Automobile Accident Attorneys
Selecting the right automobile accident attorney to handle your auto accident case is critical. Whether you were involved in a minor fender bender or a major collision, there are so many people and things to deal with - getting a rental vehicle, getting your car repaired, your insurance company, the other driver's insurance company, paying your medical bills, and most importantly, getting the medical care you need.
The partners at Hancock & Hancock, P.A. possess the experience of over 35 years of personal injury law in the following types of cases:
Claire D. Hancock
Michael F. Hancock
Giving a recorded statement or signing the wrong papers without seeking advice from an experienced Tampa car accident lawyer could mean that you are giving away valuable legal rights. If you or a family member have been injured in an automobile accident, contact our personal injury attorneys for a lightning fast free and confidential case evaluation by completing our online consultation form, or contact us to discuss any questions you may have about your rights after an auto accident. Our automobile accident attorneys are waiting for your call.
Frequently Asked Questions Regarding Automobile Accident Cases
What can I do to protect my interests after a Florida automobile accident?
- You should report the accident immediately to the police if you have not already done so.
- Any and all witnesses to the accident should be identified by name, address and telephone number. Take photographs or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your vehicle can be invaluable in assisting us in maximizing your recovery.
- If you require medical treatment, be clear and accurate in what you say about how the accident happened. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had.
- You have a duty in Florida to be cooperative with your own insurance company. You have no such duty to cooperate or give a recorded statement to the insurance company of the driver who caused the accident.
- If you have suffered lacerations, burns or bruising, take photographs of your injuries, reflecting the injury and any bandages or braces that may have been placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed.
- Gather all automobile insurance policies in your household for evaluation by an experienced attorney to determine the full extent of insurance available to you.
What are the typical issues that I will face in making a claim for my injuries after a Florida automobile accident?
A claim made against another driver or vehicle owner is called a "tort claim." It is usually based on the concept of carelessness or negligence, although it can also be based on an intentional or reckless act. The person who is at fault for causing the accident is referred to as the "tortfeasor" or "defendant." Florida car accident lawyers and insurance adjusters know that the three categories of issues that typically arise in a tort claim after an automobile accident are as follows:
- Liability
- Damages
- Insurance Coverage
Liability refers to the question of who is at fault and to what degree. Florida is a comparative fault state, meaning that your recovery can be reduced by the degree of your own comparative fault. The insurance company representing the person who caused the accident obviously wants to minimize or eliminate the fault of its driver, and maximize your degree of comparative fault. Damages refer to the injuries or losses that were caused by the auto accident. Damages include past medical bills, future medical bills that you are reasonably certain to incur, past lost wages, future loss of earning capacity, and past and future amounts for any pain, mental suffering, loss of enjoyment of life, and other elements of damages.
Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several insurance policies are responsible for paying your damages. There are also efforts by the insurance companies to deny or defeat coverage. Plus, where uninsured or underinsured motorist coverage (UM) is involved, there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent and experienced Florida car accident attorney.
How is my Tampa car accident attorney paid? What if I can't afford an automobile accident attorney?
Hancock & Hancock, P.A. handles all cases on what is called a "contingency fee" basis. This means that no fees or costs are charged unless we collect money from damages for you. All of the consultations with our office are absolutely free. When you receive compensation, meaning that we have successfully concluded your case, either by settlement or litigation, our fees are comprised of a percentage of the gross settlement. This percentage is agreed upon before we begin work, is then put in writing, signed by you and the attorneys. A percentage of 33% is awarded prior to filing suit and 40% after the lawsuit is filed, up through the trial.
The automobile accident attorney’s fee is separate from the "costs" that the firm advances on behalf of the client. "Costs" include expenses for obtaining copies of medical records from your doctors, expert witness fees, accident reconstruction experts, filing fees at the courthouse, costs of taking depositions of the parties involved, all witnesses, doctors and other experts and other key tasks. We advance all costs related to your case. Only on obtaining a recovery for a client, are we reimbursed the costs advanced by our law firm of experienced Florida car accident attorneys.
How long will my case take?
The answer to this question depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing, or does not have a good understanding of what their future medical condition and expenses or losses will be. With that being said, typically the average automobile accident claim is resolved within six to twelve months after an accident. Once your treating physician places you at MMI (Maximum Medical Improvement), which is usually four to six months after the injuries occur, we would then prepare and send out a demand letter for settlement, subject to your approval, to the insurance company and negotiate the highest possible settlement you are entitled to. Naturally, the estimate of time is subject to fluctuation depending on the facts of the case.
What does MMI mean?
MMI means Maximum Medical Improvement. Simply stated, it is a term used by doctors to describe that your injuries and condition has improved as much as they ever will or, in other words, you are as healthy and healed as you are ever going to be.
How much is my case worth?
This is one of the most difficult questions we are often asked as Florida car accident attorneys. The evaluation of your case is based on many factors, which include, among other things, the following:
- How the accident happened
- The extent of damage to the vehicles involved
- The type and extent of your injuries and medical treatment
- Whether you sustained permanent injuries or significant scarring
- The amount of your past medical bills
- The expected amount of your future medical bills
- The lost wages you have incurred
- The future loss of earning capacity
The adverse party's insurance company has advised me that there is no Bodily Injury (BI) coverage on their insured’s policy. Can I still sue?
There is no requirement in the State of Florida that a registered owner of an automobile carry bodily injury liability coverage to pay for your injuries. Your chances of recovering a substantial settlement against an uninsured driver are slim, unless that person has substantial assets to pay any judgment rendered against him. Uninsured Motorist (UM) insurance coverage, if you carry it on your own automobile, will be available to you in the event that you sustain a serious injury caused by an uninsured or underinsured driver.
Why do we have to use my insurance company if I did nothing wrong to cause this accident?
This is because Florida is a "no fault" insurance state. According to Florida law, even when you are in an auto accident that was caused by someone else, you are required by law to submit your own medical expenses to your own automobile insurance company under your Personal Injury Protection (PIP) coverage. The individual who caused the accident and their insurance company is responsible for paying your medical bills and any lost wages that exceed your PIP policy and for your pain and suffering if you have sustained a permanent injury.
What is Personal Injury Protection?
Personal Injury Protection (PIP) is sometimes referred to as "no-fault" insurance. PIP insurance covers you and relatives residing in your household for injuries sustained in an automobile accident regardless of who is at fault. This coverage pays 80% of reasonable and necessary medical bills, 60% of lost wages, and 100% of household services, up to a limit of $10,000. Florida law requires every owner of a motor vehicle registered in Florida to carry PIP to protect themselves in the event of injuries sustained in an automobile accident. For injuries sustained in an automobile accident, PIP coverage is primary over any health insurance.
Should I attempt to settle my own claim, without a qualified Tampa auto accident lawyer?
The answer to this question can be best illustrated by one of our recent automobile accident cases. One of our clients suffered injuries as a passenger in her car, driven by her husband. Her husband was backing out of a parking space of a retail store. The tortfeasor driver, driving a friend's car, was racing through the parking lot and sideswiped our client's vehicle. The investigation revealed that the tortfeasor driver was operating the friend's vehicle without a license - it had been revoked because of the number of accidents he had caused. The owner of the vehicle carried bodily liability insurance and under the law in Florida, pursuant to the dangerous instrumentality doctrine, was liable for the damage caused by the friend. Prior to hiring our firm of excellent Tampa car accident lawyer, and after much work and frustration on her behalf, the insurance company offered our client only $500.00 to settle the claim. After asking us to represent her, we were able to obtain a settlement for her that was 20 times the amount she was offered prior to representation, just months later. Even after calculating Florida car accident attorney’s fees and costs, our client still recovered far more than the original settlement offer from the tortfeasor's insurance company.
An adjuster from an insurance company wants to settle with me and says I don't need a Tampa Car accident lawyer. What should I do?
No matter how sympathetic they may seem, adjusters who work for insurance companies have only one goal in mind when they offer to settle your case and that is to settle with the least amount of money possible. The job of insurance companies is to take your premiums/money in - not to pay money out. Studies have shown that accident victims recover more money through the use of an automobile accident attorney even after taking into account the Florida car accident attorney's fees. Always consult with a lawyer before accepting any offer made to you by an adjuster.