Personal Injury Attorneys
FAQ
What should I do after a car accident?
What should I do after a motorcycle accident?
What about repairs to my vehicle?
Who pays for lost wages?
Who pays the medical bills?
What if I don't have car insurance?
Should I speak with the insurance adjuster?
How can I protect my legal rights?
Can I get a rental car?
Personal Injury
How should I choose a personal injury lawyer?
What is liability insurance?
What is negligence?
How can I find out the value of my claim?
What about damages?
Will I get compensated for lost wages?
How will I deal with medical payments?
What if an accident is not my fault?
What is comparative negligence?
Is there a certain time frame to make a claim?
Slip and Fall
What if I'm injured in a fall?
What is property owner's liability?
Can I make a rental property claim?
Wrongful Death
What is personal representation?
What about survivor's rights?
Are there time limitations for filing a claim?
What about recoverable damages?
Other Accidents
What if I get injured on an airplane?
What should I do if I get injured while boating?
What about construction accidents?
I was injured because of defective products. What can I do?
I was in an uninsured hit and run. What should I do?
I was injured as a pedestrian. What should I do?
What should I do if I was in a bicycle accident?
I was bitten by a dog. How can you help?
Automobiles/Motorcycles
What should I do after a car accident?
If you are involved in an automobile accident involving property damage or personal injury, it is important to take certain simple steps to protect your legal rights. First of all, obtain the name, address, and telephone number of the other driver as well as the other driver's insurance company name and policy number. Also, get the name and address of any witnesses. Do not rely on the police to do this. If you believe the other person was at fault, ask why they did what they did to cause the accident in front of another witness before the police officer arrives. In this way, the witnesses can later testify what the other person said.
You should contact your insurance company or agent immediately following the accident. If you do not give proper notice, the insurance company may later deny you the benefits of your insurance policy.
If someone representing the other party should contact you, all questions should be referred to your insurance company or your own attorney. You are under no obligation to give a recorded statement or a signed statement, which may later be used against you.
What should I do after a motorcycle accident?
Motorcycle accidents are often so unique that it is especially important to be represented by an attorney who is familiar with these types of cases.
If you were involved in a motorcycle accident, your case would be handled by most attorneys on a no-recovery-if-no-fee basis. That means you do not pay an attorney's fee unless the attorney is successful with your lawsuit. In that case, your attorney would be entitled to a percentage of the proceeds that are recovered. It is very important that you discuss and understand all costs involved in your case before you agree to be represented.
It is important to talk to an attorney at the earliest opportunity. You may wish to be represented before you speak to an insurance company representative other than your own. If you speak to an insurance representative before you know your rights, you may innocently say or do or sign something that will jeopardize your case. If you have any questions about a motorcycle accident, it may be in your best interests to contact an experienced personal injury attorney.
What about repairs to my vehicle?
If you are involved in an automobile accident with damages to your automobile, you have a right to collect from your own automobile insurance if you have what is commonly referred to as "collision" insurance coverage, regardless of who caused the accident.
If you have collision coverage, you are entitled to receive payment for reasonable repairs or the reasonable value of the automobile if it is a total loss, less any deductible you may have selected.
If you do not have collision coverage and some other person caused the accident, you have a right to make a claim against such other person and his liability insurance, if any.
If you have collision insurance and the other person caused the accident, it will probably take much less time to collect from your own insurance. Your own insurance has a duty to deal with you in good faith.
You may also have insurance coverage, which will reimburse you for towing and rental car expenses. Any deductible and any reasonable expenses not covered by your insurance are recoverable from the person who caused the accident of his liability insurer. Your own insurance will also try to get reimbursement from the other person or his liability insurance.
Who pays for lost wages?
If you have lost wages as a result of an automobile accident, you have a right to collect from your own personal injury protection (PIP) insurance for 60% of your wages up to $10,000, less a deductible, if you chose one. These wages are payable by your insurance company even if you caused the accident.
Who pays the medical bills?
If you have medical bills as a result of an automobile accident, you have a right to collect from your Personal Injury Protection (PIP) insurance, 80% of your medical bills up to $10,000.00 less any deductible you chose. These medical bills are payable by your insurance even if you caused the accident.
You have a right to recover the other 20% and 100% of any amount over $10,000.00 from the person who caused the accident, or his liability insurance.
If you did not cause the accident, you must still recover the 80% up to $10,000.00 from your own insurance. Your own insurance must pay you the 80% within 30 days of notice of the bills and must continue to pay the bills. If you also have lost wages or lost earnings, you should claim the wages before the medical bills, or the $10,000.00 may be all used up to pay the medical bills before you receive payment for your lost wages. You need to review your insurance as the $10,000.00 is the minimum coverage and you may have selected additional coverage. You may also have medical insurance individually, or through your employer that will pay medical bills from an automobile accident. If you did not own an automobile at the time of the accident, you may be entitled to collect the 80% of the first $10,000.00 in medical bills from the automobile insurance on any relative in your household, or from the insurance on the automobile you were riding in, or from the insurance on the automobile that struck you.
What if I don't have car insurance?
If at the time you are involved in an automobile accident, you own an automobile but do not have automobile insurance, you may have medical insurance individually, or through an employer that will pay the medical bills regardless of who caused the accident.
If at the time you are involved in an automobile accident, you do not own an automobile and do not have automobile insurance, and you are not living with any relative who has automobile insurance, you have a right to claim your medical bills and damages from the person who caused the accident of his liability insurer. If the person who caused the accident is also uninsured, you may still sue him or her, but you may find it difficult to collect any judgment.
Should I speak with the insurance adjuster?
If you have an attorney, never talk with any insurance adjuster without your attorney's prior knowledge and consent. If you do not have an attorney, you are not obligated or required to give a recorded or signed statement. Such a statement could later be used against you, unless your own insurance company requires one.
Obviously, if you plan to represent yourself, you will have to answer questions. Try to be as brief as possible, do not guess, and rather than giving your own opinions, refer the adjuster to medical reports, bills, and estimates.
How can I protect my legal rights?
If you are involved in an automobile accident, there are a few simple steps that help you protect your legal rights. First of all, you should obtain the name, address, and telephone number of the other driver and verify the information by that driver's license. You should also obtain the name of his or her insurance company. Next it is recommended to obtain name, address, and telephone numbers of any witnesses to the accident. Then if there is any possible damage as a result of the accident, a police officer should be called to the scene to prepare an accident report. Finally, you should report the accident to your insurance company in order to be qualified for payment of property damages and medical benefits under your automobile policy.
An attorney experienced in personal injury laws should be able to assist you in determining your rights after an accident.
Can I get a rental car?
Should your car be damaged in an accident, you may be entitled to rent a car while your damage claim is being processed. If you purchased rental coverage under your automobile insurance before your accident, your insurance company will cover some or all of the cost of the rental depending on the type of coverage. The coverage is termed car rental coverage. Different time limits apply to this type of coverage. For more information on insurance coverage or rental, contact a qualified attorney.
Personal Injury
How should I choose a personal injury lawyer?
The complexities of any field of law today are such that it is most difficult to keep up without specializing. The days of the general practitioner being able to handle any number of different types of litigation well are long past. Personal injury work requires that the attorney not only keep up to date with a working knowledge of the law in this area, which seems to change constantly, but also have a good understanding of medical matters as they relate to injuries and their treatment.
Be sure, when choosing a personal injury attorney, to ask about his qualifications and experience with the type of case that you have. Has he handled cases such as this in the past? Has he taken them to court and tried the cases through to a jury verdict? You may wish to speak with some of his past clients or some other attorneys concerning his reputation and experience. Does he go to court often?
What is liability insurance?
Liability insurance is coverage that protects people for their own negligence. When someone is injured because of the fault of another person, that negligent person's liability insurance will be used to compensate the injured person for his or her damaged. If you have suffered an injury due to another's negligence, you must promptly notify that person's insurance company. Most homeowners and property owners carry such insurance, but not all auto drivers do. Liability insurance is different from no-fault or PIP coverage. It is important to find out early on just what coverage the guilty person has and whether there might be any reason the insurance company would not cover the particular accident in question.
What is negligence?
If you are injured through negligence of another, you are entitled to compensation from that person or that person's insurance company. Under Florida Law, negligence is the failure to act in a way that a reasonable person would act in the same or similar circumstances. The key word is reasonable. A store owner, such as Winn Dixie, that realizes there is something slippery that has been spilled onto the floor and still fails to clean that mess up within a reasonable time, would be negligent. Again, the key word is reasonable. A party claiming damages for negligence must demonstrate that he or she suffered an injury as a result of someone else's negligence.
If you have been injured and you are unsure whether your injury was caused by negligence, you should consult a lawyer specializing in these matters as soon as possible, and ask that lawyer to investigate your claim since Florida Law requires that you make your claim within a specified period of time.
How can I find out the value of my claim?
Evaluating a personal injury claim can be done only after a complete investigation of all aspects of the case. This must include a detailed analysis of the injury itself, the medical pictures both past and future, the rights and liabilities of the parties involved, as well as their ability to pay.
If the case cannot be settled, many other facts come into play, such as how good are the witnesses, the opposing attorneys, or how sympathetic will the jury be. Each case, large or small, must be evaluated individually.
Rather than relying on a friend or what you might have read in a newspaper, the best advice would be from an attorney who specializes in these cases.
What about damages?
A "tort" is a civil wrong for which the law provides a remedy in the form of damages. To recover for corpuses wrong the plaintiff needs to prove that duty that was owed to him or her, that the duty was breached, and the breached directly caused damage. Damages can be assessed in the form of personal injury or economic losses; in order to be compensated for your damages the court must be able to ascertain the value of the loss. Your damages are too speculative and would require guessing by the court or jury; you may not recover from such damages. If you have been damaged by someone else's conduct, you should consult with an attorney who can help you determine your damages and chance of recovery.
Will I get compensated for lost wages?
Lost wages is generally an element of damages recoverable from the defendant under state law. Lost wages is not the same as lost or deduction of future earning. The plaintiff has the burden of proving to the court or jury the damages that he or she has suffered as a direct result of the defendant's wrong doing. Generally, testimony of a medical expert may be needed to prove the reason and type of disability preventing the plaintiff from earning his or her regular wages. Proof of the wages actually lost is also a part of the evidence needed to substantiate the claim for lost wages. It is important to determine if your case allows recovery for lost wages and what evidence is needed to prove your damages. For more information on lost wages, contact an experienced attorney.
How will I deal with medical payments?
Insurance is available that provides payment of medical expenses incurred as a result of certain instances. The most common is automobile accidents. If you are hospitalized or receive medical treatment or suffer disability, the typical medical payments policy would cover such expenses. The purpose of these policies is solely the payments for medical benefits and not for other property damage or personal injuries. Therefore it is very important to understand how this type of policy will work with your regular medical and automobile insurance. If you incurred medical expenses that you believe are covered under medical benefits policy and the insurance company is denying payments, consult an attorney familiar with personal injury and/or insurance law.
What if an accident is not my fault?
In most cases automobile liability insurance is no-fault. Under the no-fault concept, you can collect from your own insurance company regardless of who was at fault in causing the damages and losses to you and your automobile. The purpose of the no-fault concept is to ensure medical and property damages expenses are paid properly no matter who was at fault. No-fault insurance is generally required for all vehicles in most states. If you are involved in an accident, be sure you understand your rights under your automobile insurance policy. Speaking with an attorney knowledgeable in personal injury law may be to your advantage in dealing with your insurance company.
What is comparative negligence?
Comparative negligence refers to determining what fault percentage the complaining party may have in the relationship to the injury occurred: in other words, if your action in any way contributed to your injury. Comparative negligence law varies state by state, but generally, damages recovered may be reduced if the plaintiff is in anyway at fault in the accident. In most cases, the jury and judge find the plaintiff equally as at fault as the defendant for the injury and accident, no damages will be rewarded. The reduction of the plaintiff's reward is determined by the percentage at fault that the jury contributes to the plaintiff. For better understanding of comparative negligence law in your state, you should contact an experienced personal injury attorney.
Is there a certain time frame to make a claim?
A personal injury claim generally is concluded by either a settlement or a trial. A settlement is an agreement by which the responsible party pays a monetary sum to the injured party in an amount the injured party agrees to accept. Settlements may occur at any time after an injury, but usually not earlier than the injured person has reached maximum medical improvement.
After the injured party files a lawsuit, either party may request a trial date. The actual date will vary greatly depending upon the complexity of the matter. It may be sent as early as six (6) months after the filing of the complaint.
Slip and Fall
What if I'm injured in a fall?
If you are injured because of a slip and fall, your first reaction is likely to be embarrassment. Because of this, most people fail to pinpoint the cause of their fall, or to ascertain the names and addresses of anyone who might have seen the fall, or the cause of the fall.
There are many hazards which might cause a fall such as foreign substances on the floor, poor lighting, or other conditions, all of which should be noted and pointed out to any witnesses or employees of the store of business where the fall occurred. Remember to ask the name and address of anyone who saw the cause of your fall.
Generally speaking, property owners are required to keep their property in a reasonably safe condition, and are required to warn you of any unsafe condition. Prompt investigation into the facts surrounding your fall is essential. If there was a foreign substance on the floor, it is essential to prove that it was there long enough for the owner to clean it up. Look to see if there are footprints, dirt, or anything that would indicate the substance was on the floor for some period of time before the fall.
What is property owner's liability?
A property owner is not liable simply because a person falls and is injured on his property. The claimant must prove that the property owner was negligent. A property owner may be considered negligent in maintaining and/or constructing his property or if he knew or should have known about a dangerous condition on the property. For example, a property owner leaves an open hole without warning barricades or other notices, or someone spills something in a store and the store employees fail to clean it up in a reasonable time. The key word is reasonable. It is up to the claimant to show that the foreign substance was on the floor long enough that the store employees knew of it, or should have known of it. It is very important to investigate slip and fall accidents as soon as possible after they happen to attempt to prove that the property owner knew or should have known of the hazard.
Can I make a rental property claim?
If you have been injured as a result of the landlord's failure to provide safe and adequate property for rental use, you may be able to make a personal injury claim against the rental property. In most cases, the landlord has the duty to maintain rental property and compliance with all health and safety code. Additionally, a landlord must provide a rental unit which is reasonably habitable for the intended user to occupy. An injury which results from the landlord's failure to make either or both of those duties could lead to a personal injury claim. Leases attempting to eliminate the landlord's responsibility negligence act often do not stand up in court. Do not disregard such a valid claim if your lease has such a provision. For more information, contact an attorney experienced in personal injury law.
Wrongful Death
What is personal representation?
The personal representative of an estate in a wrongful death action initiates the lawsuit on behalf of all the survivors left by the deceased. The personal representative lists all the survivors and makes all claims for each survivor for which the law allows. Normally, it would be the surviving spouse on behalf of her or him and the children. When there is no spouse, it can be another adult member of the family who may have custody of the minors. Many times, it may be more preferable, at the outset, to name a bank and trust company as the representative of the children as this sometimes gives the jury comfort that the money will be wisely disbursed.
Many factors must be considered, Will or no Will, residents of the parties, in state or out, number of survivors, and their claims. Do the survivors get along with each other and the personal representative?
Each case is different, and it is important you discuss all of these aspects with an attorney who specializes in these types of cases.
What about survivor's rights?
The following people may generally sue for money damages: the surviving spouse may claim for loss of support and services which not only include the deceased's husband or wife's salary, but also the value of the services performed in the household, such as home repair, yard work, cooking, washing dishes, house cleaning, and etc. He or she may also claim the loss of companionship and protection as well as mental pain and suffering. Minor children may sue for the death of a parent and claim the same as a surviving spouse. If there is no surviving spouse, then all children, minor, or not, may sue for loss of parental companionship and guidance, and mental pain and suffering.
As to parent's loss of a minor child, they may claim for mental pain and suffering. A parent losing an adult child may also claim mental pain and suffering if that adult child had no survivors, such as a spouse or children of their own. The decedent's estate may claim medical and funeral expenses and in some instances, loss of prospective wealth, which that deceased, might have been expected to accumulate. This is just a very general outline of survivors' rights. A s each case is different, you would need to speak to an attorney specializing in these matters to be certain.
Are there time limitations for filing a claim?
Every state has a certain time limit governing how long you have to file a personal injury claim after an injury or accident occurs. Each time limit includes wrongful deaths and medical malpractice cases; the law refers to these time limits as statutes of limitation. The amount of time available to file a claim depends on the state that you live in and some cases the type of case being filed. You should consult an attorney about your specific case and your state laws.
What about recoverable damages?
The loss of a loved one is a tragic event, although no amount of money can ever replace a parent, spouse, or child. You are guaranteed certain rights under the law, if the lawful conduct of another hence resulted in the death of a love one. The law recognizes that the death of a family member caused by the fault of another may result in some financial hardship which means medical expenses, the lost of earnings, and support. In addition to financial losses, the law firm can help you to make a claim for the intangible aspects of your relationship including the loss of companionship, the attention, comfort, love, affection, guidance, and protection. In our system of justice, a family is entitled to reimbursement to these intangible losses, as well as loss earning or medical expenses. In order to assess the value of wrongful death client, it is necessary to determine the deceased person's age, sex, health, physical and mental characteristics, occupation, contribution to the family, and the person's relationship with other family members. Damages may be recoverable for the past and future losses. You should have an attorney who specializes in these cases review your claim as soon as possible.
Other Accidents
What if I get injured on an airplane?
In the interest of the public welfare and safety, federal statue and regulations as well as state laws and international laws and treaties extensively control the operation and maintenance of aircraft and aviation facilities. The operation and maintenance of an aircraft calls for a high degree of care because of the possible devastating result of an airplane crash. Upon the acceptance of a person as a passenger, an airline is obligated to provide a safe and properly equipped plane under the control of a skilled airplane pilot. An air carrier also has a duty to furnish passengers with a safe place to land and safe passage to and from the plane.
Violation of safety practices or air traffic rules and regulations may constitute negligence upon which an action or personal injury or wrongful death may be based. Airplane owners and operators have a strict duty to carefully inspect and maintain aircrafts and may be liable for all damages resulting from their failure to do so. Owners and operators of their plane may also be liable for damages and injures or harm caused to persons on the ground as a result of an airplane accident. For more information on an airplane accident, talk to an experienced attorney.
What should I do if I get injured while boating?
State laws vary, but in general, all boats and personal watercrafts must be operated in a careful and prudent matter at a special rate of speed so as not to unreasonably endanger the life or property of any person. The same duty is imposed upon those who water ski or water sled. A boat or jet ski cannot legally carry more than the number of persons that it is designed for. Watercraft may not be operated at high speed close to shores, docks, or swimming areas. Additionally, regulations concerning lifejackets and safety devices must be obeyed. Also a watercraft may not be operated by anyone under the influence of alcohol or controlled substances. Failure to obey these laws makes both operator and the owner of the watercraft liable for damages resulting from the negligent operation or use of the watercraft.
In the event of a personal injury involved with a boat or jet ski, the accident or injury must be immediately reported to the nearest police officer in the county in which the injury occurred. It is important to obtain the names and the addresses of both the operator and owner of the watercraft that is involved in the accident. A dditionally, you must make careful note of the registration number of the watercraft and obtain the names and addresses of any witnesses if possible. The law also provides that the operator of the vessel involved in an accident must provide reasonable assistance to the person harmed including transferring the person to a doctor if it is necessary or requested by the injured person. For more information on boating accidents, talk to an attorney.
What about construction accidents?
Some of the more common injuries occurring as a result of construction are injury sustained by a person passing by a construction site. Generally, construction workers who are injured have the benefit of workers' compensation. Construction workers may, however, recover additional damages if their injuries were caused by the negligence of an independent contractor other than their own employer or by negligence of the general contractor or building site owner.
If the injury occurred in a common worked area, there are many state and federal regulations as well as industry standard that require the owner and general contractors and independent contractors to implement wide variety of safety measures. Violation of these safety regulations and standards may be evidence of negligence upon the suit damages may be based. Damages and addition to workers' compensation, wage lost, and medical benefits may include additional wage lost benefits, pain and suffering, mental anguish and compensation for the lost of ability to engage in other activity such as recreational activities. For more information on construction accidents, talk with an attorney.
I was injured because of defective products. What can I do?
Under Florida Law, anyone injured by a defective product may be entitled to compensation. If a person or corporation designs, builds, or sells a product with a defective condition, that person or corporation may be held responsible for the injuries caused by that product's defects. Products which have resulted in injuries have been found defective because of the failure to have adequate instructions or warnings.
Products liability litigation is quite complex, and you should be certain that you hire an attorney that specializes in this type of practice.
I was in an uninsured hit and run. What should I do?
Most states require every driver to carry automobile liability insurance; however, some drivers do not obey this law. If you have been injured in an automobile accident by a driver who does not have insurance, or does not have enough insurance, or who was a hit and run driver, you may still be able to recover damage for your injuries under what is known as uninsured motorist's coverage. The law lets you file a claim with your own insurance company to recover for injuries caused by drivers with insufficient and or no insurance. Before you are able to make such a claim, you must make a police report of the accident and promptly report the accident to your own insurance company. It is important to know in case of a hit and run, you may recover damages for your injury only if there was actual contact between the hit and run driver's car and your car or you, if you're a pedestrian.
If all these requirements are satisfied, you may file a claim for damages caused by the other driver; however, you must act immediately because there are time limits in which you must make your claim or it will be barred. You may want to seek the advice of an attorney who specializes in cases involving uninsured hit and run accidents.
I was injured as a pedestrian. What should I do?
If a pedestrian is injured as a result of the negligence of the driver of a motor vehicle, the pedestrian may be able to recover damages from the driver or owner of the vehicle. Such damages may include lost wages, pain and suffering as well as other damages. If you are a pedestrian and are injured as a result of a motor vehicle accident, you should obtain the name and address of the driver in the accident, name and address of the owner of the vehicle, and the name of the insurance company regarding coverage for the vehicle. The names and addresses and telephone numbers of any witnesses should also be obtained if possible.
If you are injured, a police officer should be contacted so that the accident can be properly investigated and a police report prepared. The police officer should be advised of all injuries sustained. A police report is very useful when seeking damages for your injuries. You should also immediately contact your insurance company; you should not, however, provide a statement or an interview to the other party's insurance company until you have talked to an attorney. State laws vary, but generally a lawsuit against a negligent motorist must be filed within a certain time of the date of the accident, or the statute of limitations bars it. There are, however, some exceptions to this general rule. You may wish to consult with an experienced personal injury attorney as soon as possible so your rights will be protected and your claim can be fully investigated.
What should I do if I was in a bicycle accident?
The state provision governing motor vehicle traffic and uniform rules below also applies to bicycles. In some instances, some people have been convicted for drunk driving while riding a bike. State laws vary, but in general, laws on the manner of riding a bicycle include the following:
1. You must ride on a permanently and regularly attached seat
2. Do not carry another person on the handle bar
3. Do not carry more people than the bicycle was provided to carry
4. Ride as far to the right side of the road as possible
5. Watch out while passing standing cars
6. Ride in single file and use designated sidewalks or paths available
7. It's a good idea to wear a helmet and to obey all safety rules
State and local laws also require drivers of motor vehicles to follow all traffic laws and respect other motor vehicles and bicycles. If you are injured by an unsafe driver, you may wish to seek the advice of a knowledgeable attorney.
I was bitten by a dog. How can you help?
In many states, the owner of the dog is strictly liable for any injury caused by his or her dog while the person is in a public place or lawfully on the property of the owner. Even if the dog has never bitten or injured anyone ever before, the dog owner is still liable for damages such as medical cost, lost wages, and pain and suffering. The victim of a dog bite is also entitled to compensation for any scarring and disfiguring. In the event of a dog bite or injury, the police or local animal control should be immediately contacted. The victim should seek prompt medical attention and be present for follow up appointments. Often the dog will be quarantined in order to determine if the dog has any serious disease. If you have been bitten or injured by a dog, you should obtain the names and addresses of any witness. You may also wish to consult with an attorney before providing any statements, interviews, authorizations, or releases to any representative of an insurance company. A n experienced personal injury attorney will be able to advise you as to the length of time set by the statute of limitation within which a lawsuit may be filed. For more information about dog bites, talk to a personal injury attorney.