Personal Injury FAQ
Answers From a Coral Gables Personal Injury Lawyer
If you have been injured in an accident that was caused by the negligent
or misconduct of another, then under Florida law you have the right to
hold them accountable for any damages. At Florida Insurance Claim Attorney
Advocates, PA the legal team is committed to protecting the rights of
injury victims in and around Coral Gables, Florida.
Attorney Joshua Diamond has been advocating for personal injury victims since 1997 and he continues
to provide exceptional legal representation in wide variety of injury
claims. If you have any questions about your injury case, please do not
hesitate to speak with the
Coral Gables personal injury lawyer from the firm.
What is negligence? [+]
In order for your personal injury claim to be considered valid, you must
be able to prove that you were injured by the negligence of another individual
or entity. When a person is negligent, it means that they acted carelessly,
failed to exercise reasonable care and did not consider the safety of
others. If you were injured because someone acted out of misconduct, then
that person could be held liable for any damages that are incurred as a result.
What is the statute of limitations for personal injury actions in Florida? [+]
In Florida, you only have a certain amount of time in which to file your
personal injury claim. With personal injury cases, you only have four
years from the date that the injury was sustained. Medical malpractice
cases are only allotted a two year period from the date the injury was
detected. If the injury victims was a child age eight or younger, then
the statute may be extended. Be sure to speak with an injury lawyer before
it is too late to recover compensation for the wrongful act that caused
How much could my personal injury claim be worth? [+]
It is difficult to put an exact monetary value on an injury claim because
every case is unique. When the insurance companies
evaluate your case, they will look at several different factors to help determine the amount
of restitution that you should be awarded. The main contributing aspect
in your case will be who was at fault, how severe your injuries were,
your age, how your income was affected, and whether or not the liable
party has insurance coverage. The injury attorney at the firm can help
you get fully reimbursed for your medical expenses (past and future),
your loss of income (past and future), loss of earning capacity and any
pain or suffering you had to endure.
How long until my personal injury case is resolved? [+]
Again, it is nearly impossible to give an exact estimate of how long each
case will take to conclude. In general, personal injury cases take about
one to two years to fully settle depending on how many parties are involved
and the extent of injury. Medical malpractice claims tend to take the
longest to resolve because they are more complex and take further investigation.
When the other party's insurance requests a formal statement, should
I give them one? [+]
It is never wise to give a formal recorded statement to the insurance company
that is representing the other party. They only request it so that they
can somehow use it against you and deny you compensation. That insurance
company is not looking out for your best interests, so be sure to speak
with your lawyer before answering any questions. This way you can ensure
that your statements won't be twisted and used to make your case seem weak.
In Florida, do I still get compensation if I was partially at fault for
the accident? [+]
Every state has different laws regarding this issue, but in Florida they
abide by a pure comparative fault rule. This means that you will receive
a certain amount of restitution based on your percentage of fault. You
will not be denied compensation in full if you are partially to blame
for the incident. For example, if you are 30% at fault for the accident,
they will take that into consideration and deduct 30% from your award amount.
Can I still recover compensation if I was hit by an uninsured driver? [+]
In Florida, every driver is strongly encouraged to purchase Uninsured Motorist
Coverage for when situations like this arise. If you were hit by an uninsured
or underinsured driver, then you may be able to be compensated through
your Uninsured Motorist Coverage.
Why do I need an attorney? [+]
While some cases with clear-cut liability may have insurance companies
offering you a settlement, often liability is disputed and you may need
to fight for a fair settlement. The bottom line is that insurance companies
are looking to give you the very minimum compensation for your injuries
and in some cases, deny your claim altogether. They are looking out for
themselves, not considering your best interests. Even when negligence
is obvious, insurance companies will generally have the interests of their
bottom line in mind and will not offer you the compensation you may be
entitled to. With a personal injury attorney at your side, you can rely
on their skill and experience in aggressively negotiating on your behalf.
Your attorney will go after the full amount of recompense you deserve,
taking present and future factors into consideration. You may be able
to go after punitive damages to cover your medical bills, loss of income,
and you mental or physical anguish. With a personal injury attorney looking
out for your best interests you may be able to collect compensation for
various sources. Remember that once you accept the insurance companies
restitution offer, you are giving up any future right to go after further
compensation. Investigation of disputed cases can lead to a successful
settlement, whereas someone without an attorney representing them may
find they are denied offhand by an insurance company.
How do you get paid? [+]
The office fees are always contingent upon his office successfully settling
your case. You pay nothing up front until we recover damages on your behalf.
The insurance company is willing to come to my house and give me a check
today, should I accept it? [+]
Your insurance agent is most likely applauded and encouraged to close out
claims as quickly as possible while paying out the minimum amount of support.
It is therefore not in your best interest to accept their first offer.
You would be missing out of the full amount of restitution that you are
entitled to. Most insurance companies will take advantage of you during
this difficult and vulnerable time and make grand gestures saying that
they will come directly to your home as soon as possible and write you
a check right there on the spot. The downside is, they are eager to pay
you out because in the end they are benefitting from it. Talk to your
injury attorney today and find out how much time you have to file your
claim under the laws of your state. Don't rush into it. You can take
your time so that you are not forced to accept an unreasonable settlement.
Just remember that as soon as your sign on the dotted line, your claim
is closed and you cannot go after any further compensation for your injuries.
If my insurance company asks me to sign a medical authorization, should
I comply? [+]
When you sign an unlimited medical authorization, your insurance company
now has legal permission to do thorough research into your personal medical
history, your employment history, school records, even your finances.
By doing this, they can find out all they need to know about you and possibly
use this information against you in court. It is always discouraged to
sign any medical authorization because they could use it to deny you compensation
or lower your recovery amount. Speak with your attorney today and learn
which documents are necessary to give to your insurance and which are not.
If I was hurt on someone else's property, do I have a personal injury case? [+]
If you and your attorney are able to prove that your injury was sustained
because of the property owner's negligence then you may have a case.
If the injury was mostly at your own fault that is something they will
take into consideration as well. It is key to prove that negligence is
what caused your injury. Attorney Diamond can evaluate your case for free
and let you know if you have a solid personal injury claim.
Contact a Coral Gables personal injury attorney today if you need assistance with financial recovery in your injury case.