FAQs

If you suspect that you may have a legal claim, you should contact the Fort Lauderdale personal injury attorneys at the Florida Injury Law Group for a free evaluation of your case. Our lawyers are experienced with cases like yours, and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to win, our attorneys will tell you so — and help you avoid the time and expense of pursuing an unpromising claim.

Our Ft Lauderdale accident attorneys can help you answer your questions regarding insurance, property damage repairs, payment of your medical bills, lost wages and many other questions you may have. In pursuing personal injury claims, your Florida Injury Law Group lawyer will work with specialized investigators and experts who can skillfully investigate the technical and medical aspects of your case. More importantly, our lawyers can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

There is no specific time limit during which the insurance company must come to a settlement agreement with an insured or a third party claimant.

Typically, our Ft Lauderdale attorneys will give the insurance company 20 to 30 days to review and respond to our demand package — consisting of a client’s medical bills, medical records and our lawyers theory of liability and damages. Thereafter, your Florida Injury Law Group attorney may spend several weeks providing the insurance company with additional information and negotiating with them to increase their settlement offer. The negotiation period could last a few weeks to a few months.

Once the insurance company reaches their maximum settlement offer, the Florida Injury Law Group will advise you whether the settlement offer is reasonable based on our experience with similar cases. Ultimately you, the client, will decide whether to accept the offer or instruct our firm to file a lawsuit. Once a client and the insurance company have agreed upon a settlement amount in writing, the insurance company must pay within 20 days or pay interest as provided by Florida Statute 627.4265.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

This is one of the most difficult questions for our Ft Lauderdale personal injury attorneys to answer, as there are numerous variables that affect the ‘value’ of a case. However, whether your case involves an auto accident, truck accident, medical malpractice or a personal injury, the Florida Injury Law Group will work diligently to maximize the value of your claim.

Below are several variables which will affect the value of your case:

Liability

The first issue that our attorneys consider is liability, or who is at fault for the accident? It is important to know that an insurance company is only obligated to pay what the insured is legally liable for as a result of an accident. A ticket by itself is not evidence of 100% legal liability, therefore, in many instances the company may not have to pay for damages if their insured does not report the accident and cooperate in the investigation. There are many factors taken into consideration when evaluating liability claims and each situation is judged on its own merit.

Comparative Negligence

Comparative negligence is a legal principle providing that the amount of a person’s recovery from an accident is determined by the percentage of their contribution to the accident. In Florida, the percentage of the individual’s negligence in the accident is usually subtracted from the amount they would otherwise recover, if the other person were 100% at fault. For example, generally a person 50% at fault can have his damages reduced by 50%.

Damages

Cases have value based on five areas, if the liability issue — who was at fault — is clear.

Plaintiffs in personal injury cases are entitled to five areas of damages:

Economic Damages

1. Past medical bills
2. Future medical bills
3. Past lost wages
4. Loss of future earning capacity
5. Non-Economic / Human Damages
6. Pain and suffering

There is no proven formula to determine exactly how much a case is worth. Ultimately, a case’s value ­depends on how the evidence comes in on a particular case. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues that would allow the insurance company’s lawyer to take away credibility from the injured party’s case.

Based on the track record of our Fort Lauderdale accident attorneys for trying cases in the State of Florida, the Florida Injury Law Group can determine at least a ‘range of value’ for most cases. Once the personal injury attorney who is working a case has been able to gather the medical records and bills and see how a client has progressed since the time of the injury, a determination of approximate value can be made.

Even with all that information, it is often very difficult to come up with an exact figure. Typically, a range of value based on our vast experience in handling these types of cases can be determined, once all the relevant information is gathered. For one of our Ft Lauderdale accident lawyers to make a statement about value before all such information is received would be irresponsible.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

If your case cannot be settled at an earlier stage, our Fort Lauderdale Personal Injury Attorneys will file suit. Your case will then be assigned to a judge and papers will be served upon the defendant and also , if possible and applicable, the defendant’s insurance company.

The defendant will then, through his attorney, do several things:

1. File an Answer — a formal pleading in which they will either admit or deny your claim.
2. Send you a large number of written questions — called interrogatories — that must be answered by you, with the help of one of our attorneys if necessary. More detailed instructions concerning this stage will be forwarded to you when needed. These questions generally will ask for vast amounts of information concerning your past life, work ability, the circumstances of the accident and your losses since the accident in money and in pain and suffering.
3. File the necessary papers to require you to be present for your sworn testimony to be taken in a special proceeding called a deposition. When this deposition is scheduled, you will receive more detailed information from your Florida Injury Law Group personal injury attorney on how to handle the questions during the deposition — although one of our Fort Lauderdale lawyers will also be present during the deposition to assist you.
4. File the necessary formal papers to require you to produce copies of certain documents and evidence possibly in your possession. Traditionally, they will require that you produce your income tax returns for the past four or five years and copies of any bills that you have incurred as a result of the accident. This is a normal procedure that is always followed. They may also require you to produce any photographs in your possession having any bearing on the accident or your losses or damages. A Florida Injury Law Group attorney will contact you concerning these formal pleadings when and if they are received.

On your behalf, one of our Fort Lauderdale personal injury attorneys will take the sworn testimony of the defendant or the witnesses from whom we have not already taken statements. These will include witnesses of the accident for the most part but may also include witnesses with information relating to your damages or losses.

THE DEFENDANT’S EXAMINATION

In almost every case concerning personal injury, the defendant will request that you are examined by their doctor to determine the extent and nature of your injuries. Whenever this procedure has been scheduled, you will be contacted and provided with information concerning how and where this examination is to be conducted.

The defendant probably will also be taking testimony of witnesses from whom they have not received statements, or of your doctor or other persons. An attorney from the Florida Injury Law Group who is familiar with your case will attend these depositions in order to protect your rights.

Our Ft Lauderdale personal injury attorneys may also take testimony of witnesses and conduct further investigation by the formal methods allowed after a case in suit.

We will not be keeping you advised of the conduct of this discovery process since there is really nothing that you can do under the circumstances to assist during that time. If we believe that you can be of assistance to us, one of our personal injury lawyers will contact you. If you are curious as to what is going on, do not hesitate to call and schedule an appointment to come in and discuss your case; we will be doing everything necessary in order to prepare your case for trial properly.

THE WAITING PERIOD

The normal procedures of the court and the procedures involved in the formal pleadings are such that there may be some considerable delay between the time your suit is filed and the time the case is ready for trial. The delay varies with the court, the judge and the case. In many cases, there will be long periods of time during which nothing is actually occurring and we are waiting for the assignment of a trial date. Do not be worried if you do not hear from us for some period of time since we will be in touch with you when there is something that needs your assistance, cooperation or advice. If you have any questions, do not hesitate to call and make an appointment to come in and discuss the progress of your case. You may rest assured, however, that everything is being done to bring your case to trial as rapidly as possible in view of the considerations of whether your case is properly prepared for trial and whether your physical condition is such that your case should be presented to the court and a jury.

THE PRE-TRIAL

A Pre-Trial Conference is held between the attorneys and the judge so the attorneys can tell each other their side in the case. At a Pre-Trial Conference the attorneys will have to list the names and addresses of all witnesses they might use at trial. The attorneys will also have to exhibit or arrange to exhibit to each other all documentary or photographic exhibits which they may use at trial. Before the Pre-Trial Conference you will be contacted and requested to provide us with any relevant documents or photographs in your possession and a list of all the witnesses you believe might be helpful in proving your case and the extent of your losses. For example, if you have kept a diary, it will be simple for you to furnish this information to us and it may even be simpler to send your diary or a copy of it to us.

When you receive notification of the Pre-trial Conference you should send this information immediately, or if you prefer, make an appointment to bring us the information. Information not furnished at the Pre-Trial Conference may be excluded from trial.

TRIAL PREPARATION

Since the exact method of trial preparation depends greatly on the specific nature of your case, we will not go into details here. Essentially, we will make appointments with you to review your case and to prepare you to give testimony. We will also make appointments, if applicable and considered necessary, with other witnesses whom we believe to be important to present at trial.

We may request that you revisit your doctors for a follow-up examination before the trial.

Most importantly, you should advise us of anything that comes to your attention that might prevent you from attending trial or might prevent any important witnesses from attending trial.

The trial may last three full days or as much as two weeks, depending upon the nature of your case and the extent of damages and problems of proof. We will attempt to discuss this feature with you before trial but you should be aware that you and your immediate family are required to be present during the entire trial, if not in the courtroom, at least in the courthouse or in the office.

At any stage, whenever the other side presents an offer of settlement to us, we will attempt to advise you of the receipt of the offer of settlement and try to advise you whether the settlement should be accepted or rejected. Your lawsuit can be settled at any time from the day it first comes into our office until the moment before the jury returns from deliberation. We will attempt to work closely with you in advising you concerning settlement proposals, but in the final analysis, it will be up to you to decide whether or not to settle.

THE TRIAL

It is almost impossible to summarize what will take place during a particular week or two-week period. If your case is scheduled to be the first case for that period, we will be able to plan specifically when you and your witnesses will be needed trial. If your case is scheduled as the second, third or perhaps even the fifteenth case for that period, then it will be more difficult to plan exactly when you and your witnesses must be present. Usually, all cases scheduled for trial during any particular period must be prepared to go to trial on the first day of the week although occasionally the court will release the parties from being prepared for trial on the first day and require only that they be prepared some day later in that period. We will be working with the court and with the attorneys in other cases to give you advance notice as to the exact day and time you will be required to be present and when your witnesses will be required to testify.

When the trial starts, the first thing that will take place will be the selection of a jury, if applicable. After the jury has been selected, we will present to the jury all of the witnesses we feel are necessary to win your case and receive proper compensation for your losses. The defendant will then have the opportunity to present witnesses in an effort to defeat your case or reduce the amount of compensation that you will receive. We will then have an opportunity to present any additional witnesses to rebut any new testimony brought out by the defendant.

After all the witnesses have been presented, the lawyers for each side will present their final argument to the jury. We will argue to the jury that you should win and will explain why we believe the evidence presented justifies a verdict on your behalf. The defendant’s attorney will then argue why, in their opinion under the law and with the evidence, you should lose or why your verdict should be for a smaller amount of money if you win. We will then have an opportunity to rebut the arguments of the defendant’s attorneys.

The court will then advise the jury of the law which governs your case and the jury will then retire and consider all of the evidence. The jury must agree unanimously on the verdict and in most cases, they have the choice of returning a verdict either in your favor or in the favor of the defendant. If they return a verdict in your favor, then they will have the additional duty of determining how much money to compensate you for your losses.

Prior to the trial and during the trial you will be given more detailed information concerning all of the above procedure.

LET’S APPEAL

From reading newspapers, watching television or viewing movies, you may have reached the conclusion that if you or the defendant are not satisfied with the result of the trial, all you have to do is “appeal.” Unfortunately, it is not that simple. In almost all cases, the court’s decision is conclusive and cannot be reversed by an appellate court. The appellate court in almost all cases is limited to deciding whether the judge did anything legally wrong at trial and if so, whether what he did wrong materially prejudiced the case. If he ruled certain testimony inadmissible that should have been presented to the jury or if he allowed testimony to be presented to the jury which was objected to and which should not have been presented, then the appellate court will consider whether that materially prejudiced the case. If the instructions given to the jury at the conclusion of the trial were wrong, the appellate court will also consider this factor.

If the judge did not make any mistakes in the trial of the case, then the jury’s decision is binding upon the parties. If the jury believed the wrong witnesses or chose not to believe other witnesses, an appellate court cannot reverse the case. You can see, therefore, how important it is to convince the jury that you should win and that you should win a substantial amount of money — for their decision will, in most cases, be binding upon you.

If the judge did make a mistake and if the appellate court does find that the mistake was prejudicial to the losing party, then the appellate court can give the losing party another trial and allow another jury to consider all the evidence again. The appellate court itself, however, cannot increase the amount of money awarded to a plaintiff.

CONCLUSION

The above has obviously been a quick summary of the events that will or may be important in the handling of this case by our Ft Lauderdale personal injury attorneys. Some of the above information may not apply to your case. Your case may also involve some or perhaps many events not referred to or described in this information. The Florida Injury Law Group wants you to feel confident that we are doing everything possible to ensure that you win but also that you obtain the most compensation allowable under the law.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

The Fort Lauderdale Personal Injury Attorneys at the Florida Injury Law Group care about you and your well-being. Our personal injury lawyers know that being involved in an auto accident can be very trying and difficult you and your family — so it is important to know what to do after an injury has been sustained.

1. Stop and Do Not Leave the Scene

Call the Police to report the accident. Notify oncoming traffic to proceed with caution by turning on hazard lights, raising your hood and/or setting out flares.

2. Determine the Extent of Injuries

Try to stay calm. Do not refuse medical attention at the scene of the accident. It is always best to be examined by a medical professional to determine the extent of your injuries, even if you think they are minor. Auto accident victims are often in some level of shock after an accident. The shock can often mask serious injuries, and the injured may not feel any pain. Most people even deny being hurt because they don’t want to make a ‘big deal’ out of the accident. This is a trick the insurance companies use against them when settlement time comes. The insurance companies claim “If your client was hurt in the accident, why didn’t he or she go to the doctor right away?” Don’t let them win this argument; get the medical attention you need as quickly as possible.

3. File an Accident Report with the Police

Make sure to file a Police Accident Report even if you think the accident is minor. Symptoms may arise days or months after the accident, so it is vital to fully complete the report. You should not try to negotiate a payment agreement with the other parties to try to settle damages. Doing it on your own without a crash report from a law enforcement officer could result in your not being fully compensated for damages. You may also expose yourself to personal liability since no official report of the crash exists and circumstances become your word against theirs.

4. Only Discuss the Accident with the Police

It is important to try to stay focused when talking about the accident. Please limit your conversation of the accident and do not discuss fault or liability with anyone other than the Police officer. You should confer only with the Police at the scene. Never personally confront an ‘at fault party’ as you may be dealing with a violent individual.

5. Get the Facts

Remain calm and get the names, addresses and phone numbers of everyone involved in the accident. It is extremely important to write down the description of the car, license plate number, vehicle identification number and auto insurance company information from the car that hit your vehicle. It is also important to write down the names, addresses and phone numbers of any witnesses who may be present. Please also note the driving conditions, speed limits, traffic, weather and what the vehicles were doing at the time of the accident. Take your time and write down all of the facts that you can acquire.

6. Call Your Insurance Agent

Call your agent or insurance company’s 800 number immediately. (The telephone number is usually located on your insurance card.) Sometimes the Police officer can assist in giving your insurance company more accurate information under the circumstances. This can save valuable time with processing your claim. Do take and keep detailed notes of all conversations with your insurance company representative. Get the names, phone numbers, and job titles of people you speak with, including their supervisor’s name. Be honest with your insurance company. Failing to be candid with your insurance company might invalidate your policy or cause a denial of coverage.

7. Schedule an Appointment with the Florida Injury Law Group

As soon as possible after the accident, talk with one of our Fort Lauderdale Personal Injury Attorneys about protecting your legal rights. It is very important to be informed of your rights before giving any statements to insurance adjusters. In personal injury cases, you are often entitled to much more than just having your car repaired and your medical bills paid. We are familiar with the tactics that the insurance companies use and our experienced personal injury lawyers will work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

Our Ft Lauderdale auto accident attorneys have significant experience with cases like yours. Our car accident attorneys work hard to reach the best settlements for our clients, as early in the litigation process as possible. We can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, we may counsel you that it is in your best interests to wait for a more appropriate offer. Our personal injury lawyers are used to working with insurance companies and will not feel pressured to settle for an unsatisfactory amount. If the insurance company refuses to make a fair settlement offer, the Florida Injury Law Group will file suit on your behalf and zealously represent you in court — working diligently toward achieving the best possible jury verdict in your favor.

8. Make an Appointment with a Physician

Even with being examined at the scene of the accident or nearby hospital, it is important to see a physician who specializes in treating injuries following your accident for your own piece of mind. Any auto accident attorney at the Florida Injury Law Group can refer you to a physician in your area who specializes in treating accident victims. Waiting to see a doctor can delay treatment and aggravate your injury. The longer you wait for medical treatment, the more difficult it will be to connect the injuries to the accident. Do not give any incorrect statements to any doctor who may treat you with respect to any prior injuries or accidents, if you don’t remember, say so.

9. Follow Your Doctors Instructions

Make sure that you follow your doctor’s instructions. Money cannot ever replace good health, so you want to follow your doctor’s advice and treatment plan. You want to recover from your injuries as quickly as possible. Your doctor will keep track of your missed appointments and any deviations from your treatment plan. When we provide the medical records to the insurance adjuster, they will be able to see these inconsistencies. There is never a reason or excuse to miss a doctor’s appointment. By missing a doctors appointment, you are saying to the insurance company that you don’t hurt and that it doesn’t matter that much. Our job is to make a recovery for you for the pain and suffering that can be proven. Not going to the doctor is one way to prove that you are not hurting and that you don’t care. If you don’t care, the doctor might not care. It is very important for you to work hard to get well and to go to all of your appointments.

10. Take Photographs

Take photographs of all your injuries, scars and bruises. If your car was damaged, take pictures of your vehicle prior to getting it repaired. It is also a good idea to take pictures of the accident scene immediately following your accident. Good photographs can make a case by showing the insurance company the extent of your damages.

11. Document Everything

Document all of your losses including medical bills, lost wages, future medical treatment, transportation costs and the effect of the accident on your family and on your life. Documentation is a major key in obtaining full compensation for your damages. If you want to get paid for expenses and other items that you are legally entitled to recover, you have to show proof. Be sure to obtain and save all receipts itemizing any and all expenses you incurred as a result of your accident. Receipts must be dated and contain legible and compete vender identification. Please also save pill bottles, casts, braces, and any other items from your doctors. Proper documentation can give the insurance adjuster a better idea of what happened and show them how seriously you were injured.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Personal Injury Attorneys, please call us or contact us here.

Filing suit is the actual act of filing legal papers at the courthouse. The Ft Lauderdale personal injury attorneys at the Florida Injury Law Group will only proceed with filing suit with the client’s permission after all reasonable efforts have been made to resolve the case in pre-suit period.

Over the last ten years the insurance industry has gotten extremely aggressive in defending their cases and our lawyers find themselves in litigation more and more often. However, just because an attorney from the Florida Injury Law Group files suit, that does not necessarily mean that you will definitely end up in trial. Many cases can be resolved prior to trial. Based on the extensive litigation experience of our Fort Lauderdale Personal Injury Attorneys, we are able to keep our clients educated as to their options during this entire process.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

At the Florida Injury Law Group, our Fort Lauderdale personal injury Injury Attorneys will review your automobile insurance policy to determine whether you have underinsured or uninsured motorist coverage. This coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage.

Uninsured motorist coverage is perhaps the most important coverage you can carry, given the high percentage of drivers in Fort Lauderdale and South Florida with little (or no) bodily injury coverage. This coverage protects you and your family from such careless drivers.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

The experienced Ft Lauderdale personal injury attorneys at the Florida Injury Law Group know that in some instances, clients do not have medical insurance coverage or their PIP benefits are exhausted. When this occurs, some medical facilities and physicians are willing to accept a letter of protection. This document gives the patient the ability to see a physician without paying for the medical bills at the time of treatment.

These letters of protection typically, if accepted by the facility or physician, allow the patient to continue treatment and once a recovery is made, the doctor or healthcare facility will be reimbursed. However, it is always made clear to the client that even with a letter of protection in their medical file they are still ultimately responsible for paying the medical bills even if they do not get a recovery.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

At the conclusion of your treatment with a physician or when your physician has determined that you are at Maximum Medical Improvement (MMI), the Fort Lauderdale personal injury attorneys at the Florida Injury Law Group will request a final narrative report.

MMI simply means that you are as good as you are going to get. That is not to say you are as good as you were before the accident, but your condition is stabilized and you have a loss. It is at that point that some doctors assign — and insurance companies request — a permanent impairment rating. This is generally done pursuant to AMA guidelines.

Sometimes it is necessary for our Ft Lauderdale auto accident attorneys to prove that a client sustained a permanent injury before our lawyers can file a claim for bodily injury against the party ‘at fault’ for the accident. Additionally, many automobile insurance companies like to have the permanent impairment rating so they can evaluate the case.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

Medicare and Medicaid are entitled to repayment of certain sums under both Federal and State of Florida statutes.

While the Ft Lauderdale auto accident attorneys at the Florida Injury Law Group cannot change these laws — we make every effort to legally minimize the amount you must repay Medicare and Medicaid under applicable laws and regulations.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.

Florida law allows health insurance companies to recover certain sums paid toward medical expenses. This is made necessary by the negligence of others in much the same way that the laws allow Medicare and Medicaid to recover certain sums. Again, although Florida Injury Law Group cannot change these laws, your Fort Lauderdale personal injury attorney will make every effort to legally minimize the amounts the insurance companies must be repaid from settlement proceeds.

If you have any further questions or if you have been injured in an accident and would like to speak to one of our Fort Lauderdale Attorneys, please call us or contact us here.