FREQUENTLY ASKED QUESTIONS
If you have any other questions, feel free to contact us via phone or email
SHOULD I TAKE PHOTOS OF THE ACCIDENT SCENE?
Yes. If you are physically able, take photographs of the accident scene. If you do not have a camera, remember your cell phone probably has the ability to take photos. If not, ask a bystander to take photographs and email them to you. The longer you wait the chances are the scene of the incident may change. For example, a store employee may clean up a spill that caused you to slip and fall. A motorist may move his car making it difficult to prove who was at fault for the accident.
WHAT SHOULD I PHOTOGRAPH?
In a slip and fall case, photograph what caused you to fall. Also photograph the surrounding area. In a motor vehicle crash, photograph the damage to all of the vehicles, and again photograph the surrounding area. Also photograph any individuals involved in an accident and any witnesses. In any accident, make sure you photograph any visible injuries to your body, and then again several days later as bruises may become more visible.
SHOULD I GET WITNESS STATEMENTS?
If a witness supports your version of the events and confirms that someone other than you was at fault, take their names, phone numbers, email addresses, and see if they will write a note detailing their observations and have them sign it. Also write down any statements of apologies or admissions of mistakes made by the person at fault, and if he or she will sign and date their admissions of guilt. If others hear these statements, ask them to sign and date a note detailing what they heard.
WHAT SHOULD I SAY IF I AM INVOLVED IN AN ACCIDENT?
Be careful what you say. Do not say anything that implies that you were wholly or even partially responsible for the accident. Do not say that you could have done something to prevent an accident. Even if at the time of the incident you do not feel injured, do not say you are not injured. It is very common to not notice injuries or feel pain until many hours after an accident. Some injuries are not apparent until days later. If asked if you are injured, just say you are not sure, and will get checked out later by your family doctor or the at the emergency room. If you are injured at the scene of the accident then you should request medical attention immediately.
SHOULD I GET MEDICAL ATTENTION?
If you believe you may be injured, seek a medical examination immediately. If you are seriously injured and can’t wait for a doctor’s appointment, go to the emergency room of your local hospital or to an urgent care facility. Make sure you are as descriptive as possible to the nurse and doctor regarding you injuries and how you got them (example: I slipped on a foreign substance, I tripped on a cracked sidewalk, I was struck from behind while stopped at a red light, etc.)
WHAT IS A “STATUTE OF LIMITATIONS?
A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.
WHAT IS A STATUTE OF REPOSE?
A statute of repose is different from a statute of limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time. For example, if there is a twenty year statute of repose on the manufacture of aircraft, a claim cannot be filed against the manufacturer more than twenty years after the date of manufacture, even if a design or manufacturing defect is responsible for a later accident.
WHEN DOES THE STATUTE OF LIMITATIONS OR THE TIME TO FILE A LAWSUIT BEGIN TO RUN?
A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.
CAN A STATUTE OF LIMITATIONS BE TOLLED OR EXTENDED?
It may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been “tolled”. When it is said that a statute is “tolled”, it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant’s bankruptcy (the “automatic stay” in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted). With the exception of medical malpractice actions, most claims for injuries sustained by a minor as a result of negligence must be brought within four years of the date of the injury. For injuries to a child under the age of eight resulting from medical malpractice, under Florida law the child must file suit by his or her eighth birthday or within the standard limitations period outlined above, whichever time period is greater.
WHAT IS NEGLIGENCE?
Negligence is the legal term for any careless behavior that causes, or contributes to an accident. For example, a person is negligent if he neglected to stop at a stop sign and, as a result, hit your car as you were coming through the intersection. A person can be considered negligent whenever he or she had a duty to act carefully and failed to do so. (Generally, we all have an obligation to act with ordinary and reasonable care in any given situation — that is, in a manner that will not foreseeably injure those around us.) For most types of accidents, a person must be found negligent in order to be held legally responsible for another person’s injuries. If a person behaves negligently and that behavior causes you harm, you may be entitled to recover compensation for your injuries.
HOW MUCH IS MY PERSONAL INJURY CASE WORTH?
The value of your injury is based on several criteria:
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Past medical bills incurred
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Future medical bills you may need in the future
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Past Lost Wages
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Loss of Earning Capacity in the Future
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Pain and Suffering
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Past Lost Wages
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Any comparative negligence on your part
While an attorney can never predict exactly what a jury will award, an experienced and knowledgeable attorney will be able to ascertain a case’s value based on his years of experience in handling similar cases as well as utilizing various services which report on verdicts and settlements for cases with similar fact patterns in your jurisdiction.
THE PERSON OR COMPANY RESPONSIBLE FOR MY ACCIDENT DOES NOT HAVE INSURANCE, SHOULD I STILL PURSUE A CLAIM?
In all likelihood, it would not be beneficial to pursue a claim against a party without insurance. However, always consult with an attorney before abandoning a claim since an attorney may be able to track down hidden assets or find other defendants with deeper pockets who share legal responsibility. Also, if you carry UM (uninsured motorist) coverage with your automobile insurance you may still be entitled to receiving compensation for your damages.
WILL I HAVE TO GO TO COURT IF I WANT TO RECOVER MONETARY DAMAGES?
The majority of cases are able to be resolved without the need of filing a lawsuit. Other cases, due to conflicting statements as to liability or because of questions concerning the amount of damages, may need a lawsuit to be filed. Although a lawsuit is filed, many cases still are resolved prior to reaching the steps of the court house.
WHAT DOES MMI STAND FOR AND WHAT DOES MMI AND PERMANENT IMPAIRMENT RATING MEAN?
MMI stands for Maximum Medical Improvement. At the conclusion of your treatment with a doctor, we will request that he or she provide us with a final narrative report summarizing your medical treatment and condition. Once a physician has decided you are at Maximum Medical Improvement (MMI), if your injuries have left you with an condition that will leave you with permanent physical limitations or a permanent anatomical defect, and the need for future treatment, you doctor will assign you with a permanent impairment rating. This is generally done pursuant to The American Medical Association (AMA) Guidelines. A permanent impairment is required in order to be entitled to pain and suffering damages if you have been involved in a motor vehicle accident. While not required in a slip and fall case, it is helpful for an attorney to have in order to maximize your recovery.
CAN THE TIME I HAVE TO SUE BE LIMITED BY CONTRACT?
It is often possible to shorten a statutory limitations period by contract. For example, an employment contract might require that any claim relating to the employment relationship, including wrongful termination, be filed within one year of the claimed wrongful conduct. Courts often uphold these clauses, particularly in the context of business transactions, even though they provide for a shorter limitations period than the statute of limitations would otherwise apply.
WHAT IF THE INSURANCE COMPANY OFFERS ME A CHECK RIGHT AWAY?
Before you cash any checks or sign any documents be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of work. Consult an attorney before you negotiate with the insurance company.
CAN I RECEIVE COMPENSATION FOR MY LOST WAGES I INCUR IF IT’S MY FAULT FOR GETTING INJURED IN A MOTOR VEHICLE ACCIDENT?
Yes, if your car is licensed in the State of Florida. Then your automobile insurance coverage (also known as PIP coverage) will pay 60% of your lost wages (and 80% of your medical bills) up to $10,000.00 subject to any deductible you may have. You also may be entitled to coverage for the other 40% of your lost wages (and 20% of your medical bills incurred) if you also carry “med pay coverage.”
DO I NEED TO CALL THE POLICE IF THE DAMAGE TO MY CAR IS MINOR, I DO NOT BELIEVE I AM HURT, AND THE OTHER DRIVER HAS INDICATED IT’S HIS FAULT AND HE GIVES ME HIS INSURANCE INFORMATION?
YES! CALL THE POLICE. Do not agree with the at-fault driver if he wants to keep the police and insurance companies out of the matter. After the vehicles are moved, and if no police come and give the at-fault driver a traffic citation, the at –fault driver may change his story, making it difficult for you to prove he was at fault for the accident. Furthermore, it is very common to not notice injuries or feel pain until many hours after an accident, and sometimes days later. Failing to have documentation from a police officer at the scene of an accident may also make it difficult to support a claim for injuries.
ARE THERE PARTIES OTHER THAN THE AT-FAULT DRIVER AGAINST WHOM I CAN TAKE LEGAL ACTION?
In the State of Florida, the owner of the vehicle is responsible for damages. Therefore, if the owner of the car is different from the driver, and he has insurance, you may be entitled to damages under his insurance policy. Furthermore, if the accident occurred because the other driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident, the bar or restaurant that served the alcohol may be liable for your damages. If a defect in one of the autos caused or worsened the accident, the vehicle manufacturer may be responsible for the injuries that resulted. If a third party left debris in the road or caused one of the drivers involved in the accident to undertake a risky driving maneuver to avoid collision, these parties may also be responsible. Always consult an attorney to make sure you have pursued all avenues of recovery.
WHAT IS THE DUTY OF A LANDLORD?
A lessor of a residential dwelling has a duty to reasonably inspect the premises before allowing the lessee to take possession. The landlord must repair any dangerous condition that he knows or should know about after a reasonable inspection, or the landlord must warn the tenant of such condition before the tenant takes possession of the premises. Furthermore, the landlord has a continuing duty to repair the premises upon notice from the tenant of dangerous conditions that can cause injury to the tenant of others.
WHAT DO I HAVE TO PROVE TO HOLD A PROPERTY OWNER NEGLIGENT FOR MY FALL AND RESULTING INJURIES?
You will need to prove that your fall was caused by negligence on the part of the homeowner, business, or governmental entity responsible for maintaining the property. One key factor will be proving that the condition that caused you to fall had been on the premises for a significant length of time that the party knew or should have known of its existence. There might not be any negligence if the dangerous condition that led you to fall did not exist until shortly before your accident.
WHAT TYPE OF DAMAGES CAN I RECOVER IN A SLIP AND FALL ACCIDENT CASE?
A slip and fall case is a type of personal injury case. As with other personal injury cases, you may be able to recover damages for your out-of-pocket expenses, such as medical bills, the cost of prescription drugs, physical therapy and medical equipment. If you have to miss work because of your injuries, you may also be able to recover lost wages you have incurred and may reasonably incur in the future. If you will need to have medical treatment in the future, you may be able to recover the expenses that you may reasonably incur. You may also be able to recover damages for pain and suffering, inconvenience, mental anguish and physical impairment you have incurred or will incur in the future.