Personal Injury Frequently Asked Questions

If your insurance agent advises you to handle your claim without a lawyer, should you follow the advice?

No insurance salesman will ever tell you this, but insurance companies are in the business of paying as few claims as possible. Your best interest and their best interest are twains that shall never meet.

Also keep in mind, there’s no denying the bargaining power created by hiring a lawyer who is willing to take your case to court. An excellent personal injury lawyer can add value to your case by providing expert medical witnesses, compelling evidence and strategy to win your case. You have a much better chance of receiving the full compensation to which you’re entitled with a lawyer than without one.

If you’re hurt in an accident and want to file a claim what are some important actions to take?

• Notify the police at the time of the accident and file an accident report.

• Take photographs and collect any physical evidence at the accident scene that shows damage and cause.

• Get the names and contact information of anyone who witnessed the accident.

• Keep notes of your conversations with people involved in the accident or injury claim.

• Write down all possible details regarding the accident, your injuries and any losses you’ve suffered because of the accident (lost wages, car rental fees, etc.).

• Notify the person who caused the injury about your intention to file an injury claim.

How important is it to receive medical attention soon after your injury?

Receiving medical attention soon after your injury is vital. From the standpoint of a personal injury claim, the credibility of your case pivots around your medical care. You should be doing everything medically possible to recover from your injury.

Here are some important guidelines.

• Keep all scheduled medical appointments. A “no show” on your medical record will look unfavorable when settling your case.

• Often as part of the recovery process your physician will prescribe physical therapy. Make sure you attend your scheduled sessions. Once again, your record should show you have done everything possible to recover from your injury.

What part do medical bills play in a personal injury claim and how can you keep track of them?

Your lawyer will need records to show the medical expenses you’ve incurred as a result of your injury. In settling for losses and damages, your medical bills will be included in negotiations for compensation or should your case go to trial, will become part of the evidence for your case.

If you follow these steps, you’ll ensure you have properly kept track of your medical bills:

• Every time you visit your doctor, physical therapist or see anyone for medical treatment regarding your personal injury, make sure you keep a record of the visit and receive a medical bill.

• Save your prescription receipts for all medication you purchase as a result of the injury.

• Maintain a summary, charting the dates, medical bill amounts, medication purchases and how these bills were paid – whether by personal payment or by health insurance.

• Make sure your lawyer receives copies of all your medical bills as well as your medical bills summary. Relying on medical facilities or insurance carriers to send their bills to your lawyer or to you could result in incomplete records. Your lawyer will need a complete record of medical bills in order for you to be compensated the maximum award possible.

In a wrongful death, who can file the claim?

According to the Florida Wrongful Death Act a personal representative for the survivors of someone who has died may file the claim. Various states have different definitions of survivors, however this is the definition according to Florida law:

768.18  Definitions "’Survivors’ means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support.”

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