Injury FAQs
My medical bills are piling up. Who is responsible to pay for these?
In Florida, drivers are required to carry Personal Injury Protection (PIP), or "No-Fault" coverage. Generally, this means that your insurer, or perhaps the insurer for the car you were in at the time, will pay up to 80% of your medical expenses to a total of $10,000.00. If you have your own health insurance, you may submit your remaining bills to that insurer once you have exhausted PIP. Otherwise, you are generally responsible to pay for your medical expenses until and unless the other driver and their insurance company step up and take full responsibility.
In reality, an insurance company will rarely do this voluntarily, and will intentionally try to underpay a deserving person. People should retain knowledgeable, experienced attorneys to help them investigate and pursue a valid claim for all of their recoverable money damages. New law, effective January 1, 2013: An individual injuried in a car accident has only 14 days to seek initial treatment, or the insurance companies won't reimburse you under your PIP policy.
An insurance adjuster has left me a message. Should I return the call?
If it is your personal insurance company, then of course you would. However, if the person is employed with the other driver's insurance company, you should always call an experienced lawyer first, even before returning the adjuster's call. Don't ever give a recorded statement without consulting an attorney first. Recorded statements can hurt even an honest person, because it is human nature to minimize your own complaints, and also to forget even important things in a stressful time.
Will I be responsible for paying costs associated with making my claim?
At my firm, I advance all costs associated with making your claim, and I get reimbursed for these costs only if the claim is resolved in your favor. Also, I assist you by not billing you an hourly fee, but instead by taking a portion of the recovery (called a "contingency fee"). Simply, if there is no recovery, you owe me nothing.
Will I have to go to trial?
No. In fact, most meritorious cases settle prior to any lawsuit being filed. You have the right to decide whether your lawyer can file a lawsuit on your behalf, and you have the right to reject any settlement offer from the other side.
How long does this process usually take?
It depends on your case. If you hire me, I will investigate your case, determine who is responsible and find out what insurance coverage is available. I will meet with you and answer your questions about PIP and property damage. I will obtain your medical records and speak to your treating physician to understand the nature, extent and permanency of your injuries. At the appropriate time, I will present your claim as forcefully and persuasively as I know how to influence the other side to make it right with you before advising you to pursue a lawsuit. Some cases take only several weeks; some can take over a year to handle properly.
I understand that this is serious matter, and I'm pretty sure I want a lawyer.
So, how do I decide?
You have already taken a good first step. Find out as much as you can about the lawyers you might want to speak with about your case. You should make very sure your attorney has experience in this specific area of law.
