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The legal portion of your auto accident case begins immediately
from the time of your accident. The facts and circumstances of the accident
produce witness statements and testimony, police reports, pictures and
injuries. Our office can be instrumental in gathering those and other
crucial items at the onset of the case and address the most immediate
concern of your medical care.
Medical Treatment and Care - Early Stage of
Claim
The attorney must be concerned with the medical AND
legal aspects of the care provided. It can be vitally important that
we help you choose the physicians and medical care providers treating
you in your Personal Injury case. That is because all physicians are
not created equal.
Some physicians are highly qualified medical doctors that
are unable to stick to their own opinions regarding your condition when
they are under cross-examination by the insurance company attorney.
Some physicians actually change their opinion and agree with that of
the insurance company doctor while under cross-examination. It is important
that YOUR doctors provide high quality medical treatment and stick to
THEIR opinions when questioned by the insurance company or their attorneys.
Our office can help choose the medical specialists who
are aggressive and experienced in providing treatment AND equally skilled
in testifying about your life altering conditions sustained in the accident.
Please allow us to help you obtain the additional specialists, diagnostic
tests and treatment that you may require.
Keeping Your Life on Track - Middle Stage of
Claim
In many instances, an auto accident will result in
a damaged vehicle and your inability to return to work. As a result,
you suffer lost wages and the need for a replacement vehicle while your
damaged vehicle is repaired. Our office can help you navigate through
the time consuming insurance questions and red tape to obtain the lost
wages and the rental vehicle you will need to keep your life and your
family on track.
Your Future - Completion of Claim
At some point your physicians and specialists will
make the determination that you have reached Maximum Medical Improvement
and have obtained a point at which they do not expect any further long-lasting
improvement. It is usually at that point that we will be in a position
to present all the information and materials we have obtained to the
insurance company and request that they compensate you for all the damages
that you have sustained. Your right to compensation will include payment
of past and future medical bills, lost wages, loss of future wages,
pain and suffering, car rental and repair. If you have allowed us to
help you navigate through the case, we will be in position to put your
case in the most favorable light for settlement or before a Judge and
Jury, if that becomes necessary.
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In many instances, a motorcycle has similar rights under
Florida law as do automobiles. Florida law, however, does recognize
certain legal differences between an automobile and a motorcycle. As
such, insurance coverage issues could arise that adversely affect your
claim, your recovery or your rights. Please consult
our office for advice on any injuries sustained regarding on
a motorcycle.
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A slip and fall injury may occur in public places like
malls, restaurants, grocery stores or amusement parks. If the establishment
fails to maintain a safe premises that ultimately causes injury, it
may be liable to pay for medical bills, lost wages and pain and suffering.
The injuries may have been sustained on a private property such as someone’s
home. In that instance, it may be possible that damages are paid by
the homeowner’s policy even if the homeowner is not at fault. The
very fact that you sustained injuries while on the property may be,
in and of itself, enough to be compensated.
Other instances of premises liability may include inadequate
lighting or security on the property. Such a condition may cause an
individual to trip and fall, due to the poor lighting or, perhaps, suffer
serious injuries from an assault or robbery that takes place in an unlit
portion of a parking lot.
If you have been injured in an accident that occurred
on someone else’s public or private property, please contact us.
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The laws in Florida regarding liability and coverage in
tractor trailer accidents can be very complex. It is generally expected
that the insurance coverage on the tractor and the insurance coverage
on the trailer will be shared equally. Each case, however, must be considered
in regard to its own facts, insurance contracts and lease agreements.
If you or a loved one has been injured as a result of
a tractor trailer accident, immediately so a determination can be made
of all the coverage issues on your case.
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The loss of life that results from negligence or carelessness
of another is termed as a Wrongful Death by the State of Florida. The
tortfeasor or wrongdoer could be an individual, group, private corporation
or a public entity like a City, County or State.
The law provides for the survivors in such a case to be
compensated. The entitlement of a survivor or beneficiary is based upon
the relationship to the deceased and may include more people than just
the spouse and minor children under the age of eighteen. Children over
the age of eighteen, other relatives and the estate itself may be eligible
to receive compensation for the tragic event.
Please contact our office
immediately with questions.
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Employees of the State of Florida have access to an additional
form of compensation if they become disabled while working for the State.
The two types of disability include:
Regular Disability Retirement
In-Line-of-Duty Disability Retirement.
To qualify for Regular Disability
Retirement, you must have ten years creditable service prior
to becoming Totally and Permanently Disabled. You and our office must
establish that you are totally and permanently disabled from rendering
useful and efficient service as an officer or employee as provided by
Florida Statute.
To qualify for In-Line-of-Duty
Disability Retirement, you must also be totally and permanently
disabled. There is no requirement for length of service we must demonstrate
that the illness or injury which caused the total permanent disability
arose out of and in the actual performance of duty as required by your
employment.
In most instances, you are required to complete the initial
application for disability. You must also obtain a statement of disability
from your employer as well as physicians reports documenting the disabling
condition.
It may become necessary for us to proceed to a hearing
before the State of Florida Retirement Commission where we would present
your case in its most favorable light and request that you be accepted
for the disability retirement for which you are entitled.
Please contact us
regarding this form of compensation.
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Individuals that have been denied Social Security Disability
face a very trying and frustrating situation for both themselves and
their families. It is a very regular occurrence that an individual is
denied Social Security Disability by the Social Security Administration
leaving him or her to request re-consideration or a hearing. Hiring
an attorney who is aggressive and knowledgeable of the laws of Social
Security Disability will ensure that your disability case is placed
in the most favorable light before the Administration, and if necessary,
before the Administrative Law Judge at your hearing.
To qualify for Social Security Disability you must have
worked five of the last ten years before becoming disabled. If you have
not worked at least five of the last ten years, you may still qualify
for Supplemental Security Income (SSI).
You can apply for disability benefits if you have been
disabled for the last year or expect to be disabled for the next year.
If your claim for Social Security Disability has already been denied,
you may have specific time limits within which to reapply or request
a hearing. You should contact an attorney immediately.
If you have not yet applied for Social Security Disability
or Social Security Income and feel as though your condition may require
that you receive benefits from the Federal Government, please contact
our office immediately.
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The Florida Legislature made substantial changes in the
Workers’ Compensation law in 1990, 1994 and 2003. Those changes
have been primarily to the detriment of the injured worker and the great
benefit of Florida’s employers and the insurance companies who
provide coverage for them. With the passage of each successive law,
the Florida Legislature stripped the injured worker of more important
legal rights and benefits. Now, more than ever, it is important that
the injured worker proceed with the guidance and experience of an attorney.
A Workers’ Compensation case is generally broken down as follows:
- Compensability
- Wages
- Medical Treatment
- Settlement
Compensability - Whether
or not the employer and the insurance company accept the fact that you
were injured on the job.
If your Workers’ Compensation claim has been denied
by the insurance company on the basis of compensability, the reasons
for denial may include: no accident or injury on the job; pre-existing
condition; not in the course and scope of employment. There are many
others and you should consult our office
regarding them upon receipt of your denial.
Wages - You may be
entitled to Temporary Indemnity (money benefits) and/or Permanent Indemnity
(money benefits).
Temporary benefits can include Temporary Total Disability
and Temporary Partial Disability. Temporary Total Disability (TTD) would
mean that the injured worker is unable to return to work in any capacity.
Temporary Partial Disability (TPD) would mean that the doctor has returned
the injured worker back to work in some modified capacity. TTD and TPD
are paid at different rates. They are calculated by the insurance company
and should be checked by an experienced attorney for accuracy.
Permanent Impairment Income benefits should be payable
based upon the impairment rating that you receive. Permanent Total Disability
(PTD) benefits may be payable every two weeks for the rest of your life
if your injuries necessitate that you will be unable to return back
to work. Please contact our office
for additional advise in regard to all of these benefits.
Medical Treatment
Medical treatment must be provided by the employer
and the insurance company for all conditions related to and caused by
the on the job accident. The year that you were injured will dictate
the type of access to doctors and medical treatment that you may receive.
Please consult our office
for a clear understanding of your rights to medical treatment, second
opinions, Independent Medical Evaluations and continued care to which
you are entitled.
Settlement
Workers’ Compensation does provide the parties,
by Statute, the opportunity to settle the Workers’ Compensation
claim. It is vitally important that the injured worker obtain all the
necessary opinions on his or her medical care and ability to return
back to work. The importance of this cannot be over stressed. Insurance
companies base their settlement value of a case on the future medical
care and money benefits they feel they may pay on any particular Workers’
Compensation claim. It is our goal to present to the insurance company
all the possible exposure they may face if your claim does not settle
at a fair value. If the insurance company is not made aware of all the
possible exposure that lies out there on your case, it is unlikely that
they will present a fair settlement offer to you to close your case.
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