injured person to speak with the opposing insurance carrier without the advice of the lawyer.
What should I do if I have received injuries by slipping and falling down?
Business owners and home owners have a duty to those they expressly or implicitly invite onto their premises, to take reasonable care to prevent the existence of a dangerous condition on their property. This duty includes not only refraining from creating dangerous conditions but also inspecting their property at reasonable intervals to make sure dangerous conditions have not arisen by the acts of others. Further, property owners have an obligation to invitees to warn them of hidden dangerous conditions that the property owners know of or would know of if they exercised reasonable care.
This field of the law is referred to as "Premises Liability." Typical examples of Premises Liability include instances where a grocery store owner fails to inspect the floor for slippery debris at reasonable intervals, where a business owner creates a dangerous condition such as placing an electrical cord across a doorway or where a business owner fails to provide reasonable security, taking into consideration the amount of crime in the neighborhood where the store is located.
What is my case worth?
The value of cases are based upon numerous factors including liability, i.e. who was at fault, and the significance of the injury. Personal injury victims are entitled to financial compensation for elements of damage including past medical bills, future medical bills, past wage loss, loss of earning capacity in the future and pain and suffering. There is no exact formula to determine how much a case is worth and each case should be evaluated on a case by case basis. Our vast experience in handling thousands of cases gives us an approximate value of your case.
How do I know if I may make a personal injury claim?
For our firm to represent you in a personal injury case, you must have been seriously injured through the fault of someone else. The injuries may be physical and/or mental or emotional.
What if the accident is partly my fault? Can I still have a claim?
In Florida, even if an accident was partially your fault, you still may have a claim based on the concept of comparative negligence. The term "comparative negligence" refers to negligence by an injured person that may have contributed to causing that persons own injuries. Under comparative negligence concepts, the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused.
How do I know if I need a lawyer?
If you have been seriously injured or are unsure as to whether your injuries will permanently affect you, then you should consult an experienced personal injury lawyer before you give any statements or sign any papers.
Insurance companies have conducted studies showing that they generally pay injured people less money if the injured people do not have lawyers. This is why insurance companies often encourage injured people not to hire lawyers. From the insurance companies perspective, it makes good business sense to discourage injured people from hiring competent help.
But from the standpoint of the injured person, it is important to hire a lawyer as soon as possible. Our firm offers a free consultation, with no obligation to hire us. If you have questions about an injury claim, you should contact a law firm as soon as possible after you are injured so as not to do anything (such as giving statements or signing papers) that might limit your ability to make a claim.
If I have a personal injury claim, do I have to go the Court?
While most injury claims are settled out of Court during discussions between lawyers and the insurance companies, some cases do go to trial. The decision of whether to submit your case to a jury, should be made with the advice of your attorney who can provide guidance regarding the possible outcome of a Trial.
How long do I have to make a claim for personal injuries?
In Florida, as in other states, statutes of limitations limit the time within which a party can take legal action. If the appropriate action is not taken before the statute of limitations elaspes, the claims will be barred.
How long will it take to resolve my claim?
The time it takes to resolve a claim depends on many factors. Generally, more complicated cases take longer to settle than simpler ones. Likewise, cases with very serious injuries take longer than those with less serious injuries. The amount of time to conclude a case may often depend upon the nature of the injury. Plaintiffs attorney will not resolve a claim until they have a very good understanding of what the future medical condition of their client will be. Generally speaking, claims may be resolved within six months to a couple of years depending on the case.
I was told I have full coverage, why do I not?
Clients are often told that they have full coverage by their insurance agents. In fact, full coverage may mean a lot of things but often times it will only cover your medical bills and nothing else. If you are involved in an accident with someone who did not have any insurance coverage it is required that you have uninsured or underinsured motorist coverage to allow you to collect due to the negligence of others. Often times, if you may have not purchased this coverage then you are left without recourse. If you are unsure as to your coverages, consult an attorney and/or an insurance agent.
Why are we putting in a claim with my company if the accident was not my fault?
In a motor vehicle accident, under the Florida "No Fault" law, your own insurance company is responsible to pay 80% of your medical bills and 60% of loss wages up to $10,000.00, whether you are at fault or not.
