Frequently Asked Questions
What is Personal Injury?
What should I do after an accident?
Are laws in constant change? What are some of the changes in the PIP Law that people should know about?
How long will it take to settle my claim?
What is the Statute of Limitations?
How do I prove negligence?
What financial compensation can I recover in a personal injury claim?
Can I receive money for the time I missed work?
I've been in an accident with an uninsured driver. What are my rights?
How do I know if I need an attorney?
What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Florida. Personal injury can occur in a wide variety of ways.
The following are some of the most common accidents resulting in personal injury:
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Florida. Personal injury can occur in a wide variety of ways.
The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Other Vehicle Accidents (Aviation, Bicycle,
- Boat, Motorcycle, Railroad, Truck)
- Burn Accidents
- Construction / On the Job Accidents
- Dangerous or Defective Products
- Dog / Animal Bites
- Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
- Nursing Home Abuse and Neglect
- Slip and Fall Accidents / Premises Liability
- Spinal Cord Injury
- Toxic Exposure
- Traumatic Brain Injury
What should I do after an accident?
Most people are confused of what to do after they get into a crash. There are couple of things you should keep in mind.
First, make sure you are safe from further injury. Do not get out of your car into traffic to avoid being hit. Then, call 911 and ask for emergency assistance. If possible, take pictures of the cars involved and the scene of the accident. Do not talk about the accident with the other driver except to ask if they need an ambulance.
If possible, call us from the scene of the accident BEFORE you call any insurance company. Never, ever speak to any insurance adjuster without a lawyer with you. Finally, never provide a recorded statement to any insurance adjuster without an attorney to advise you. So not sign anything from an insurance adjuster before speaking with an attorney.
Most people are confused of what to do after they get into a crash. There are couple of things you should keep in mind.
First, make sure you are safe from further injury. Do not get out of your car into traffic to avoid being hit. Then, call 911 and ask for emergency assistance. If possible, take pictures of the cars involved and the scene of the accident. Do not talk about the accident with the other driver except to ask if they need an ambulance.
If possible, call us from the scene of the accident BEFORE you call any insurance company. Never, ever speak to any insurance adjuster without a lawyer with you. Finally, never provide a recorded statement to any insurance adjuster without an attorney to advise you. So not sign anything from an insurance adjuster before speaking with an attorney.
Are laws in constant change? What are some of the changes in the PIP Law that people should know about?
Yes, the state legislature and Governor of Florida are always changing the laws that control accident and injury law.
There is a big change in the PIP law (Personal Injury Protection or "No-Fault Law"). PIP is insurance to pay your medical bills and lost wages up to $10,000 paid by your own insurance company. As of January 1, 2013 if you do not seek medical treatment within 14 days of the accident, you will not receive any money from PIP to pay your medical bills and lost wages. Other changes will also limit most people to only $2,500 of the PIP limit of $10,000.
After January 1, 2013 it is even more important to call our office for help as soon after an accident as possible. We never charge a fee or any costs unless you recover money. There is no risk for you to contact us.
Yes, the state legislature and Governor of Florida are always changing the laws that control accident and injury law.
There is a big change in the PIP law (Personal Injury Protection or "No-Fault Law"). PIP is insurance to pay your medical bills and lost wages up to $10,000 paid by your own insurance company. As of January 1, 2013 if you do not seek medical treatment within 14 days of the accident, you will not receive any money from PIP to pay your medical bills and lost wages. Other changes will also limit most people to only $2,500 of the PIP limit of $10,000.
After January 1, 2013 it is even more important to call our office for help as soon after an accident as possible. We never charge a fee or any costs unless you recover money. There is no risk for you to contact us.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.
What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.
Statues of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is four years, and time begins from the time of the accident. For wrongful death cases, the time limit is only two years.
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.
Statues of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is four years, and time begins from the time of the accident. For wrongful death cases, the time limit is only two years.
How do I prove negligence?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.
What financial compensation can I recover in a personal injury claim?
Personal Injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident.
Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Personal Injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident.
Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost income, including overtime wages
- Pain & suffering
- Physical disability
- Disfigurement
- Emotional trauma
- Mental disability
- Property damage
Can I receive money for the time I missed work?
Yes. You can expect compensation, as long as your loss of work was ordered by a doctor. Wage loss is paid by your own No-Fault insurance company. You are entitled to compensation for the time you missed work due to the injures caused by the accident. If your injury is severe enough to impact your earning power into the future, you can also seek compensation for loss of income capacity.
Yes. You can expect compensation, as long as your loss of work was ordered by a doctor. Wage loss is paid by your own No-Fault insurance company. You are entitled to compensation for the time you missed work due to the injures caused by the accident. If your injury is severe enough to impact your earning power into the future, you can also seek compensation for loss of income capacity.
I've been in an accident with an uninsured driver. What are my rights?
If you have No-Fault insurance also known as PIP, and the other driver involved does not have insurance, you are still entitled to No-Fault benefits, regardless of who was at fault. With the new changes in the PIP law, it is very important that you seek medical attention during the first 14 days after an accident in order for you to qualify for these benefits.
If you have an accident with an uninsured driver, the only way to recover economic damages, pain and suffering damages is by turning to your own uninsured motorist coverage. Uninsured motorist coverage (UM) provides a valuable source of legal recovery when someone is injured in a car accident by another driver who is uninsured or does not have adequate insurance.
If you have No-Fault insurance also known as PIP, and the other driver involved does not have insurance, you are still entitled to No-Fault benefits, regardless of who was at fault. With the new changes in the PIP law, it is very important that you seek medical attention during the first 14 days after an accident in order for you to qualify for these benefits.
If you have an accident with an uninsured driver, the only way to recover economic damages, pain and suffering damages is by turning to your own uninsured motorist coverage. Uninsured motorist coverage (UM) provides a valuable source of legal recovery when someone is injured in a car accident by another driver who is uninsured or does not have adequate insurance.
How do I know if I need an attorney?
If you have been seriously injured, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give an official statement or sign papers of any kind. Florida law requires filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. The Martindale Law Group can advise you on the applicable statute of limitations for your injury case.
Your attorney will deal directly with the insurance companies and other parties involved. Do not let insurance companies harass you. Also, studies have shown that accident victims, who hire an attorney received on average 3.5 more than those who try to handle the case on their own. Insurance companies know you don’t know the strategies, rules and knowledge that attorneys take years to acquire.
Attorneys rarely handle the property damage for you. We, at The Martindale Law Group want to prevent any situation that will hurt your case. Oftentimes, property damage adjusters will try to get you say things that will hurt your case. That’s why, we take care of your property damage at no charge. We will make sure, you will be treated in a fairly manner.
If you have been seriously injured, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give an official statement or sign papers of any kind. Florida law requires filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. The Martindale Law Group can advise you on the applicable statute of limitations for your injury case.
Your attorney will deal directly with the insurance companies and other parties involved. Do not let insurance companies harass you. Also, studies have shown that accident victims, who hire an attorney received on average 3.5 more than those who try to handle the case on their own. Insurance companies know you don’t know the strategies, rules and knowledge that attorneys take years to acquire.
Attorneys rarely handle the property damage for you. We, at The Martindale Law Group want to prevent any situation that will hurt your case. Oftentimes, property damage adjusters will try to get you say things that will hurt your case. That’s why, we take care of your property damage at no charge. We will make sure, you will be treated in a fairly manner.
