FREQUENTLY ASKED QUESTIONS
I recently suffered physical injuries in an accident. Do I really need an attorney?
Depending on the facts surrounding the accident, you may be entitled to compensation for the injuries sustained. The compensation that you may be entitled to includes no-fault medical benefits, lost wages, property damage, anticipated future medical costs along with pain and suffering. The Florida injury law attorneys at Dolman Law Group will assist you with filing your claim for no-fault benefits. We will handle all communications with the applicable insurance carrier(s) involved and will begin investigating the claim from day one. We utilize the services of an investigator to obtain all pertinent information and evidence relating to the accident and interview all available witnesses. Our primary goal is to maximize the available recovery (settlement or jury verdict) in your case. That process begins immediately at Dolman Law Group. Contact Dolman Law Group today for more information.
The fact is that insurance carriers treat unrepresented injury victims much differently than those who have retained legal counsel. In fact, insurance carriers typically offer nuisance value (i.e., settlement offers with the intent to make you go away) on injury claims filed by the victim who is unrepresented. In other words, you will likely be offered a minimal amount of money. Further, the applicable insurance company will want to resolve this claim as soon as possible, which is a very dangerous proposition for the victim. It may take months before we know the full extent of your injuries. In fact, you may require extensive treatment. By resolving the case within weeks of the accident the insurance carrier is trying to remove the risk that your damages will increase and you may have suffered a permanent injury.
Can I still get my medical bills paid if I was partially at fault for the accident?
The simple answer to this question is, yes. Florida subscribes to what is called a pure comparative negligence system in dealing with tort claims. This means that if you were partially at fault for an accident, you are still entitled to recover the damages that are attributed to the negligence of others. Determining how much fault will be attributed to each party is very difficult and will be left up to the jury if your case goes to trial. An experienced personal injury attorney will be able to advise you on whether or not your claim is likely to succeed. Contact the Dolman Law Group today for advice on your claim.
How much is my injury case worth?
Each case is different and will yield a different result. Every day I am asked “how much is my case worth?” Two car accidents can appear to be exactly the same, but have two very different outcomes. There are a number of factors that determine how much a case will yield including:
1. Total medical bills.
2. Possible future medical expenses
3. Percentage of fault each party is responsible for.
4. Past and future lost wages.
5. Effect of the injuries on lifestyle, work, family, and other important aspects of life.
6. Characteristics of all of the parties involved
7. Which insurance company that represents the defendant.
These are just a few of the numerous factors that determine the value of your case. The experienced personal injury attorneys at the Dolman Law Group will walk you through the good and bad aspects of your case and try to help you better understand what to expect. Our goal is to keep our clients informed and to work with them to ensure that they are left in the best possible position after suffering a traumatic accident.
Is it really necessary for me to talk to an attorney?
Personal injury claims are often long and complicated and insurance companies employ an army of adjusters and lawyers to protect their interests from prospective plaintiffs. If you are involved in an accident that is caused by the negligence of another person, that person’s insurance company will assign an adjuster and very likely a lawyer to handle your claim and defend the case. This means that you as an individual must deal with two professionals who are trained to make your claim go away for as little money as possible. Contacting an experienced personal injury attorney levels that playing field. The lawyers at the Dolman Law Group will represent you with the utmost tenacity; we will do everything necessary to ensure that your rights are protected and that you aren’t left holding the bag after an accident that you weren’t responsible for. Contact us for a free consultation to see how the Dolman Law Group can help you today.
What if I can’t afford to pay for Legal Representation?
Most personal injury attorneys, including all of the attorneys at the Dolman Law Group, work for what is called a contingency fee basis. This means that the attorneys will not receive any compensation for their services until a recovery is made on your behalf. Most personal injury attorney will not charge you a retainer to ensure their services, and will even advance the costs necessary in order to recover on your claim.
In Florida, there is a limit to how much an attorney can charge on a contingency fee basis. If the case recovers less than $1 million, fees are limited to 33.3% if the case is settled before a lawsuit is filed, and 40% after the suit is filed and answered by the defendant. As the value of your case goes up above $1 million, the percentage that the attorney may charge goes down. As a potential plaintiff, it is very important that you understand how your lawyer is going to charge you for his services. The Florida injury lawyers at the Dolman Law Group will take the necessary time to ensure that you understand exactly how they will be paid, and how that payment will affect your recovery. And of course, every client will be given the personal cell phone number of his or her assigned attorney to ensure that all questions and concerns are addressed as quickly as possible.
I just had a car accident, what should I do now?
Follow these steps to protect yourself from further harm after an accident.
1. Get yourself to a safe place. Roadways are no place to stand or linger, so pull your car off of the roadway if possible. If not, place your emergency flashing lights on, and either remain inside your vehicle, or get off to the side of the road.
2. Call the police. In any situation involving an accident, you need to have a trained police investigator assess the situation. Filing a police report with your account of what happened in the accident is vital in determining who will be held responsible for the crash.
3. Get medical attention as soon as you can. Car accidents often involve violent collisions that contort the body and can cause a variety of injuries. Often, hidden injuries resulting from car accidents catch victims off-guard in the days following an accident. It is important that you seek precautionary medical attention as the effects of hidden injuries such as whiplash, TMJ, and traumatic brain injury can be devastating.
4. Call an experienced personal injury attorney to advise you in protecting your rights. The Dolman Law Group will always advise you of these and other steps you should take after an accident when you call us for help. Our office number is (727) 451-6900.
My car is wrecked, should I take pictures?
Yes! Pictures of the damage to your vehicle can be very useful in putting pressure on insurance companies that refuse to acknowledge your injuries. Your attorney will be able to use them to show the severity of the accident, and demonstrate the seriousness of your injuries. Pictures can sometimes be the difference in obtaining a reasonable settlement and being forced to carry a case through litigation. Try to get at least a few pictures of each side of your vehicle. A good way to do this is to walk around your car with a camera or camera-phone and snap pictures as you go. But remember, while pictures are important, safety is a much bigger priority after your accident.
What should I avoid doing after an accident?
There are a number of things that you should avoid doing after an auto accident. Some of the most important things to remember are:
1. Don’t forget to call the police. Drivers involved in a car accident sometimes forgo getting the police involved by just exchanging information. This can cause serious problems for any future causes-of-action you have against the negligent driver: The other driver could lie about his or her identity or insurance coverage, thus leaving you without any means of recovery; you might lose or misplace the contact information by mistake; and no matter what if you choose not to call the police you will not have an official accident report to back up your account of what happened. A police report will benefit you as the victim of the accident, because it will support your story against the possibility of false representations by the other driver. So remember, after an accident call 911 first, then contact an experienced Florida attorney.
2. Avoid recorded statements. We urge that you avoid giving any recorded statements to insurance companies. It’s important that you remember that there is a conflict between your interests and the interests of the insurance carrier. As an accident victim, your interest is in recovering the loss that you have suffered to avoid large out-of-pocket expenses from the accident. The insurance company’s only interest is in paying as little as possible on your claim. Very rarely will one of these recordings benefit the individual. We at the Dolman Law Group recommend that you contact an experienced personal injury attorney for advice on your case before giving any official statements to the insurance carriers.
3. Do not wait too long before seeking recovery on your claim. In Florida there is a set period of time for accident victims to sue for personal injuries. Personal Injury actions must be brought within four years of the accident which caused the harm. This means that waiting more than four years after your accident to attempt to file a claim will bar your recovery completely. Even more stringent is Florida’s statute of limitations governing wrongful death cases, which must be brought within two years of the death. It is very important that you protect yourself from these strict time limits by getting quick medical attention after your accident and contacting a Florida Personal Injury Attorney as soon as you can.
How long will it take to resolve my personal injury case?
This is one of the most difficult questions regularly asked by clients to answer. Your case may go through several different phases before it is resolved. Immediately, after the accident you will have to seek medical attention for your resulting injuries. You may have to treat with several doctors, receive medical testing, and go through treatment procedures to determine the type and severity of your injuries. Once your injury has been identified and treatment has begun, your attorney will attempt to negotiate a settlement on your behalf with the insurance carrier of the negligent party. If a settlement cannot be agreed to within a reasonable amount of time, your attorney should next file a law suit on your behalf. The Florida rules of civil procedure govern the amount of time that it takes to fully litigate and try a personal injury case in civil court. This time can be lengthy based on factors such as the jurisdiction, the caseload of the judge, and complexity of the cause of action.
One of our goals at the Dolman Law Group is to ensure that we handle your claim in the most time-efficient way possible. We will attempt to move your case through pre-suit negotiations as quickly and effectively as possible. Most cases will move through this phase within four to six months. However, we will never ignore the best financial interests of our clients just to see that a case is resolved sooner rather than later. Our number one goal is to represent our clients in the most honest and effective way possible. Contact the Dolman Law Group today for a free case consultation.
The person that hit me does not have insurance, what can I do?
In Florida, insurance companies offer what is call uninsured/underinsured motorist coverage. What this coverage provides is protection for personal injuries that are caused by the negligence of a person with insufficient insurance to cover the costs. In order to be protected by this type of insurance, you have to carry it on your own policy. In the very small number of situations where a negligent driver is uninsured, your uninsured/underinsured motorist policy holder will be liable for the damages you incur. These claims often operate in exactly the same way as a normal personal injury case, with the difference being that you are recovering from your own insurance carrier. It is very important to remember in these situations that the representatives from your carrier are not out for your best interests. Just like every insurance adjuster, they will be looking to minimize the insurance company’s loss. Contacting an experienced personal injury attorney to represent you in these situations is the best way to ensure that you are protected.
What if I don’t know who caused my accident?
In the case of a hit-and-run where the negligent driver is never identified, plaintiffs can sometimes recover under Florida’s underinsured/uninsured motorist policies. (see above for more specifics)
Do I need to treat within 14 days of my accident?
You may be confused by recent radio commercials aired by lawyer referral services such as 411 Pain or 1-800-Ask-Gary. In fact, a recent 411 Pain radio spot features a non-attorney spokesperson stating that if you fail to seek medical treatment within 14 days following the accident than “it just doesn’t matter.” This is actually quite misleading. Based upon changes to Florida’s no-fault statute that went into effect on January 1, 2013, an accident victim must commence medical treatment within 14 days or personal injury protection benefits will not be applicable. However, it is important to note that based on the new provisions to the no-fault statute, a victim only has $2500.00 in personal injury protection benefits unless a physician states the individual has an “emergency medical condition.” Prior to January 1, 2013, an auto accident victim had $10,000.00 in personal injury protection benefits regardless of emergency medical condition.
At Dolman Law Group we have resolved numerous cases with fruitful settlements on cases in which our clients waited far longer than 14 days to commence treatment. In an ideal world every auto accident victim would commence treatment immediately. Yet, this is not the case more often than not. Many individuals will wait an extended period of time to see if their pain or discomfort will subside as opposed to running to a physician as a knee jerk reaction. There is no reason for such individuals to be punished for waiting to see whether the pain and discomfort would resolve on its own. The advertisements you hear on the radio are self serving as the legal referral services have a vested interest in you seeking immediate medical treatment so they may bill your PIP benefits. For more information on this topic, please see: http://www.dolmanlaw.com/treat-14-days-accident/
Should I consider laser spine surgery?
No. This is an unproven science with no long term peer reviewed studies to determine the long term efficacy of such procedures. Please see the following article http://www.dolmanlaw.com/is-laser-spine-surgery-bogus/
What damages can I seek in my personal injury lawsuit?
- physical and emotional injuries
- loss of earning capacity
- outstanding medical bills and out of pocket costs
- lost wages
- future medical costs for ongoing treatment
- punitive damages (for willful and wantonly reckless behavior)
What is the statute of limitations on personal injury cases?
The statute of limitations on Florida personal injury cases is four years on claims against the (third party) at-fault party and five years on an uninsured/underinsured claim against your own insurance carrier.
Do I have to go to Court?
Not necessarily. In fact, a large number of cases resolve without the need for filing a lawsuit. However, even if we move forward and litigate your case; there is a strong possibility we can resolve the claim at or before mediation. Thus, only a small percentage of cases ever see the light of a courtroom.