Common Personal Injury Questions

Is there any recourse for an injured driver or passenger who was hit by an uninsured driver in Florida?

Yes, there is. But at the same time, it depends (you can’t ask for a more lawyerly answer than that!). An injured driver and an injured passenger have different types of claims and different persons against whom those claims can be made.

In all personal injury cases, it is important to determine where any possible insurance coverage exists. Possible sources of coverage in a car accident case may be the owner of the other vehicle or the driver of the other vehicle, if different from the owner.

If you were hit by an uninsured driver, you could look for coverage from the owner of the other car, as well as from your own uninsured motorist coverage. The passenger in a vehicle hit by an uninsured driver could also look for coverage from the driver of the vehicle they were riding in.

If all else fails, pursuant to Florida’s Financial Responsibility Law, the driver and passenger could obtain a judgment against the owner and driver of the at-fault vehicle directly, and have their driver’s license suspended until the judgment is paid off.

It’s also important to determine if any outside factors contributed to the accident, such as poor visibility from overhanging trees or failure to maintain a stop sign.

But before doing anything or speaking to any insurance company, be sure to consult with an experienced personal injury attorney. It doesn’t cost you anything to be informed.

What’s different, if anything, about personal injury cases involving dog bites?

The problem with dealing with cases involving dog bites (or really any type of animal attack) is that the injuries are often disfiguring and sometimes disabling. Cases involving children, especially, are the most serious, because they tend to have the most long-lasting implications.

Simply put, the physical and emotional aspects of dog bite cases are unique.

It pays to note that animal owners are almost always 100% responsible for the actions of their pets. So if you’ve been the victim of an animal attack, bite back – give an experienced personal injury attorney a call for a free consultation.

Describe how you handle a wrongful death case.

Cases involving death are subject to a different set of rules – Florida’s Wrongful Death Act. This law governs who can make a claim and what type of claim. In times of loss, navigating through the maze is something that one shouldn’t have to deal with.

Cases involving the wrongful death of a child especially tend to be the most emotional kind and a family might feel guilty filing a claim on behalf of a deceased loved one.

But you should understand that it’s usually best not to subject you or your family to further loss – financial and emotional – by not pursuing your rights in cases of wrongdoing. Our office has handled many types of wrongful death cases and can help guide you through the process. There is never a fee or a cost unless our office recovers money for your damages.

How many months (or years) does a typical personal injury case take until settlement or verdict?

It depends. Sometimes a case is settled in days. Or it may take years. There are many factors driving how long a case may take to close out. Each and every case is different. Your attorney should give you an estimate after discussing the facts of your case. Just this week, for example, we settled a case that we had open for 30 days, then we settled another we had open for 3 years. So it really depends.

Do I really need a personal injury lawyer for my case? Can’t I just negotiate with the insurance company on my own?

No and yes. Really, though, it should be yes and no.

No, you don’t really need a personal injury lawyer. And yes, you can negotiate with the insurance company on your own.

But insurance companies are in the business of collecting premiums. They’re not in the business of paying claims. When insurance companies pay, it’s probably because it’s in their best interest to do so, not yours.

An attorney can help properly evaluate a claim to make sure that you are not being short-changed. An attorney can also add value to a claim by making sure that each and every dollar you are entitled to ends up in your pocket.

We say this all the time: Before saying a word to any insurance company, make sure you speak with a lawyer. The consultation is free and there’s never a fee or cost unless you get paid.