Being in a car accident is a very difficult situation on a number of levels. Your pain is sometimes secondary to the aftermath of having your car at the mechanic as well as the stress of dealing with your insurance and potentially missing work.
Make sure not to handle these claims on your own. We have extensive experience in dealing with these issues and insuring that you are represented to the best of our abilities. Accident victims may be eligible for compensation that ranges from pain and suffering to medical bills.
When you get into an accident, be sure to get the correct information about the other party including driver’s license and insurance. You should also obtain medical treatment as necessary, insist on a police report, obtain eye witnesses information, take photos and report everything to your insurance company.
One area of concentration for Samole Law Firm, P.A., is Automobile Negligence Liability, also known as Personal Injury Law.
What you should do if you are injured in an accident?
- Obtain the other driver's identification and insurance information
Report your loss to your insurance company, but do not give a statement to the other driver's insurance adjuster
Do not talk to anyone or sign anything until you see your attorney . Insurance companies have trained professionals who will take sworn statements of injured parties directly after an accident. Be aware that sworn statements may be used against you in court.
- See your physician right away. If you or your passenger are injured in any manner, it is imperative that you see a physician and obtain medical treatment as soon as possible. When at the physician's office, advise the physician of all of your symptoms. If you omit any, an insurance company will be less likely to compensate you in the future for that injury.
- Insist on a police investigation and report.
- Obtain eye witnesses contact information.
Make sure that photos are taken of your damaged vehicle prior to its repair. A mangled vehicle is oftentimes the best evidence as to the severity of your injuries. You should also take photos of any bruising or other physically visible injuries you may incur.
- If seriously injured, do not try to settle your own claim .
What Must We Prove to Win Our Case?
As with all types of negligence claims, a Plaintiff must prove four elements to win his or her case.
2. The Defendant breached that duty ,
3. The breach of duty was the proximate cause of the injuries suffered by the Plaintiff, and
4. damages .
In practical terms, the first step of establishing liability is to show which driver was primarily responsible for causing the accident. Once a Plaintiff establishes that the incident was the fault of the Defendant, in order to recover compensation for pain and suffering in Florida, a Plaintiff must establish that he or she has sustained a permanent injury within a reasonable degree of medical probability.
What are my Attorneys' Fees Going to Cost?
The Samole Law Firm handles automobile negligence cases on a contingency basis. The firm receives an agreed upon percentage of any recovery from a defendant, and advances all costs of litigation. If no recovery is obtained, the client is not responsible to the firm for any incurred expenses or fees.
What Insurance will Cover My Bills?
Mandatory Automobile Insurance Coverage:
Personal Injury Protection (P.I.P.) Personal Injury Protection or No Fault Insurance is required under Florida law for every owner of a motor vehicle. No fault insurance always provides $10,000.00 of coverage except in cases of fatality, in which cases there is a $5,000.00 death benefit.
Your own no fault insurance covers 80% of your reasonable and medically necessary medical bills incurred in an automobile collision no matter who is at fault in the accident as long as the treatment is related to an automobile collision. Your P.I.P. carrier is also responsible for 60% of your lost wages. You may select a $0.00, $250.00, $500.00, or $1,000.00 deductible for which you will be personally responsible. There are several important things one must do in order to properly receive this coverage. First, always inform your attorney of all cars owned in your family or your household to insure that you are billing the correct insurance carrier. Second, you are required to submit a P.I.P. application within a reasonable time after your accident. Please stay in close contact with your attorney so that these forms may be promptly submitted to the insurance company.
We are often asked why the medical bills from an accident should be processed under P.I.P. insurance as opposed to the Plaintiff’’s health insurance. Very simply, under Florida Law, your P.I.P. carrier does not have the right to be reimbursed the moneys it pays for your care at the time of settlement of your case. A heath insurer, however, does have a right to be reimbursed all moneys it pays out which, at time of settlement, lowers the recovery to the Plaintiff.
Recommended Insurance Coverage :
Florida Laws concerning Automobile Insurance can be very confusing at times. To help sort out what coverages cover what damages, as well as what coverages you should have with your Automobile Insurance Company, we have provided below some helpful information.
Property Damage is insurance that pays for damage inflicted on another’s automobile or property in a collision in which you were at fault. The minimum amount of this coverage is $10,000.00. This is also mandatory insurance for all owners of automobiles in the State of Florida.
Uninsured Motorist coverage is the most valuable coverage you can purchase. Uninsured motorist insurance covers you and your family for losses, including those for pain and suffering, resulting from injuries sustained in an accident when the driver who is at fault does not have any or sufficient coverage. Over 60% of the drivers in Miami-Dade County do not have bodily injury liability insurance. If you or a family member are in an automobile collision, you may not be able to collect for your pain and suffering and other losses if you do not have uninsured motorist coverage in an amount equal to your bodily injury limits. Always purchase this coverage.
- Bodily Injury Liability insurance covers you for any claims that are made by parties injured in an accident that is your fault. In other words, if you cause an accident, this insurance will pay for the damages, as opposed to you paying personally.
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