 | |
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. Selecting the right attorney to handle your auto accident case is critical.
The laws in Florida setting forth your rights and obligations
after an automobile accident are complex. If you are concerned about
your legal rights, contact our law firm to discuss your
automobile accident case BEFORE you talk with a claims adjuster
from the insurance company of the person at fault. These insurance
adjusters have only one goal - to save THEIR insurance company as
much money as possible. Insurance adjusters are specifically trained
and are skilled at asking questions in such a way as to minimize
your recovery. Giving a recorded statement or signing the wrong
papers without seeking advice from an experienced attorney could
mean you are giving away valuable legal rights. If you, or someone
you care about, has been injured in an automobile accident, contact
our law firm for an "instant" 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.
Frequently Asked Questions
Regarding Automobile Accident CasesWhat can I do to protect my interests
after an auto 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 photos
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 for 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?
A claim made against another driver or vehicle owner is called a
"tort claim." It is usually based upon the concept of carelessness
or negligence, although it can also be based upon an intentional
or reckless act. The person who is at fault for causing the accident
is referred to as the "tortfeasor" or "defendant."
Attorneys
and insurance adjusters know that the three categories of issues that typically
arise in a tort claim after an automobile accident are the following:
- Liability;
- Damages; and
- 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 percent 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 refers 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
the 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. And, 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
attorney. How is my attorney paid? What if I can't afford a 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 damages for you. All of the consultations with
our office are absolutely free. When you receive compensation, meaning
we have successfully concluded your case, either by settlement or
litigation, our fees are a percentage of the gross settlement. This
percentage is agreed upon before we begin work, is in writing, signed
by you and the attorneys, and is 33 1/3% prior to filing suit and
40% after the lawsuit is filed, up through trial.
The attorneys' 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, etc. We advance all costs
related to your case. Only upon obtaining a recovery for a client, are we reimbursed
the costs advanced by our law firm. 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 on what their future medical condition
and expenses or losses will be. With that being said, typically the average automobile
accident claim is resolved within 6 to 12 months after an accident. Once your
treating physician places you at MMI (Maximum Medical Improvement), which is usually
4 to 6 months after the injuries occur, we 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 have improved as much as they ever will, or, in other words, you are
as good as you are ever going to get. How much is my case worth?
This is one of the most difficult questions we are often asked. 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 coverage on their insurer'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 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. Based upon
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 person who caused the accident,
and/or his insurance company , is responsible for paying your medical
bills and 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 required to be registered in Florida 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?
The answer to this question can be best illustrated by one of our
recent automobile cases. One of our clients suffered injuries while
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, 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
attorneys fees and costs, our client still recovered many times
over the original offer from the tortfeasor's insurance company
to settle.
An adjuster from
an insurance company wants to settle with me and says I don't need a lawyer. What
should I do?
Adjusters who work for insurance companies, and no matter how sympathetic
they may seem, have one goal and only one goal in mind when they
offer to settle your case . . . to do it 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 accident victims recover
more money through the use of a lawyer even after taking into account
the attorney's fees. Always consult with a lawyer before accepting
any offer made to you by an adjuster.
FREE CONSULTATION
FOR YOUR AUTO ACCIDENT CASE
If you, or someone you care about, has suffered
injuries in an automobile accident in Florida, contact our law firm for an "instant"
FREE and CONFIDENTIAL evaluation of your automobile
accident case. Attorneys Michael Hancock or Claire Hancock will personally
provide detailed and comprehensive answers to your important questions by reviewing
your completed questionnaire, evaluating your claim and responding to you, either
by e-mail or telephone, within 24 hours. Or, if you prefer, call Michael Hancock
or Claire Hancock from anywhere in the United States at 813/915-1110. Our
phones are answered 24 hours a day, 7 days a week. We will answer your questions,
without charge, and there is no obligation to use our services.
In addition
to auto accident cases, Hancock & Hancock handles the following types of cases
in Florida:
|
