FAQs

Personal Injury & Death

My Car is a “total loss” according the insurance company.  What does that mean?

A vehicle is declared a “total loss” if the repairs will exceed 80% of the ACV (Actual Cash Value) of the vehicle.  This standard has been set by the state of Florida.

Do I accept their offer once the value of my vehicle is determined?  How do they come to that total?

Some things that affect the value of your vehicle are its mileage, overall condition and any upgrades.  The easiest way to see how they determined the value of your vehicle is ask for written documentation on how they came to that value.

My car is damaged, I have a tow bill and I had to get a rental; who’s going to pay for all this?

The quickest and easiest way is to go threw your own carrier if you have collision coverage on your insurance.  Your other option is to go threw the other party if they are responsible and their and insurance company has accepted liability. 

Can I recover my losses from lost wages and medical bills?

In Florida, you will receive 80% of your medical bills and 60% of lost wages up to $10,000 under your Personal Injury Protection (PIP) coverage. If you have a deductible you need to pay that first

How long will it take to get reimbursed for my lost wages?

These three (3) documents are required to make a claim for lost wages.

1.       A letter from your employer, on company letterhead dates and times you were off because of your injuries.

2.       Your treating physician needs to provide a disability slip with the amount of time they are requiring you take off.

3.       Your most recent pay stubs.  If your self-employed you need two years of tax returns

Do I have to report the accident to my insurance company if the car I was driving is not mine?  Why do I have to report it?

Due to Florida’s “No Fault” Law, if you have a registered motor vehicle in Florida you must carry Personal Injury Protection (PIP) and Property Damage coverage.  If you are hurt in an accident you must first submit any medical bills and lost wages claims to your own carrier first.  It does not matter who was at fault for the accident.

I do not personally own a vehicle and was injured while I was a passenger in another vehicle. What do I do?

If you live with a relative, either by blood or marriage, who has a registered vehicle you would need to file a Personal Injury Protection (PIP) claim with your relatives insurance carrier first.  If you do not live with a relative who own a vehicle you can make a claim for PIP through the insurance carrier of the owner of the vehicle you were riding in.

How long does it take to receive a claim from Personal Injury Protection?

An insurance company will only complete a claim once treatment of your injuries is finished.  Both sides will then try to reach a mutual agreement in the shortest amount of time possible.  If an agreement cannot be reached the next step is to file a lawsuit.

My doctor told me I have a “permanent injury”. What does this mean?

An injury is considered a “permanent injury” if it falls into one of the following categories:

1.       Permanent or significant loss of a bodily function, or

2.       Significant permanent scaring or disfigurement, or

3.       The possibility of it being a permanent injury with reasonable degree of medical probability

4.       Death

My spouse was not injured in the accident. Why does he/she have to be involved in my claim for injuries?

It is possible that your spouse has lost the benefit of some of your service around the home.  They are entitled to be compensated for this loss.  This is called a derivative claim.  In most cases an insurance company will not settle unless the spouse if also included in any agreement.

I want to file a personal injury or wrongful death lawsuit, how much will this cost?

It does not cost you anything to file a claim.  The only time we charge a fee is when we successfully negotiate a settlement with the insurance company.  Even if a case has to go to trial and the jury awards you nothing in compensation you still owe us nothing.  Our fee is a standard one-third of any settlement amount.

If I receive personal injury settlement is it taxable?

Taxes are not applicable on compensation received due to a personal injury settlement.

In Florida what are the Statute of Limitations for filing wrongful death lawsuit or personal injury lawsuit?

You have four (4) to file a personal injury claim in the state of Florida.  It is two (2) years in the case of wrongful death; this is starts at the date of death.

Who should I talk to if I have just been in a car accident?

1.       First, do not admit any fault and do not discuss the facts of the accident with any one involved in any of the other vehicles

2.       Do not admit fault to the responding officer; however do assist the offer in the investigation

3.       Immediately report the accident to your insurance company give them any information they can use to protect your interests

4.       Only talk to your insurance company and the officer, do not talk to the other parites of the accident or their insurance company

5.       If your injured seek medical attention

6.       Take Photos.  Get pictures of the accident scene, the vehicle involved and any injuries including cuts and bruises.

I was in a store and slipped and fell. What should I do?

1.       Try to determine what the substance was that caused you to slip and fall, the size of the area affected by the substance, how the substance got onto the floor, and whether there were any signs or warnings in the immediate area; 

2.       Get the names/addresses of any witnesses, including store clerks; 

3.       Report the incident to the Store Manager before leaving the store; 

4.       Seek medical attention if your injured; 

5.       Try to get a copy of the store’s Incident Report; 

6.       Take photographs of the area where you fell and any injuries including cuts and bruises.

Will medical bills or lost wages be paid by the store I was injured in?

If you are injured in a store it does not necessarily mean that they are automatically liable for your injuries.  You must be able to prove the store was at fault in order to be able to recover damages.  For example if faulty equipment or an employee caused the dangerous condition or if the dangerous condition had been there long enough to have been discovered and corrected by an employee or had a warning put into place.

The neighbor’s dog bit my child while playing inside the neighbor’s house. What should I do?

1.       Seek medical attention for your child

2.       Determine if the dog has had it’s rabies shots

3.       Find out if there have been prior incidents and report your incident by contacting animal control

4.       Take Photos.  Get pictures of your child’s injuries including cuts, bruises and the bite marks

5.       Find out the name, address and policy number of the dog’s owner’s homeowners’ insurance company.

Who will pay for my child’s medical bills after a dog bite?

It depends.  If the dog owner has home owners insurance and it does not exclude dog bites then the homeowners insurance will cover the medical bills.  However, if they do not have homeowners insurance or the insurance excludes dog bites you will need to pay medical expenses from your own health insurance.  If it is determined that the dog owner is liable they would be responsible for reimbursing you for medical expenses.

Is the owner of the dog responsible to pay for my child’s injuries, including scarring or disfigurement?

It depends.  Several actors come into play when determining the dog owner’s legal liability. Including:

1.       Was there a warning sign for a “Bad Dog”

2.       Did your child provoke the dog

3.       The age of your child

If it is determined that the dog owner is liable they would be responsible for reimbursing you for medical expenses.

 Is the Landlord legally liable if the owner of the dog was a tenant?

Usually the landlord is only liable if they knew the tenants dog had a propensity for viciousness, such as having bitten others.  If they have this knowledge and allow the dog to remain on the property then they may be responsible for reimbursing you for medical expenses and injuries.

Is compensation for my child’s personal injuries taxable?

Taxes are not applicable on compensation received due to your child’s personal injury compensation.

The step ladder I recently purchased collapsed while I was standing on it and I injured myself. What should I do?

1.       Seek proper medical attention

2.       Locate your receipt for the step ladder

3.       Take Photos.  Get Pictures of all labels on the ladder, the accident site including the ground or floor area where the ladder was positioned, and your injuries, including abrasions, lacerations and bruises

4.       Locate all literature and warranties on the ladder.

5.       Do not release possession of the ladder to anyone.  Keep it stored securely and safely preserve it.

6.       Notify the store where you purchased the ladder, but do not give any statements to any other party or insurance company and, again, equally important, do not release possession of the ladder to anyone.

I have medical bills, lost wages and injuries from my step ladder injury.  Who will pay those?

When consumers are injured because of a product defect, they have a right to seek compensation for their injuries and damages from the manufacturer and sellers of that defective product.  This includes the manufacturer of the defective component part and the wholesaler who supplied the retail store.

What is a “defective product”?

1.       A defect can exist in the form of inadequate warnings regarding a dangerous aspect of the product or improper instructions on the use of the product that result in harm to the consumer.

2.       A defect can exist in the design of the product;

3.       A defect can exist in the manufacture of the product

Do I have to pay income taxes on my recovery from a “defective product” claim?

Taxes are not applicable on compensation received due to a “defective product”.