When you’re injured in an accident, you likely have many questions about the legal process, your rights, and what to expect. Here are answers to the most common questions we receive from clients throughout Palm Beach County.
Q: What is considered a personal injury case? A: A personal injury case occurs when someone is injured due to another person’s or entity’s negligence. This includes car accidents, slip and falls, work injuries, medical malpractice, and other situations where someone else’s carelessness caused your injury.
Q: How long do I have to file a personal injury lawsuit in Florida? A: In Florida, the statute of limitations for most personal injury cases is 4 years from the date of the accident. However, there are exceptions, and it’s important to contact an attorney immediately to preserve evidence and protect your rights.
Q: Do I need a lawyer for my personal injury case? A: While not legally required, having an experienced personal injury attorney significantly increases your chances of receiving fair compensation. Insurance companies have teams of lawyers working to minimize your claim – you need someone equally experienced on your side.
Q: How much does it cost to hire a personal injury lawyer? A: Most personal injury attorneys, including Marcos Gonzalez, work on a contingency fee basis. This means you pay no attorney fees unless we win your case. We also advance all case expenses, so there are no upfront costs to you.
Q: What should I do immediately after a car accident? A: First, ensure everyone’s safety and call 911 if anyone is injured. Then:
Q: Florida is a no-fault state. What does this mean for my car accident claim? A: Florida’s no-fault law means your PIP (Personal Injury Protection) insurance covers the first $10,000 in medical expenses regardless of who caused the accident. However, if your injuries are serious or exceed this amount, you can pursue a claim against the at-fault driver.
Q: The insurance company offered me a settlement. Should I accept it? A: Never accept the first settlement offer without consulting an attorney. Insurance companies typically offer much less than your case is worth, especially early in the process before the full extent of your injuries is known.
Q: What if the other driver doesn’t have insurance? A: You may be able to recover compensation through your own uninsured motorist coverage. An experienced attorney can help you navigate these claims and explore other options for recovery.
Q: Am I eligible for workers’ compensation in Florida? A: Most employees in Florida are covered by workers’ compensation if their employer has 4 or more employees (or 1 or more for construction companies). This includes both full-time and part-time workers.
Q: What benefits am I entitled to under workers’ compensation? A: Florida workers’ compensation provides:
Q: Can I sue my employer for a work injury? A: Generally, workers’ compensation is your exclusive remedy against your employer. However, you may be able to file a personal injury lawsuit against third parties (like equipment manufacturers or other contractors) who contributed to your injury.
Q: My workers’ comp claim was denied. What can I do? A: A denied claim doesn’t mean you’re out of options. An experienced workers’ compensation attorney can help you appeal the denial, gather additional medical evidence, and fight for the benefits you deserve.
Q: If I slip and fall on someone’s property, are they automatically liable? A: Not automatically. To have a valid slip and fall case, you must prove the property owner knew or should have known about the dangerous condition and failed to address it or warn visitors about it.
Q: What if I was partially at fault for my slip and fall? A: Florida follows a comparative negligence system. If you’re found partially at fault, your compensation will be reduced by your percentage of fault. For example, if you’re 20% at fault, your award would be reduced by 20%.
Q: How long do I have to report a slip and fall accident? A: You should report the accident to the property owner or manager immediately. While there’s no specific legal deadline for reporting, prompt reporting strengthens your case and prevents the property owner from claiming the accident didn’t happen.
Q: What types of compensation can I receive in a personal injury case? A: Compensation may include:
Q: How is pain and suffering calculated? A: There’s no exact formula for pain and suffering. Factors include the severity of your injuries, impact on your daily life, length of recovery, permanent disability, and emotional trauma. An experienced attorney can help maximize this aspect of your claim.
Q: How long does it take to settle a personal injury case? A: Case timelines vary widely depending on factors like:
Q: Do I have to give a recorded statement to the insurance company? A: While you must cooperate with your own insurance company, you’re not required to give a recorded statement to the other party’s insurer. It’s best to have an attorney handle all communications with insurance companies.
Q: What if the insurance company says I have a pre-existing condition? A: Pre-existing conditions don’t automatically bar you from recovery. If the accident aggravated or worsened your pre-existing condition, you may still be entitled to compensation. Medical records and expert testimony can help prove the accident’s impact.
Q: Can the insurance company force me to see their doctor? A: Insurance companies may request an Independent Medical Examination (IME). While you generally must comply, remember that these doctors often work regularly for insurance companies and may not be truly “independent.”
Q: What if I can’t afford medical treatment? A: Don’t let financial concerns prevent you from getting necessary medical care. Many doctors will treat accident victims on a lien basis, meaning they wait for payment until your case settles. An attorney can help arrange this type of treatment.
Q: Should I continue treating with the same doctor throughout my case? A: Consistency in medical treatment strengthens your case. However, if you’re not satisfied with your care or need specialized treatment, discuss options with your attorney.
Q: What if I feel better and want to stop treatment? A: Don’t stop treatment without consulting your doctor and attorney. Gaps in treatment can be used by insurance companies to argue that you weren’t really injured or that you’ve recovered.
Q: Will my case go to trial? A: Most personal injury cases settle out of court. However, if the insurance company won’t offer fair compensation, we’re prepared to take your case to trial.
Q: What happens during a deposition? A: A deposition is sworn testimony given outside of court. The opposing attorney will ask you questions about the accident and your injuries. Your attorney will prepare you for this process and be present to protect your interests.
Q: Can I handle my personal injury case myself? A: While legally possible, it’s not recommended. Personal injury law is complex, and insurance companies take advantage of unrepresented claimants. Studies show that people with attorneys recover significantly more compensation than those without.
Q: What is Florida’s pure comparative negligence law? A: Under Florida law, you can recover compensation even if you’re partially at fault for an accident. Your award will be reduced by your percentage of fault, but you’re not completely barred from recovery unless you’re 100% at fault.
Q: Does Florida have a cap on personal injury damages? A: Florida generally doesn’t cap personal injury damages, except in medical malpractice cases. This means there’s no artificial limit on compensation for your injuries and suffering.
Q: What is PIP insurance and how does it work? A: Personal Injury Protection (PIP) is mandatory in Florida and covers 80% of medical expenses and 60% of lost wages up to $10,000, regardless of fault. You must seek treatment within 14 days of an accident to maintain PIP coverage.
Q: How do I choose the right personal injury attorney? A: Look for:
Q: What questions should I ask a potential attorney? A: Important questions include:
If you have questions not answered here, or if you’d like to discuss your specific situation, contact experienced personal injury attorney Marcos Gonzalez for a free consultation.
Call 1-800-487-8315 today.
Located at 939 Belvedere Road, West Palm Beach, FL 33405 Serving all of Palm Beach County and South Florida No fee unless we win your case
