Injury Lawyer Blog

Dated Feb, 11 2011

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Dated Feb, 11 2011

Lorem Ipsum is simply dummy

text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard.

>>Click here to read more

Dated Feb, 11 2011

Lorem Ipsum is simply dummy

text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard.

>>Click here to read more

Q: I was hurt in an accident. It wasn’t my fault. Who is responsible for my medical bills?
A: Consult a Florida injury attorney that will assist you with your medical expenses, including doctor visits, hospital bills and surgery costs that are generally included in a personal injury claim.

Q: Due to a recent accident, I have not been able to work. My injuries are severe and the doctor anticipates a long recovery. What should I do about my lost income?
A: If your accident was caused by someone else’s negligence, you could be entitled to compensation. You may be able to pursue an injury claim that would include lost income, medical bills and other costs associated with your accident. It would be best to consult with an experienced Florida accident attorney who will be able to review the details of your case and determine the best course of action. When calculating the value of an injury claim, a Florida attorney will review such factors as who was at fault, the extent of your injuries and the impact the accident has had on your life. Your ability to work is included in this list of factors, along with the length of your recovery time.


Q: Since my auto accident, I cannot take time off of work to come to your office to meet with the Florida accident attorney.
A: No worries! A Florida attorney can come to the hospital, your home or where you work. We want this difficult time to be as easy as possible for you and your family.


Q: I was contacted by the insurance company and was requested to give a recorded statement about my accident. Should I give one?
A: Do not give the insurance adjuster a recorded statement, without first talking with a Florida injury attorney. It is typical for an insurance company to contact you within 24 hours of your accident.
However, you may be unaware of the full extent of your injuries at that point in time. If you have been injured in a substantial trauma, such as a car accident, truck accident or other event, it is difficult to have a full understanding of your injuries. It can take weeks for you to find out the impact of your injuries from the accident. The insurance adjuster will most likely tell you that the recorded statement is part of their investigation into the accident. A recorded statement is convenient for the insurer, because they get your side of the story on record without having to wait for a written statement. Plus, it is very difficult to try to change your statement, since it is now on record. Most people are unprepared to give a recorded statement after an accident and if you say the wrong thing, it could seriously hurt your chances of obtaining a fair settlement. Insurance companies know that there are numerous legal issues involved in injury cases, which is why they have Florida lawyers protecting their interests. You should also have a Florida injury lawyer on your side, making sure that you are treated fairly.


Q: What is my injury case worth?
A: After you are injured in a serious accident, you may wonder what your case is worth. This question is very important, but there are many factors that have to be considered and the answer is not always simple. You need to understand that it is difficult to predict the exact amount of money you will receive from your injury case, especially when damages, such as pain and suffering and loss of enjoyment of life, are involved. However Florida injury lawyers will be able to review your case to give you a reasonable settlement range. A Florida accident lawyer will need to know the type of accident, severity of your injuries, your anticipated medical needs and the impact the accident has had on your life. The Florida accident attorneys dig deeply into each and every case, so that you obtain the maximum amount of compensation possible.


Q: If I hire a Florida attorney, who will pay the expenses of my legal case?
A: A Florida attorney's policy is to advance expenses if your case is accepted. There are some exceptions to this rule.


Q: If a Florida attorney doesn't handle my particular type of case, can you refer me to a competent attorney that does?
A: Please contact us to discuss your particular case. If a Florida attorney can’t help you, we will try to find a Florida lawyer for you who does handle your type of case.

Q: What happens if I have a severe injury and the person who caused my accident does not have enough insurance coverage to pay all of my damages?
A: After you have exhausted the insurance coverage you next look to the responsible person's assets. However, most people who don't have enough insurance usually don't have enough assets either. If the responsible person was in the course and scope of their employment when the accident happened, their employer may also be responsible. Most employers have high limit insurance policies. We also look for excess or umbrella insurance policies. There may also be other defendants and other theories of recovery. Serious injury cases allow us to investigate unusual or obscure theories of law in order to recover full value for the injured client.

Q: If I have to pay a Florida personal injury lawyer part of my settlement, does that mean I will get less for myself?
A: No. The job of your personal injury lawyer is to maximize the value of your particular case. It is no secret that an insurance company will seldom pay anywhere near full value to injured persons who are not represented by a Florida accident lawyer. More often than not, after delays and broken promises, an insurance adjuster will offer only a token amount to injured persons who are not represented by a Florida personal injury lawyer. Good Florida lawyers have their reputation, hard work and access to investigators and expert witnesses and are able to prove the facts of your case. For instance, how would you prove you have a headache or a backache? We know the law that governs your situation. A good Florida accident lawyer can determine the jury verdict value of your injury. The combination of all of these things and our ability to take the responsible party to court if they don't voluntarily pay you a fair settlement make it obvious that the only way to get treated fairly by an insurance company is to be represented by a good Florida attorney. Insurance companies respect strength.


Q: What determines how much my case is worth?
A: There's no magic formula, but generally, the more serious the injury, the more the case is worth. Of course, the person or company that caused your accident has to have enough insurance and/or assets to pay that value. Our system is based on the principal that the person at fault has to pay for the damage they cause. The clearer the liability the better your case is. The value of a case is based on the combination of severity of the injury and the liability of the defendant along with that person's ability to pay.


Q: If I don't have health insurance how can I get medical treatment for my injuries?
A: Some health care providers including board certified medical specialists, hospitals, MRI centers, pharmacists, etc. are willing to provide health care services to clients on a lien. They will wait until the conclusion of the case to get paid. Many of clients choose this option even if they have health coverage with an HMO or PPO. An HMO or PPO is also entitled to be paid back from the proceeds of your case which means that obtaining private health care on a lien is an attractive option. Therefore, the choice of medical providers becomes what is most convenient for you and where you will get the best case.


Q: How long does an injury case take from the time of the accident until it is concluded?
A: In general, the more serious the injury and the more complicated the facts, the longer the case takes. Simple rear end traffic accidents with minimal injuries usually take only a few months to resolve. Multi-party cases with serious injuries usually take between one and two years to complete.


Q: In a traffic accident where liability is clear, will the insurance company pay for my car repair before I finish my medical treatment?
A: Yes, that is almost always the case. You would also be entitled to a rental car until your car is repaired. If you don't rent a car, you maybe entitled to a "loss of use" payment to you for the equivalent rental value of your car for the period of time you are deprived of its use.


Q: If I fall and hurt myself on someone else's property, do they have to pay me for my injuries?
A: It depends on why you fell. To collect money damages, you will have to prove that the property owner was negligent. Common situations involve retailers allowing spills to remain on the sales floor after they learn about them. Other common slip/trip and fall situations usually involve uneven sidewalks, stairs, missing or detached hand rails, leaking refrigerated cases in supermarkets, and countless other unique situations. Each slip and fall has to be evaluated by a Florida attorney based on its individual facts.


Q: Should I give a statement to the other person's insurance company?
A: Usually not. They have already heard their own insured's version of the accident. If their insurer told them he or she was not at fault, you have no chance of convincing the claims adjuster that you were in the right and their insured was in the wrong. Usually the person at an insurance company who takes statements has been taught how to ask questions in a way that may omit facts important to your case and make your answers somewhat distorted. In addition, if you have to go to court, that statement you gave the insurance adjuster can be used to impeach you. For instance, if you give a statement on the day after the accident and say that only your neck hurts, and a few days later you realize your shoulder also hurts, that contradiction would be used against you when you try to prove your shoulder injury in court.


Q: If I hire a Florida personal injury attorney instead of handling the case myself, will that delay my settlement?
A: No. That is, not unless you are willing to settle your case for far less than it is worth. Insurance companies will demand the same proof of facts regarding your injuries from you as they would from a Florida attorney. Unless you are trained in this field, the insurance company will have a big advantage over you and usually will only offer you a token of what your case is worth.


Q: If I lose time from work, will the other person's insurance company pay me for lost earnings even though I am collecting sick leave or disability?
A: Yes. If you have to dip into your sick leave or disability account the insurance company is not allowed to take credit or deduct that from your settlement.


Q: In a traffic accident case, how can I get paid if the responsible party didn't have insurance?
A: You can collect for your own bodily injuries through your own insurance policy if you have what is called "uninsured motorist" coverage". You can get your vehicle fixed under your collision coverage. You can get your medical bills paid by your Med Pay coverage or your health insurance. Your lost earnings may be paid by State Disability Insurance.


Q: I already had a bad back for years before the accident. Now, because of this accident, my doctor says I need back surgery. Does the responsible party have to pay for this?
A: Yes. If you are more susceptible to any injury because of your previous back (or other medical) condition the insurance company is not allowed to decrease your settlement because of that pre-existing condition.


Q: If I hire a Florida injury lawyer, do I have to file reports myself with my own insurance company?
A: If you hire a Florida injury attorney, they will report the accident to your own insurance company (if appropriate) and handle all the paperwork.


Q: Who determines how the accident happened?
A: Usually this is accomplished through witnesses (including the parties to the accident) and an analysis of the physical evidence. In motor vehicle cases, there are usually police reports. Other situations are sometimes videotaped from surveillance cameras. Each case will present a different set of circumstances. As a general rule, collect as much information at the scene of the accident as you possibly can. Get names and other information from witnesses. If you have a camera take pictures if you think they will help you.


Q: What if I sustained catastrophic injuries and there is not enough insurance to pay?
A: The key is to never stop looking for additional insurance coverage. If you were a pedestrian for example, you may be able to recover from the defendant’s home-owner’s insurance. It could also happen that the tortfeasor was engaged in the course and scope of employment when he injured you. This means he could have a policy of liability insurance covering the accident through his employer. There could be an excess or umbrella insurance policy. There could be more than one potential defendant, such as injury from a defective car, or car brakes, or seatbelt; once the suit is filed, a Florida injury lawyer can conduct discovery and see if there are other insurance policies to get money from.


Q: Since I am paying a contingency fee shouldn’t I just handle the case on my own and not pay the Florida personal injury lawyer?
A: No way! That is exactly what the insurance company wants you to do! We know how to make the insurance company pay you more than you could ever possibly get without a Florida injury lawyer. A Florida injury attorney can maximize the settlement value of your personal injury case. Insurance companies have a reputation for breaking promises and stringing unrepresented parties along until the statute of limitations expires so they can get out of paying anything; or the shifty insurance adjuster will offer you a sham settlement that only a fool would agree to. After all Abraham Lincoln said it best. “The man who represents himself has a fool for a client.” A Florida attorney can evaluate the potential jury verdict and then take the case to trial if the insurance company won’t do the right thing by paying you what is fair and reasonable.


Q: How is "personal injury" defined?
A: The term "personal injury" is used to explain an accident, caused by another's negligence, which leads to bodily injury, they include auto accidents, truck accidents, aviation accidents, bus accidents, construction accidents, dog bite accidents, boat accidents, and helicopter accidents. Claims involving injuries caused by medical malpractice, defective products, and environmental contamination are also considered personal injury claims.


Q: Will my personal injury case go to court?
A: In many cases, Florida lawyers are able to settle without the need for courtroom litigation. However, if the settlement offers from the insurance company are unacceptable, a Florida injury lawyer will be prepared to take your case to court and reach a jury decision if necessary. You will have the option of going to court to try to get an amount that seems fair.


Q: What types of damages can I recover after an accident?
A: Although each case is unique, you may be entitled to collect damages for medical costs, lost wages, pain and suffering, and others. For wrongful death cases, the family of the deceased may be able to collect for loss of future income and benefits and loss of companionship. Your Florida attorney will utilize accounting services to calculate an acceptable amount to restore your losses, financially and otherwise.


Q: How much of my time will my personal injury claim take?
A: Depending on the complexity of your case, and the willingness of the insurance company to compromise, your claim could take anywhere from a few months to a few years. Cases that end up in a courtroom will typically require more time than those that settle. A Florida injury lawyer will do everything possible to get you the money you need to meet medical and living expenses when you need it. Your Florida accident attorney will take care of much of the paperwork, investigation, and meetings, so you do not have to worry about sacrificing much personal time.


Q: How does the insurance company reach an offer amount?
A: Most insurance companies utilize special software that allows representatives to input the details of your accident. Based on the results, an offer is then made to you or your Florida personal injury attorney. Most injured parties find that the initial offer is grossly insufficient.


Q: So how much money is my case is worth?
A: It depends. Obviously, if you suffered a laceration, you will get more than if you only got whiplash. The more serious the injury, the more the case is usually worth assuming the liability is clear and your degree of fault is not that great, or even exists at all. Assuming there is enough insurance, or assets, the greater the person's ability to pay the full value of your serious injury case.


Q: What if I don't have health insurance; how do I pay for a doctor and hospital bills to treat my wounds?
A: Many doctors, hospital and other health care providers like board certified specialists in medicine, X-Ray center and MRI centers, as well as psychologists and psychiatrists and even some pharmacists offer the medical services to clients on a lien basis. This means these caring health care providers agree to await payment until you either settle or win a jury verdict. Sometimes you may elect to use you PPO, or HMO coverage under your private health insurance policies. The problem is that most HMO’s &r PPO’s have contracts that allow them to get reimbursement out of your recovery, and they often refuse to negotiate down their bills, unlike many lien basis providers. Obviously, your choosing a lien doctor could significantly increase how much money you actually put into your own pocket in the end.


Q: How long will it take to either settle or try my case?
A: There is no litmus test. As a general rule, the more devastating your injuries and the more complex your case is, the more time it will take to get a result for you. A rear end collision causing whiplash will normally take less time than a disc burst fracture. When there are multiple defendants in a serious injury case, these can take as long as two to even four or more years to resolve.


Q: In a traffic collision where no one contests liability, does defendant’s insurance company pay for car repair right away?
A: With few exceptions, the answer is yes. Normally you will get rental car reimbursement for up to 30 days while your car is in the repair shop. If you elect not to get a rental, you can seek recovery for loss of use. Usually you would get what the fair rental value for a car like yours would be while you don’t have your car.


Q: Shouldn’t I give a recorded statement to defendant’s insurance company?
A: NEVER. Sneaky insurance adjustors are trained to trick you into making an inconsistent statement, or to say you’re not even really hurt. At the very least, they will attempt to discredit you and make it harder for you to recover. They will use the statement against you later to impeach you if the case gets filed and goes to court.


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