FAQ
The following information includes
frequently asked personal injury questions. The answers stated
are general in nature and are not intended to apply to every
personal injury situation. Each case is different and carries
its own set of circumstances which must be taken into
consideration by competent legal counsel. By contacting Lanny M.
Feldman P.A., you can receive a personal consultation regarding
your specific legal claim.
Automobiles/Motorcycles
What should I do after a car accident?
What should I do after a motorcycle accident?
What about repairs to my vehicle?
Who pays for lost wages?
Who pays the medical bills?
What if I don't have car insurance?
Should I speak with the insurance adjuster?
How can I protect my legal rights?
Can I get a rental car?
Personal Injury
What is liability insurance?
What is negligence?
How can I find out the value of my claim?
What about damages?
Will I get compensated for lost wages?
What if an accident is not my fault?
What is comparative negligence?
Is there a certain time frame to make a claim?
Slip and Fall
What if I'm injured in a fall?
What is property owner's liability?
Wrongful Death
What is a personal representative?
Are there time limitations for filing a claim?
What about recoverable damages?
Other Accidents
What should I do if I get injured while boating?
What about construction accidents?
I was injured because of defective products. What can I do?
I was in an uninsured hit and run. What should I do?
I was injured as a pedestrian. What should I do?
I was bitten by a dog. How can you help?
Automobiles/Motorcycles
What should I do after a car accident?
If
you are involved in an automobile accident involving property damage or
personal injury, it is important to take certain simple steps to
protect your legal rights. First of all, obtain the name, address, and
telephone number of the other driver as well as the other driver's
insurance company name and policy number. Also, get the name and
address of any witnesses. Do not rely on the police to do this.
If you believe the other person was at fault, ask why they did what
they did to cause the accident in front of another witness before the
police officer arrives. In this way, the witnesses can later
testify what the other person said.
You
should contact your insurance company or agent immediately following
the accident. If you do not give proper notice, the insurance company
may later deny you the benefits of your insurance policy.
If someone representing the other party should contact you, all questions
should be referred to your insurance company or your own attorney. You are
under no obligation to give a recorded statement or a signed statement
without the assistance of your lawyer. Remember, this statement may later be used against you.
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What should I do after a motorcycle accident?
Motorcycle
accidents are often so unique that it is especially important to be
represented by an attorney who is familiar with these types of cases.
It is important to talk to an attorney at the earliest
opportunity. You may wish to be represented before you speak to
an insurance company representative. If you
speak to an insurance representative before you know your rights, you
may innocently say or do or sign something that will jeopardize your
case. If you have any questions about your accident,
it is in your best interests to contact an experienced personal
injury attorney.
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What about repairs to my vehicle?
If
you are involved in an automobile accident with damages to your
automobile, you have a right to collect from your own automobile
insurance if you have what is commonly referred to as "collision"
insurance coverage, regardless of who caused the accident.
If you have collision coverage, you are entitled to receive payment for
reasonable repairs or the reasonable value of the automobile if it is a
total loss, less any deductible you may have selected.
If you do not have collision coverage and some other person caused the
accident, you have a right to make a claim against such other person
and his liability insurance, if any.
You may also have insurance coverage, which will reimburse you for
towing and rental car expenses. Any deductible and any reasonable
expenses not covered by your insurance are recoverable from the person
who caused the accident or his liability insurer. Your own
insurance will also try to get reimbursement from the other person or
his liability insurance.
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Who pays for lost wages?
If
you have lost wages as a result of an automobile accident, you have a
right to collect from your own personal injury protection (PIP)
insurance for 60% of your wages up to $10,000, less a deductible, if
you chose one. These wages are payable by your insurance company
even if you caused the accident.
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Who pays the medical bills?
If
you have medical bills as a result of an automobile accident, you have
a right to collect from your Personal Injury Protection (PIP)
insurance, 80% of your medical bills up to $10,000.00 less any
deductible you chose. These medical bills are payable by your
insurance even if you caused the accident.
You have a right to recover the other 20% and 100% of any amount over
$10,000.00 from the person who caused the accident, or his liability
insurance.
If you did not cause the accident, you may still recover the 80% up to
$10,000.00 from your own insurance. Your own insurance must pay
you the 80% within 30 days of notice of the bills and must continue to
pay the bills. If you also have lost wages or lost earnings, you
should claim the wages before the medical bills, or the $10,000.00 may
be all used up to pay the medical bills before you receive payment for
your lost wages. You need to review your insurance as the
$10,000.00 is the minimum coverage and you may have selected additional
coverage. You may also have medical insurance individually, or through
your employer that will pay medical bills from an automobile
accident. If you did not own an automobile at the time of the
accident, you may be entitled to collect the 80% of the first
$10,000.00 in medical bills from the automobile insurance on any
relative in your household, or from the insurance on the automobile you
were riding in, or from the insurance on the automobile that struck
you.
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What if I don't have car insurance?
If at the time you are involved in an automobile accident, you do not
own an automobile and do not have automobile insurance, and you are not
living with any relative who has automobile insurance, you have a right
to claim your medical bills and damages from the person who caused the
accident of his liability insurer. If the person who caused the
accident is also uninsured, you may still sue him or her, but you may
find it difficult to collect any judgment.
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Should I speak with the insurance adjuster?
If you have an attorney, never talk with any insurance adjuster
without your attorney's prior knowledge and consent.
Obviously, if you plan to represent yourself, you will have to answer
questions. Try to be as brief as possible, do not guess, and
rather than giving your own opinions, refer the adjuster to medical
reports, bills, and estimates.
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How can I protect my legal rights?
If
you are involved in an automobile accident, there are a few simple
steps that help you protect your legal rights. First of all, you should
obtain the name, address, and telephone number of the other driver and
verify the information by that driver's license. You should also obtain
the name of his or her insurance company. Next it is recommended to
obtain name, address, and telephone numbers of any witnesses to the
accident. A police officer should be called to the scene to prepare an
accident report. Finally, you should report the accident to your
insurance company in order to be qualified for payment of property
damages and medical benefits under your automobile policy.
An attorney experienced in personal injury laws should be able to
assist you in determining your rights after an accident.
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Can I get a rental car?
Should your car be damaged in an accident, you may be entitled to
rent a car while your damage claim is being processed. If you
purchased rental coverage under your automobile insurance before your
accident, your insurance company will cover some or all of the cost of the
rental depending on the type of coverage.
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Personal Injury
What is bodily injury or liability
coverage?
Bodily injury or liability coverage is insurance that protects people for their own
negligence. When someone is injured because of the fault of
another person, the negligent person's bodily injury or liability coverage will be
used to compensate the injured person for his or her damages. If
you have suffered an injury due to another's negligence, you must
promptly notify that person's insurance company. Most homeowners
and property owners carry liability insurance, but not all auto drivers
carry bodily injury coverage. Bodilly injury or liability coverage is different from no-fault or PIP
coverage. It is important to find out early on just what coverage
the at-fault person has and whether there might be any reason the
insurance company would not cover the particular accident in
question.
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What is negligence?
If
you are injured through the negligence of another, you are entitled to
compensation from that person or that person's insurance company.
Under Florida Law, negligence is the failure to act in a way that a
reasonable person would act in the same or similar circumstances.
The key word is reasonable. A store owner that realizes
there is something slippery that has been spilled onto the floor and fails to clean
up within a
reasonable time, is negligent. Again, the key word is
reasonable. A party claiming damages for negligence must
demonstrate that he or she suffered an injury as a result of someone
else's negligence.
If you have been injured and you
are unsure whether your injury was caused by negligence, you should
consult a lawyer specializing in these matters as soon as possible, and
ask that lawyer to investigate your claim since Florida Law requires
that you make your claim within a specified period of time.
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How can I find out the value of my claim?
Evaluating
a personal injury claim can be done only after a complete investigation
of all aspects of the case. This must include a detailed analysis
of the injury itself, the medical pictures both past and future, the
rights and liabilities of the parties involved, as well as their
ability to pay.
If the case cannot be
settled, many other facts come into play, such as how good are the
witnesses, the opposing attorneys, or how sympathetic will the jury
be. Each case, large or small, must be evaluated
individually.
Rather than relying on a friend or what you might have read in a
newspaper, the best advice would be from an attorney who specializes in
these cases.
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What about damages?
A
"tort" is a civil wrong for which the law provides a remedy in the
form of damages. To recover for these wrongs, the plaintiff needs to
prove that a duty was owed to him or her, the duty was breached, and the breach directly caused damage. Damages
are
assessed in the form of personal injury or economic losses. In order to
be compensated for your damages, the court must be able to ascertain the
value of the loss. If your damages are speculative, and
require the court or jury to guess, you may not recover from such
damages. If you have been damaged by someone else's conduct, you
should consult with an attorney who can help you determine the amount of your damages.
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Will I get compensated for lost wages?
Lost wages is generally an element of damages recoverable from the
defendant under state law. The plaintiff has the burden of proving to the court
or jury the damages that he or she has suffered as a direct result of
the defendant's wrongdoing. Generally, testimony of a medical
expert may be needed to prove the existance and type of disability
preventing the plaintiff from earning his or her regular wages.
Proof of the lost wages is part of the evidence needed
to substantiate the claim for lost wages. It is important to
determine if your case allows recovery for lost wages and what evidence
is needed to prove your damages. For more information on lost
wages, contact an experienced attorney.
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What if an accident is not my fault?
Under the
no-fault concept, your own insurance company pays your medical bills, usually at
80%, and your wage loss at 60%, up to the sum of $10,000. The purpose of the no-fault concept is
to ensure medical expenses are paid no
matter who was at fault. If you are involved in an
accident, be sure you understand your rights under your own automobile
insurance policy. Speaking with an attorney knowledgeable in
personal injury is important when dealing with your
insurance company.
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What is comparative negligence?
Comparative
negligence is the determination of the percentage of fault between the
complaining party and the at-fault party. Generally the damages recovered
may be reduced if your own actions contributed to the accident. For a better understanding
of comparative negligence law, you should contact an
experienced personal injury attorney.
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Is there a certain time frame to make a claim?
Every claim has a particular statue of limitations associated with that
claim. The statute of limitations depends upon the type of claim. In the
state of Florida, a claim based upon negligence must be filed within four
years from the date that the cause of action accrued. In medical malpractice
cases or other professional liability cases, the period of time is much
shorter, generally two years from the date that the claimant knew or should
have known of the injury. In particular circumstances, the statute of
limitations may be determined by the policy of insurance applicable to the
claim. Since all claims are subject to a statute of limitation, you must
notify an experienced attorney as soon as possible when you are injured.
A
personal injury claim generally is concluded by either a settlement or
a trial. A settlement is an agreement by which the responsible
party pays a monetary sum to the injured party in an amount the injured
party agrees to accept. Settlements may occur at any time after
an injury, but usually not earlier than the time that the injured person has reached
maximum medical improvement.
After the
injured party files a lawsuit, either party may request a trial
date. The actual date will vary greatly depending upon the complexity of
the matter.
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Slip and Fall
What if I'm injured in a fall?
If you are injured because of a slip and fall, your first reaction
is likely to be embarrassment. Because of this, most people fail to pinpoint
the cause of their fall, or to ascertain the names and addresses of anyone
who might have seen the fall, or the cause of the fall.
There are many hazards which might cause a fall such as foreign substances
on the floor, poor lighting, or other conditions, all of which should be
noted and pointed out to any witnesses or employees of the store of business
where the fall occurred. Remember to ask the name and address of anyone who
saw the cause of your fall.
Generally speaking, property owners are required to keep their property in a
reasonably safe condition, and are required to warn you of any unsafe
condition. Prompt investigation into the facts surrounding your fall is
essential. If there was a foreign substance on the floor, it is essential to
prove that it was there long enough for the owner to clean it up. Look to
see if there are footprints, dirt, or anything that would indicate the
substance was on the floor for some period of time before the fall.
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What is property owner's liability?
A property owner is not liable simply because a person falls and is
injured on his property. The claimant must prove that the property owner was
negligent. A property owner may be considered negligent in maintaining
and/or constructing his property if he knew or should have known about a
dangerous condition on the property. For example, a property owner leaves an
open hole without warning barricades or other notices, or someone spills
something in a store and the store employees fail to clean it up in a
reasonable time. The key word is reasonable. It is up to the claimant
to show that the foreign substance was on the floor long enough that the
store employees knew of it, or should have known of it. It is very
important to investigate slip and fall accidents as soon as possible after
they happen to attempt to prove that the property owner knew or should have
known of the hazard.
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Wrongful Death
What is a personal representative?
The personal representative of an estate in a wrongful death action
initiates the lawsuit on behalf of some or all of the survivors left by the
deceased. The personal representative lists the claims for each survivor for
which the law allows.
Each case is different, and it is important you discuss all of these aspects
with an attorney who specializes in these types of cases.
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Are there time limitations for filing a claim?
Every state has a certain time limit governing how long you have to
file a personal injury case after an injury or accident occurs. The law
refers to these time limits as statutes of limitation. The amount of time
available to file a claim depends on the state that you live in and the type
of case being filed. You should consult an attorney about your specific case
and your state laws.
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What about recoverable damages?
The loss of a loved one is a tragic event, although no amount of
money can ever replace a parent, spouse, or child. You are guaranteed
certain rights under the law, if the lawful conduct of another hence
resulted in the death of a love one. The law recognizes that the death of a
family member caused by the fault of another may result in some financial
hardship which means medical expenses, the lost of earnings, and support. In
addition to financial losses, the law firm wants you to make a claim for the
intangible aspects of your relationship including the loss of companionship,
the attention, comfort, love, affection, guidance, and protection. In our
system of justice, a family is entitled to reimbursement to these intangible
losses, as well as loss earning or medical expenses. In order to assess the
value of wrongful death client, it is necessary to determine the deceased
person's age, sex, health, physical and mental characteristics, occupation,
contribution to the family, and the person's relationship with other family
members. Damages may be recoverable for the past and future losses. You
should have an attorney who specializes in these cases review your claim as
soon as possible.
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Other Accidents
What should I do if I get injured while boating?
State laws vary, but in general, all boats and personal watercrafts
must be operated in a careful and prudent matter at a special rate of speed
so as not to unreasonably endanger life or property of any person. The same
duty is imposed upon those who water ski or water sled. A boat or jet ski
cannot legally carry more than the number of persons that it is designed
for. Watercraft may not be operated at high speed close to shores, docks, or
swimming areas. Additionally, regulations concerning lifejackets and safety
devices must be obeyed. Also a watercraft may not be operated by anyone
under the influence of alcohol or controlled substances. Failure to obey
these laws makes both operator and the owner of the watercraft liable for
damages resulting from the negligent operation or use of the watercraft.
In the event of a personal injury involved with a boat or jet
ski, the accident or injury must be immediately reported to the
nearest police officer in the county in which the injury
occurred. It is important to obtain the names and the addresses
of both the operator and owner of the watercraft that is
involved in the accident. Additionally, you must make careful
note of the registration number of the watercraft and obtain the
names and addresses of any witnesses if possible. For more
information on boating accidents, talk to an attorney.
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What about construction accidents?
Some of the more common injuries occurring as a result of
construction are injury sustained by a person passing by a construction
site. Generally, construction workers who are injured have the benefit of
workers' compensation. Construction workers may, however, recover additional
damages if their injuries were caused by the negligence of an independent
contractor other than their own employer or by negligence of the general
contractor or building site owner.
If the injury occurred in a common worked area, there are
many state and federal regulations as well as industry standard
that require the owner and general contractors and independent
contractors to implement wide variety of safety measures.
Violation of these safety regulations and standards may be
evidence of negligence upon which suit damages may be based.
Damages and addition to workers' compensation, wage loss, and
medical benefits may include additional wage loss benefits, pain
and suffering, mental anguish and compensation for the lost of
ability to engage in other activity such as recreational
activities. For more information on construction accidents, talk
with an attorney.
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I was injured because of defective products. What can I do?
Under Florida Law, anyone injured by a defective product may be
entitled to compensation. If a person or corporation designs, builds, or
sells a product with a defective condition, that person or corporation may
be held responsible for the injuries caused by that product's defects.
Products which have resulted in injuries have been found defective because
of the failure to have adequate instructions or warnings.
Products liability litigation is quite complex, and you
should be certain that you hire an attorney that specializes in
this type of practice.
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I was in an uninsured hit and run. What should I do?
If you have been injured in an automobile accident by a driver who
does not have insurance, or does not have enough insurance, or who was a hit
and run driver, you may still be able to recover damage for your injuries
under what is known as uninsured motorist's coverage. The law lets you file
a claim with your own insurance company to recover for injuries caused by
drivers with insufficient and or no insurance. In order to make such a
claim, you should make a police report of the accident and promptly report
the accident to your own insurance company and you must have uninsured
motorist coverage. If all these requirements are satisfied, you may file a
claim for damages caused by the other driver; however, you must act
immediately because there are time limits in which you must make your claim
or it will be barred. You may want to seek the advice of an attorney who
specializes in cases involving uninsured or hit and run accidents.
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I was injured as a pedestrian. What should I do?
If a pedestrian is injured as a result of the negligence of the
driver of a motor vehicle, the pedestrian may be able to recover damages
from the driver or owner of the vehicle. Such damages may include lost
wages, pain and suffering as well as other damages. If you are a pedestrian
and are injured as a result of a motor vehicle accident, you should obtain
the name and address of the driver in the accident, name and address of the
owner of the vehicle, and the name of the insurance company regarding
coverage for the vehicle. The names and addresses and telephone numbers of
any witnesses should also be obtained if possible.
If you are injured, a police officer should be contacted so that the
accident can be properly investigated and a police report prepared. The
police officer should be advised of all injuries sustained. A police report
is very useful when seeking damages for your injuries. You should also
immediately contact your insurance company; you should not, however, provide
a statement or an interview to the other party's insurance company until you
have talked to an attorney. State laws vary, but generally a lawsuit against
a negligent motorist must be instituted within a certain time of the date of
the accident, or the statute of limitations bars it.
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I was bitten by a dog. How can you help?
In many states, the owner of the dog is strictly liable for any
injury caused by his or her dog while the person is in a public place or
lawfully on the property of the owner. Even if the dog has never bitten or
injured anyone ever before, the dog owner is still liable for damages such
as medical cost, lost wages, and pain and suffering. The victim of a dog
bite is also entitled to compensation for any scarring and disfiguring. In
the event of a dog bite or injury, the police or local animal control should
be immediately contacted. The victim should seek prompt medical attention
and be present for follow up appointments. Often the dog will be quarantined
in order to determine if the dog has any serious disease. If you have been
bitten or injured by a dog, you should obtain the names and addresses of any
witness. You may also wish to consult with an attorney before providing any
statements, interviews, authorizations, or releases to any representative of
an insurance company. A n experienced personal injury attorney will be able
to advise you as to the length of time set by the statute of limitation
within which a lawsuit may be filed. For more information about dog bites,
talk to a personal injury attorney.
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