Personal Injury, Medical Malpractice and
Wrongful Death
Personal Injury Law encompasses an entire field of disputes arising between individuals injured in accidents and the negligent party and its insurance carriers. The attorneys and staff of this law firm have handled literally thousands of personal injury matters over the years, including:
Automobile Accidents
Commercial Trucking Accidents
Motorcycle Accidents
Boating & Personal Watercraft Accidents
Medical Malpractice Claims
Pharmaceutical Recall/Defective Drug Claims
Wrongful Death Claims
Slip and Fall Accidents
Trip and Fall Accidents
Animal Attacks
Negligent and/or Inadequate Security Incidents
Improper Lighting Accidents
Failure to Properly Construct and/or Maintain Commercial Premises
The first thing to understand about cases involving personal injury or wrongful death is that it is the primary goal of most defendants and nearly all insurance companies, including your own, to pay you as little as they can get away with and, if possible, to pay you nothing at all.
In an automobile accident you have an affirmative duty to cooperate with your own insurance company when asked to do so, otherwise they may have a right to refuse any payments to you on the basis of non-cooperation. Beyond that, if you are not represented by an attorney, you will likely find yourself requested to deal with experienced adjustors and/or attorneys from the negligent party's insurance company who, it is safe to assume, certainly do not have your best interests at heart. You should not speak to anyone representing the negligent party until you have consulted with an experienced personal injury attorney. Furthermore, the claims process is, in itself, as complicated as ever with potential pitfalls awaiting you at almost every turn. In short, if you want to maximize your ability to be fully compensated for anything and everything due to you or your family as a result of the negligence of another, at least meet with an experienced personal injury attorney as soon as you can after an injury so you can gain an understanding of the issues applicable to your case, and hopefully prevent taking any actions which may complicate or eliminate your ability to obtain money damages.
When determining what law firm to retain to assist you with your case it is important to consider the experience of the attorney who will actually be handling your file. At this firm we do not use "case managers"; rather each case is assigned to an experienced personal injury attorney to handle from the very beginning. Though many claims can be settled, some claims must be litigated and tried before a jury to obtain proper compensation. Several of the attorneys in our office have not just years, but decades of experience, standing before juries presenting their client's cases and pleading for justice. We have handled cases on both sides of the docket, and as such we know what tactics the defense will likely attempt to use to give their client every advantage. Though the number of law firms advertising for your business is significant and their ads may seem confusing, we believe that if you take the time to sit down and meet with our attorneys the choice will be an easy one.
Each type of personal injury matter presents a different set of criteria which affects the ability of an injured party to obtain compensation, and each case is fact specific; consequently, we would be happy to sit down with you to discuss your particular situation free of charge. As automobile accidents are probably the most common type of personal injury claim we have set forth below just a few of the common issues which may arise in your automobile accident claim.
First of all, Florida is a "no fault" insurance state. Therefore, generally speaking, even if the accident was not your fault, you must, as does the other driver, submit your own medical expenses to your insurance company. However, if you satisfy certain thresholds, you may still be able to hold the negligent party accountable for certain of your medical bills, lost wages, pain and suffering and other recoverable expenses and costs caused to you or your family by that person's negligence. Getting the compensation you deserve can be a frustrating and potentially drawn out process which unfortunately occurs at the time when your needs are the greatest. Aggressive representation by an experienced personal injury attorney is your best step towards obtaining the money you deserve.
Florida has what is known as "PIP" (Personal Injury Protection), which is provided through your own insurance carrier. The minimum available to you under your PIP is $10,000 and this coverage, subject to certain deductions and limitations, may be used to compensate you for certain needs due to injury regardless of who is charged with the accident. Applying for, obtaining, and best utilizing your PIP coverage is an important step in the overall claims process for which you should be well prepared and well advised. It is important to understand that not all health-care providers are looking out for your best interests and some providers may attempt to run through your PIP coverage before you receive the type of care you might really need. An experienced personal injury attorney who is actively involved in handling your claim and overseeing your treatment should be able to minimize the likelihood of this happening.
Unfortunately, Florida does not require a driver to carry "bodily injury" liability insurance coverage; therefore the issue of finding and securing all available insurance coverage(s) is crucial to obtaining full compensation for your injuries. If the driver who injures you has little or no insurance to cover your personal injuries, the chances of your obtaining compensation for your damages are low, unless the driver has sufficient personal assets which you may attempt to collect against-not an easy, or typically productive process. The only other potential source of compensation which may be available to you in that circumstance is if you carry uninsured motorist coverage through your own insurance, or by way of successfully pursuing a claim of "bad faith" against an insurance carrier, which, again, is a very complicated process.
Our personal injury attorneys and staff are trained and experienced to deal with all aspects of pursuing your claim for personal injury damages. Again, several of our attorneys and staff have literally decades of experience in and out of the insurance industry. We understand the frustrations inherent in the personal injury claim process and believe in working closely with our clients as well as with their doctors, chiropractors, and other treating personnel to make sure that all of your needs are addressed in the most effective and efficient manner while at the same time procuring the maximum amount of compensation allowable to you for the injuries you sustained due the negligence of others.
Our office handles personal injury cases on what is known as a contingency fee basis which means that you pay no fees or costs unless we collect money damages for you on your claim. Our consultations are free and, under most circumstances, we would be happy to meet with you at your home, job, hospital room, or other convenient location should you be unable to travel to one of our offices.