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General Personal Injury
Can I sue the driver of the car I was riding in if I was injured in a Florida car accident?
Video Transcription: Short answer yes you can, but if you're injured in a car accident you can bring a claim against the driver of the vehicle you were in. However there are many variables to determine so I strongly suggest contacting an attorney to go over your case and see whether you can potentially bring that client.
Can the injured party sue me directly following a car accident in Florida?
Video Transcription: Yes. Something many people don't know is that they are going to sue you. They can't sue your insurance company because of the Non-Joinder Statue. What that means is at trial the jury is never going to hear that you have insurance. In fact, the theory is that the jury will be less likely to award money if they think you don't have insurance, something a lot of people in Florida don't realize.
Do I still have a claim against another driver for my injuries sustained in a Florida car accident if I received a ticket?
Video Transcription: What many people don't know is that in Florida, whether you received a ticket, or whether the other person received a ticket, is not admissible in evidence at a trial. Even if you received a ticket, if you feel that you were truly not at fault for an accident, I would suggest you contact and consult with an attorney, go over the facts and circumstances with that attorney, and see whether or not you in fact have a claim. To answer your question, just because you received a citation, it does not automatically mean you're prevented from pursuing a claim.
How do insurance companies determine the value of my injuries?
Video Transcription: Insurance companies use many factors when evaluating a claim. The nature and extent of your injuries, your outstanding medical bills, any future medical bills that may be incurred, your past and future lost wages and any pain and suffering associated with your injuries.
I can no longer have relations with my wife as a result of my car accident injury. Can she sue for loss of consortium?
Video Transcription: Yes, your spouse may have a claim for loss of consortium. The elements of loss of consortium under Florida law include things like loss of companionship, loss of love, loss of affection, loss of sexual relations that were formerly provided by the injured spouse, and because of the accident and the injury are no longer provided.
I do not wish to hurt anyone financially. Should I still pursue a recovery settlement for my injuries?
Video Transcription: We hear that a lot from clients. They don't mind recovering further injuries and damages from an insurance company but they don't want to financially ruin the person who actually caused the accident. If the insurance company is willing to tender the policy limits under a bodily injury liability policy, you can accept those limits and settle the case and move on.
I fell at a Florida business and the manager wants me to fill out some paperwork known as an incident report. What should I do?
Video Transcription: I'll provide the manager with your name and your contact information only. Like they say in criminal law, anything you say can and will be used against you. Give them your name, give them your contact information, and leave the premises. Seek medical attention as necessary, then consult with an attorney regarding your potential case.
I was injured on someone else’s property. What should I do?
Video Transcription: Document everything if you're able to. Whether it be taking photographs of the puddle you slipped on, or the hole you tripped in, or the light fixture that fell from the roof. The more photographic evidence the better. Then seek medical attention as needed and consult with an attorney regarding your potential claim.
I was invited to a neighbor’s house for a party and was injured while I was there. Can I recover for my injuries in Florida?
Video Transcription: Being injured on private property is no different than being injured on commercial property. If the property owner somehow was negligent and that negligence led to your injuries, then under Florida law, you have a claim.
If I am unhappy with my present car accident lawyer, can I switch attorneys? How much will it cost to change attorneys?
Video Transcription: In Florida you have an absolute right to seek new counsel if you're unhappy with your current counsel. Oftentimes this happens without any additional fees being incurred by you.
My insurance company says they are reserving their rights. What does that mean?
Video Transcription: Simply put, that's a fancy way to let you know that the insurance company is looking for a way to deny providing coverage to you under your policy. If you receive a letter stating that they're reserving their rights, you need to consult with an attorney immediately.
What is collision coverage?
Video Transcription: Oftentimes people think that because they have property damage coverage that their car is covered under that provision. That's not the case. If you're at fault for a car accident, if you don't have collision, your car's not getting fixed through your insurance company. Collision can also come into play even if you're not at fault and the person who's at fault doesn't have any insurance at all, then you're going to have to go through your insurance company unless you want to pay out of pocket and that policy is collision in order to get your car repaired.
What is comprehensive coverage?
Video Transcription: In car insurance terms, comprehensive coverage may serve to protect your vehicle and to get it repaired for things not related to actual collision: things like theft, vandalism, or fire.
What is liability insurance?
Video Transcription: Liability insurance is also known as bodily injury liability coverage. Simply put if you cause an accident and you case injuries, that injured party may bring a claim against you for their damages, their pain and suffering, their medical bills, et cetera. Bodily injury liability coverage protects you and your assets from that claim.
What is uninsured motorist coverage and how does it affect my Florida motorcycle accident case?
Video Transcription: If the at fault party does not have bodily injury liability coverage, then you would proceed with the claim through your uninsured motorist party for your medical bills, your lost wages and your pain and suffering.
What should I do if an insurance company approached me about my injuries?
Video Transcription: If an insurance company approaches you, know this. You are not obligated to speak to them at all. In order to protect your rights, I strongly suggest you consult with an attorney before speaking with any insurance company.