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NEGLIGENCE
Negligence is defined as the failure to use reasonable care.

PERSONAL INJURY
Besides auto accidents, most other accident and injury claims fall largely within the area of personal injury law. Personal inury claims include:

Victims of DUI
Slip and Falls
Premise Liability
Negligent Security
Dog Bites
Boat Accidents 
Faulty or Defective Consumer Products  

Certain types of accidents or injuries are closely akin to pesonal injury claims, but have a special set of laws that govern them.  An example would be worker's compensation cliams.  The types of personal injury claims are too numerous to list. However, most personal injury claims involve accident or injuries caused by the negligent or intentional conduct of a person or company.  Negligence is defined as a failure to use reasonable care.  In other words doing something a reasonably careful person would not do or failing to do something a reasonably careful person would do.

In a personal injury claim, a person may recover economic damages, including past and future medical expenses, as well as past and future lost wages. In addition, an injured individual may also recover non-economic damages such as pain and suffering, disfigurement, disability and loss of enjoyment of life. The spouse of an injured individual may also recover for his or her own losses, referred to as a claim for the loss of consortium. If the claim is for the death of an individual, the Florida Legislature has established who may make a claim for that wrongful death and what damages each person may claim. 

As a general rule, personal injury claims usually take longer to conclude, prove to be more difficult, and more costly to pursue.  This is largely due to the fact that many personal injury claims may not have adequate insurance benfits. Additionally, the issue of "liability" is disputed in many personal injury claims, unlike auto accident claims where liability is not in dispute.  As a result, in most instances, the at-fault party and their insurance company usually claim 'innocence.'  Our law firm reviews each personal injury claim claim on a case-by-case basis to determine the best course of action for your particular claim. 

THINGS TO CONSIDER

Why use my insurance company if I did nothing wrong?

Even when our client is in an accident that is based on the negligence of another person we still are able to make a claim for personal injury protection benefits, more commonly known as PIP. This is the classic "no fault" insurance that legislature designated to pay 80% of a person's medical bills and 60% of a person's lost wages, up to $10,000, whether they are at fault or not.

This situation can also occur when a negligent person causes an accident, and they are uninsured or underinsured and then you can make a claim provided you have paid a premium for that coverage with your insurance company. The short answer is that the client pays premium dollars for coverage and you must use it to protect you when necessary.

What does a "letter of protection" mean in my case?

In many instances people do not have adequate insurance coverage or their PIP benefits are exhausted. When this happens many medical facilities and physicians accept a "letter of protection." This is document allows the patient to continue treating without paying for their medical bills at the time of treatment. These "letters of protection" typically allow the patient to settle the medical bills at the time of final case settlement. Be careful, "letters of protection" remain binding even if their is no settlement in the case. The medical provider may pursue a cause of action against the patient if the are not paid.

I have full coverage, why am I not covered?

This statement is probably the most painful one that lawyers in our firm have to answer on a day to day basis. Typically, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. Full coverage can mean a variety of things but, in regards to an auto accident case it should mean, PIP or no-fault, Bodily Injury Coverage ($25,000 or more), Property Damage ($25,000 or more) and Un-Insured Motorist Coverage ($300,000 or more). The PIP coverage applies regardless of fault, while med pay benefits can make up what the PIP does not cover, i.e. 20% of the medicals, 40% of the lost wages, and beyond if extended coverage is there. Uninsured or Underinsured Motorist (UM) coverage is definitely the most important. Underinsured or Uninsured Motorist (UM) coverage allows you to collect from your own insurance company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Typically, we are asked this "full coverage" question when clients have been injured by someone who has no insurance>. It is only then that the client realizes that their insurance agent lied to them and sold them an inadequate policy. It is unfortunate and is something we deal with on a day to day basis.

Why am I responsible for my PIP deductible?

The Legislature has deemed that the no-fault or PIP statute allows up to a $2,000 deductible. Although this is the largest deductible allowed, it is not mandatory. In other words, when consumers purchase their insurance they can elect to have lower deductibles. Again, this is something that we hear extensively and it is unfortunate that consumers are not treated farily and properly by their trusted insurance agents.

Why do we have to "file suit" and what does that mean?

Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all efforts have been made to resolve the case in presuit. Over the last 25 years the insurance industry has become extremely aggressive in defending these cases and we find ourselves in litigation more and more. A lawsuit does not preclude the chance of settlement prior to trial. However, we must be prepared to present the case to a jury to get the full value for the injury in your particular case.

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