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WHAT DO I DO IF I HAVE BEEN IN A CAR, TRUCK OR MOTORCYCLE ACCIDENT?
MEDICAL CARE:
First and most importantly, get immediate medical care for the injured! GO TO THE EMERGENCY ROOM IF OFFERED! Tell your doctors about all of your aches, pains and complaints so that a medical record exists about them. The charges for the ambulance and hospital will be covered under your PIP insurance.
DOCUMENT, DOCUMENT, DOCUMENT!
Get as much information as you possibly can even if they are only cell phone pictures of: the other driver; all passengers; and, all witnesses. Take as many pictures as you safely can at the scene of: your car: the other vehicles; skid marks; signs; and, visible injuries.
RETAIN LEGAL HELP
Legal help for your accident claims is available at my firm at no cost to yourself as we handle such cases on a contingency fee basis - if we do not recovery a settlement for you, you do not owe any fees or costs for our services.
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WHY DOES MY OWN INSURANCE COMPANY HAVE TO PAY MY MEDICAL BILLS WHEN THE OTHER DRIVER WAS AT FAULT?
Florida has a version of “no fault” insurance and medical and related bills and claims for lost wages are first submitted to your own insurance carrier. You may or may not have a deductible that you will be responsible for. You may also have additional “medical payments” coverage which will pay any deductible for medical treatment. Let me review your case and I can advise you what will be paid by your insurance company.
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WHAT IF I WAS PARTIALLY AT FAULT IN CAUSING AN ACCIDENT? MAY I STILL GET A SETTLEMENT OR JUDGMENT?
YES. Florida is a comparative negligence or fault state. Even parties who are partially at fault (you can be as much as 99% at fault) in causing a crash may be entitled to a settlement or judgment from the other parties.
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WHAT IS REQUIRED TO OBTAIN A SETTLEMENT OR JUDGMENT IN A FLORIDA AUTOMOBILE CRASH?
Typically, you, thru your attorney, would have to prove that: the other driver was legally at fault to some degree in causing the accident; that you incurred injuries that were caused by the accident; that those injuries are “permanent” as that term is defined by law. These are all complex legal and medical issues which should be handled by an attorney experienced in personal injury litigation, such as myself, and your doctors.
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HOW MUCH IS YOUR CASE OR CLAIM WORTH?
The value of a personal injury case requires a careful evaluation of multiple factors and facts, such as: liability and fault percentages; the amount of past and future medical and wage losses; the nature and extent of your injury; and, the amount of permanent impairment in the past and future. There may also be a “loss of consortium” claim for the injury to your marriage in the past and in the future due to your inability to perform household or marital tasks.
No two cases are the same and you can not value your case based upon what someone else settled for in their accident case. An experienced attorney, such as myself, can evaluate your case and advise you what its value might be.
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WILL MY CASE HAVE TO GO TO COURT OR TRIAL?
Often, it is necessary to file a lawsuit on the behalf of a client and engage in the discovery, or fact finding process, before the case can settle. Many cases are filed in the courts, but a scant few actually go to trial. Even if your case is filed in court, the court will likely order it referred to the Mediation process. The vast majority of lawsuits are settled by Mediation, conducted by trained and Florida Supreme Court Mediators, such as myself, who work with the parties to reach a mutually agreed upon settlement of the case.
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