Personal Injury Attorney

My firm handles many types of personal injury cases, including auto, truck, motorcycle, pedestrian accidents, boat accidents, and bicycle accident cases. We also handle other types of personal injury cases such as slip and fall, e.g., when people are at a store and slip on a puddle of water or other substance, and injure themselves. There is also negligent security cases where someone is attacked by a third party, in a location where there was inadequate or negligent security such as a store or an apartment complex, and there is something that the business could have done to prevent against the criminal act of another. I’ve also handled medical malpractice cases, where someone is injured through the negligence of a doctor, dog bites, or nursing home neglect. Another type of personal injury case is product liability, where a certain product injured someone because something was faulty in the product. This could also be a car accident case where something goes wrong with the car they are driving, either the seatbelt doesn’t work, or the airbag doesn’t go off, or something was wrong with the tires that caused the car to get into an accident or roll over. I handle all those types of cases.

What Are The Top Misconceptions About Working With A Personal Injury Attorney?

The top misconception is that people don’t think they need one. Many people think that if the accident is clearly not their fault and they were injured or their car was damaged, then they can deal with the insurance company on their own. One reason why people might try to do their case on their own and not get an attorney involved is that they think that they will get more money, but usually the opposite is true. If you have a competent attorney handling your case against the insurance company, they know how to work up the case so the insurance company will put more value on it and give you more money.

People also tend to think that insurance companies will be fair. They hear the slogans out their such as “With XXX you’re in good hands” or “Like a good neighbor, YYY is there.” Nothing could be further from the truth. The typical insurance agent’s job is to pay as little as possible. The less money they payout,the more money the insurance companies make. That is their number one priority, not to fairly compensate someone who is injured in an accident. If you are trying to deal with an insurance company and you are not represented by an attorney who knows the “ins and outs” of working with insurance companies, you will be taken advantage of…guaranteed.

The attorney you hire is representing you, while the insurance company is representing the person or the business that you were injured by. The insurance company works for them, the person that you are trying to get money out of. Even your own insurance company is not your friend. Don’t buy into their ads because their number one objective or goal is to give you as little money as possible.

Do People Generally Recognize The Complexity Of The Personal Injury Recovery Process?

No, people don’t generally recognize the complexity of the personal injury recovery process. Many people think if they were injured through the fault of another person and it’s clearly the other person’s fault, then the insurance company is just going to pay them. This is not true. In probably half of my cases where liability is clear-cut, such as the other driver running a red light, or they received a traffic citation, the insurance companies will still fight compensating them fairly. In more cases than not, the insurance company will fight you every step of the way.

Are Personal Injury Cases Always Such A Complex Process or Is It Easy Sometimes?

Personal injury cases can vary in complexity. Some cases are easier than others, but it’s not an easy process if you try to do it on your own because the insurance companies fight tooth and nail. You have to know how to work up the case so they will put value on it. You have to know how to get their attention on your case. You have to let them know you mean business and you are not a pushover. Insurance companies hate it when attorneys get involved, because then they know that they can’t take advantage of the person that is injured. They would love to settle a case quickly with someone who is injured before they get an attorney involved because then they can get you to accept the some lowball money offer and sign their releases. After you sign the releases, you are stuck and you can’t get out of it. However, if you have signed a release and you regret it, I would advise you to still contact an attorney because he or she may find a way to get out of it. Also, you should hire the best personal injury attorney in orlando fl.

For more information on Personal Injury Cases In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

Many cases settle prior to trial. Even if we have to file a lawsuit because the insurance company is not being fair and not offering enough money, once we start working the case up, doing discovery and presenting our arguments to the attorney who is now on the case, a lot of times they will settle before trial. Florida has mandatory mediation, meaning the court orders this before you go to trial, and a lot of cases are settled at that point, which is after all discovery is done. Mediation is a process where the plaintiff, who is the person suing, and their attorney, and the person you are suing and their attorney go to a mediator’s office. The mediator is a non-biased, fair, impartial person trying to resolve the case, trying to get the parties to come together so they can reach an agreement. That typically occurs two to three months before a trial. Then you have cases, even if they are not settled at mediation, that still settle right before a trial. I’ve even had cases settle on the morning of trial or some even during a trial.

What Are The Common Reasons That Clients Tend To Settle As Opposed To Trying The Case?

There are many reasons why clients choose to settle instead of going to court. A lot of clients want to resolve it quickly, because it could take up to a year and a half before you have a trial date and they don’t want to prolong it. In these cases, I’ll try to work it up so I can get the highest value and then try to resolve it. Another reason for settling is there is always a risk when you go to trial, and some clients don’t want to take that risk. They’d rather take a settlement amount where they know what they are going to get that no matter what happens. Other people have a certain expectation of the value of their case, and if the insurance company is not offering that value they want to have their day in court and go to trial. If my client says they want their day in court, we’ll go to trial. I have over 150 jury trials that I’ve done so I’m very comfortable in the courtroom and in trial.

Are There Any Financial Options Available For Injured People That Are Unable To Work?

There are a few financial options for injured people who are unable to work. First, every driver has, or is required to have, $10,000 in Personal Injury Protection benefits, also referred to as PIP. This not only covers medical bills, but lost wages as well. This benefit extends to the driver and any passenger in the car, regardless of who is at fault in the accident. If you submit your lost wages to the PIP carrier and can prove that those are the wages that you would have been earning had you not been injured in a car accident, PIP will pay your lost wages. If that runs out and is no longer available, you can try disability insurance, if you have it. Also, if the person who injured you was at fault and they have bodily injury insurance, you can make a wage loss claim against the bodily injury insurance. If a lawsuit is filed and you are waiting for your trial date, there are lending companies out there who will lend money while you are waiting to resolve your case, on the agreement that when you resolve your case you are going to pay them back that money. Those lending companies don’t base it on your credit score. Instead, they base it on the case. Generally they will contact the attorney, find out what the case is about and find out how much insurance is available and if it’s a good case. An attorney will work with the lending company to determine how much they would be willing to give you.

What Should I Do If The Other Party’s Insurance Company Contacts Me For A Statement?

If an insurance adjuster contacts you, you should not speak to them. You should tell them you are represented by an attorney and that all contact needs to go through the attorney. I wouldn’t recommend talking to an insurance adjuster or company without an attorney present.

What Factors Determine The Viability Of A Personal Injury Case?

There are several factors that determine the viability of a personal injury case. If you are going to make a claim against someone, there has to be some fault on that person’s behalf and it is your responsibility to prove that. You must have some type of evidence, like witnesses or photographs of the damage done to the car. If it’s a slip and fall accident, you have to take photographs of the substance on the floor that you slipped on and you have to have injuries. If you are not injured, there is nothing to sue for. You also have to be able to prove your injuries are a result of the accident, and you are going to have to go get medical treatment and be consistent with your treatment.

An attorney can help you gather and build up the evidence that is required to prove your case, but it’s very important to contact an attorney quickly. Evidence can be lost or destroyed. There may be evidence when a person is injured that they don’t even think of , but lawyers know what kind of evidence needs to be collected. So it’s very important to contact an attorney before that evidence is lost or destroyed.

For more information on Settlement Of Personal Injury Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

Having evidence and witnesses is extremely important. If you go to trial and you want a jury to decide in your favor, you as the plaintiff or the person suing have the burden of proof. This means that just because you are saying it happened in a certain way, that’s not going to satisfy your burden of proof nine times out of ten. You will need to present evidence to prove your case. Once again, personal injury attorneys know what evidence needs to be presented and what evidence to gather and to collect, so if you end up going to trial down the road you are able to present the proper evidence to a jury.

Do You Recommend That Clients Keep A Log Or Journal Of Events Following An Injury?

Yes, I would advise clients to keep a log or journal of events following an injury, because down the road if the case does go to trial it serves as refresher notes. As these trials may not happen for a year, or even up to a year and a half, when clients have to take the witness stand at a trial they can refresh their memory by this journal. With most people, memories fade so it is always good to write things down as they happen. Then at trial, you are better able to answer questions and be clear about it. Jurors don’t like answers like “I don’t know” or I don’t remember, and those types of answers are going to ruin your case down the road if you take the stand. The more specific you can be with your answers, the better off and the more believable you are. I would advise clients to keep some kind of journal keeping track of their doctor’s visits and what happened. I also recommend writing down what it’s like in their everyday lives to have these injuries, how it has impacted their lives, and what are the day-to-day things that they either can no longer do or that are more difficult to do because of the injuries from the accident.

How Soon Should Someone Seek Medical Assistance Following An Injury?

It’s always best in any type of injury case to go to the doctor immediately, even if you think that you are not injured. Go to the walk in clinic or urgent care or emergency room and get checked out. There is no requirement that you do that right away, but it will help your case and preserve evidence if you go get checked out immediately. In car accident cases, if you don’t seek medical care within 14 days, your own Personal Injury Protection benefits (PIP) can be denied or limited. This is a new law in Florida. Also, a doctor has to declare that you have an Emergency Medical Condition that you have to continue to receive care for, such as chiropractic treatment or physical therapy. If you don’t have that from a doctor, your own Personal Injury Protection benefits can cut you off at $2500 so you no longer are eligible to receive the extra $7500 in medical benefits.

Can Medical Bills Be Negotiated Down By A Personal Injury Attorney?

Yes, a personal injury attorney can negotiate medical bills down. It is part of the services that I offer, and I don’t charge any extra for this. At the end of the case when we receive a settlement, I always try to contact all the providers and negotiate the medical bills down so that more money goes to my client. We do that in all our cases and we are always able to negotiate the medical bills down.

What Are The Biggest Challenges That Someone Faces In A Personal Injury Case?

It depends on the type of the case and the facts involved in each case because there are different challenges in every case. You have to treat each case as an individual case, because they are going to have their own challenges. Probably the biggest challenge is dealing with the insurance companies and trying to work with them—not to let them treat you like your case is not worth anything, and trying to get them to stand up and pay attention to you and the value of your case. This what your attorney is for, and I try to make it as easy on my clients as possible.

Usually I tell my clients to let me worry about dealing with the insurance companies. Our client’s job is to make sure that they are getting the recommended treatment by their doctors and are following through with the medical care that they are advised to get. You just continue to treat and do what the doctors say and I will take care of everything else. I try to make it as easy on my clients as possible, so they don’t have to be bothered with the challenges. It is my job to deal with all the challenges.

For more information on Importance Of Evidence & Witnesses, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

The length of time it takes for a personal injury case to be solved can vary. Some cases can be resolved fairly quickly. Some cases, with bigger challenges, could take a few months. Those with the biggest challenges, where we have to file a lawsuit, could take up to a year or a year and a half because the court system is so bogged down. If we have to file a lawsuit, it could take a year to a year and a half to get a trial date. When I file a lawsuit, I immediately do a notice for trial, so we can get put on the trial docket as soon as possible. I’ve heard of cases out there that have been dragging on for 3 or 4 or 5 years. That doesn’t happen with the cases I have because I have a smaller caseload so I can stay focused on my cases, give them individualized attention, and push them through the court system quicker. I don’t have 500 cases where I have one file sit because I’m working on all these other cases. I’m always working on all my cases. I speak to clients every day and stay on top of what needs to be done next. That helps my clients’ cases move through the court system as quick as possible.

What Unintentional Mistakes Do People Make That Could Damage Their Personal Injury Case?

There are some unintentional mistakes that people make that can damage their personal injury case. The number one thing is they talk to an insurance company without an attorney and they make a statement that comes back to hurt their case. They might not even think that it’s a statement that could hurt their case, because they are not attorneys and they don’t know these things. It makes it more challenging for me down the road, because they made this statement that hurt their case. Another thing that hurts a person’s case is if they don’t seek medical attention immediately or if they don’t follow the recommended advice from their doctors. For instance, if the chiropractor or the physical therapist says you need to come 3 times a week in the beginning, and the person doesn’t go 3 times a week or they only go once a week or they don’t go at all, that’s going to hurt their case. The insurance adjuster or the jurors in trial might think they weren’t really injured because they didn’t go seek or get the medical care that was recommended. Additionally, huge gaps in treatment such as going to the chiropractor and then waiting for 6 months before you go back are also going to hurt your case.

How Are Attorneys Generally Compensated In Personal Injury Cases?

Attorneys are generally compensated on a contingency basis, because most people do not have enough money to pay an attorney their hourly rate as they go along. If a client hires me, they don’t have to pay anything out of their pocket. They don’t have to pay my fees for my time. I front all the costs, such as getting medical records, lawsuit filing fees, and other things that cost money in a case. If I don’t collect anything in the end, which almost never happens, the client doesn’t owe me anything. They don’t have to pay me any attorney’s fees and they don’t have to pay me any costs. So it’s really no risk to the client. Once a case is resolved, either by settlement or if the jury returns a verdict, I will take a percentage out of what I collect for the client.

What Qualities Should I Look For When I’m Hiring An Attorney For My Personal Injury Case?

There are several qualities to look for when hiring an attorney. The number one thing that you should look for is their experience in that area. Make sure you don’t hire an attorney who is a jack of all trades and does every type of law. I specialize and focus primarily in personal injury law. Another thing is to see if they have experience in court and experience in trials. There are a lot of attorneys out there who have either never done a jury trial or they’ve done very few. An insurance company knows which attorneys actually go to trial and have trial experience and which don’t. They will typically be willing to give more money if you have an attorney that they know goes to trial, has courtroom and trial experience, and knows what they are doing in the court system. That is extremely important.

Unfortunately, that is the one thing that clients do not ask about. Even before you go in and spend your time meeting them in person, you should research or ask them how many jury trials—not just bench trials with a judge—but jury trials they have done in their career, and how many have they done in the last few years. If they tried many cases 15 years ago, but for the last 5 or 10 or 15 years they haven’t gone to trial, this will not help you.

Additional Information On Personal Injury Cases In Florida

If someone is injured, and they don’t have insurance and they can’t afford medical care, their attorney can always contact the doctor and give them what’s called a letter of protection. This says that if the doctors agree to treat this person, because they don’t have their health insurance or they’ve exhausted their personal injury protection, after we resolve their case, we will then pay them out of that settlement or verdict. I’m able to do that because I’ve been in this field for a long time, and some doctors have no problem doing that. You have to know which doctors are willing to do that and which doctors are not.

For more information on Timeline Of Personal Injury Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.