FAQ

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How long does it take to settle an auto accident claim by self? How long will it take if handled by a lawyer?


As a former Claims Operations TeamLeader who used to review, negotiate and settle these types of cases ( attorney represented & non represented) for Progressive; I strongly urge you to hire an experienced personal injuries lawyer immediately.

There are many variables that determine the value of your case; and only experienced personal injuries lawyers can navigate to achieve the best outcome for your case. Although the facts pattern suggests that you may have suffered significant injuries, but be mindful that Progressive will come forth with defenses in order to undermine the value of your case. At this juncture, this case is not quite ready for settlement if you wish for Progressive to tender its policy limits. I now handle these types of cases all over the state of Florida and you may contact my office for free consultation.


What to file to keep child support arrears from taking my personal injury settlement


I came across that same issue last year, and eventually found out that all gross or net personal injury proceeds shall first be used to satisfy child support arrears in Florida if there is a court order that personal injury recipient is in arrears of child support in Florida. Insurance companies are simply complying with Florida laws requiring them to withhold such payments, and absent a court order forcing them to pay you or your attorney directly, the money will go to the state for the beneficiary ( child/ children) .

If you encounter this problem, you or your attorney should contact your local Child Support agency or the agency where such order originates, attempts some form of resolution with a release and maybe the personal injury proceeds can then be paid directly to you or your attorney.


I was 50 percent at fault in an auto accident (did not go to arbitration) if I collect a check, will my insurance go up a lot?


Based on the facts as you’ve described them, you were 50% liable for the accident, and thus can be charged with an at fault charge in your clue report.

Clue reports are generated through an information database, whereby information companies collect information and accident/ driving history of potential clients at policy inception and or renewal. This report allows insurance companies to determine the correct premium for you.
Thus, if your clue report indicates an at fault accident, your premium could certainly increase and most insurance companies subscribe to this service.


I ended with some pain to my back and neck after a rear end collision.


First, seek medical care for your child and then report it to your insurance company. Claims involving minors are delicate and require special attention, as such they should be handled by an experienced personal injury lawyer.

Florida revised pip law requires all treatments to begin 14 days from the date of the accident; thus i urge you to watch for this time limitations. The good news is that pip will pay her medical expenses and you can bring a claim for pain and suffering against the at fault party insurance company. I invite you to contact my office for free consultation


I was hit by a dui driver head on. I received multiple severe fractures and was hospitalized for 10 weeks. He had no medical.


This case can best be handled by an experienced personal injury lawyer to help you navigate through these coverage issues. In Florida, the at fault party is not required to maintain bodily injury liability coverage, which is why, as was suggested by other posts, most drivers carry UM/UIM coverage to protect themselves. Your PIP coverage will cover your medical bills up to 10k in Florida, and you can access your own minimal um coverage once there is a showing that at fault did not have bodily injury liability coverage. Review your policy to confirm your um policy limits, is it stacked or non stacked ?

Regarding your injuries, they seemed serious enough for your um insurance company to immediately tender/pay its minimal policy limits.
If you experience any problems collecting from your um insurance company, i suggest you seek assistance from an experienced personal injury lawyer. I handle these types of cases in Florida and you are welcome to contact me for free consultation.


UM Motorist Settlement. My UM insurance carrier who told me that I don't need an attorney is offering 3K to settle a claim.


Based upon the facts as you’ve described, and without having the opportunity to review your medical records, i suggest you contact a personal injury lawyer immediately.
Fortunately, you’d carried UM coverage. Your case appears to have some of the important elements that may warrant a much higher settlement amount. Make sure you request and document pictures and property damages estimates of the other vehicle.

Furthermore, you must be able to address the adjuster’s arguments with documented proof of your medical records and out of pocket expenses. If you have no prior injuries and can prove that all of these injuries were causally related to the accident, your case’s value is much higher than the current offer being presented by Geico.

As always, don’t accept the first offer and make demand on Geico to tender its policy limits. But, you really need legal counsel on this case.


Can i sue my insurance company for pain and suffering if i had a hit and run accident?

Yes, you may sue your own insurance company for pain and suffering and all other damages resulting from a hit and run accident, if your policy of insurance had uninsured motorist coverage at the time of accident.
I suggest you contact a lawyer in your area for assistance.


If I'm sued on a subrogation claim from an auto accident case where I had no b.i., will I be sued by Insurance Co who pays UM?


Yes, you will definitely be sued by the insurance company after it has made payments under its UM policy. This process is called ” right of subrogation”. In most cases, the insurance company will notify you in advance of its intent to subrogate/ seek reimbursement for all payments made under the UM coverage portion of its policy . It’s in your best interest to negotiate and attempt payment arrangements with the insurance company before the filing of lawsuit against you in order to avoid accruing additional costs and legal fees.
Best of luck.


Why should I Hire a Wrongful Death Lawyer

Wrongful death law refers to the law that aims to protect victims who are harmed by the action or inaction of another entity or person. A claim can be filed for injury acquired by an individual either physically or mentally. Wrongful death lawyers seek to win compensation for their clients. If you feel you are a victim and are uncertain what your legal options are, the best thing to do is to speak with wrongful death lawyers who will guide you through the process.

Why should I hire a personal injury lawyer quickly?

Well, it is because of the fact that the laws on personal injury have the so-called “statute of limitations” which sets a time limit during which legal action must be taken. So even if you believe that you have lots of time to find the best lawyer, you have to take the appropriate action immediately to avoid losing your legal rights and win your lawsuit in just a short time.

If I Have Been In An Accident, Do I Need A Lawyer?

If you have been in an accident, whether at work, in an automobile or under some other circumstances, you may be wondering if you need to seek the advice and counsel of an attorney. On one hand there are the advertisements by lawyers on television that insist that you need their help to protect your rights. On the other hand, the insurance company that is handling your claim may insist that they are doing everything necessary for your interest and health. Who should you believe?

In most cases it is advisable to seek the counsel of an attorney. Even if you do not end up hiring him or her to represent you, it is a good idea to at least consult with them to make sure that you understand all of the legal repercussions of your injury. Many times, certain laws or rights maybe unknown to you, or worse, the insurance company may not willingly inform you of all of your rights.


I've Been Charged. What Can I Do To Help Myself?

Take a piece of paper and write “To my lawyer” at the top of the page. This will preserve the privileged nature of the document. Write down in as much detail as possible (do not worry about including irrelevant facts) everything that happened during the incident that lead to the charge.

The next task is to find the right lawyer. This may seem to be a formidable task. After all, what do you know about the law? Knowledge of the law is not something you need to find the right lawyer. You are able to determine whether you like someone. You are able to judge whether you like the person’s approach. You are able to assess a person’s communication skills. You are able to appreciate how much time that person has or has not spent with you. Use these factors to guide you. You have a lifetime of experience dealing with people. Rely on it. Trust your instincts. Trust yourself.


What is the true definition of a Personal Injury?

Personal injury cases are brought about by physical injury or mental anguish caused by actions or negligence of another party.
Personal Injury cases can include Auto Accidents, Defamation of Character, Product Defects and Medical Malpractice to name just a few. In order to be sure if your personal injury case has validity in the eyes of the law, contact a legal professional in your state.
If you suffer accidental personal injury or damages through the fault of another, that person or business is legally responsible (liable) and can be required to pay compensation. To determine responsibility, the court looks for negligence–carelessness by one of the parties involved. Whoever is determined to have been less careful (i.e. more negligent), is legally responsible for at least part of the damages incurred.


What Should I Do If I Am Arrested?

While no one ever plans on being arrested, it is a good idea to know what you should and shouldn’t do in case it ever happens. By understanding what is expected of you and what circumstance can make your situation worse, you will be better able to handle the distress and fear that comes with being arrested.

First of all, there are certain things that you should do if you ever find yourself in this scary situation. Do attempt to stay calm and try to only speak to the police officer in a respectful, polite manner and tone of voice. By staying calm you will be better able to assess the situation for what it really is and better able to recall all of the details of your arrest later for your attorney. By being polite and respectful you will cut down on the chances that the arresting officers will become angry or aggressive, which could lead to your being injured or harmed.