Frequently Asked Questions
- Page 1
We Reached an Agreement to Settle My Case, What Happens Now?
In most cases, our clients have incurred medical bills which were paid by insurance, Medicare, Medicaid, Workers Comp or remain unpaid. Our client’s concern once a settlement is reached is the amount of the net proceeds they will receive after these bills are paid. It falls on us to negotiate with lien holders like insurance companies or directly with medical providers who provided care under a Letter of Protection (signed agreement between the patient, their lawyer and the provider to accept payment from the settlement).
Keep in mind, virtually all incurred medical treatment paid by some form of insurance will have a right to seek reimbursement when a case settles. This includes traditional health insurance companies and governmental entities like Medicare, Medicaid, Workers Comp, or the VA. The insurance adjuster knows this and estimates these amounts when calculating the value of a case.
The reimbursement right of each entity is radically different in terms of how lien rights are calculated and the amount they will consider when a reduction of their lien is requested. It takes years of experience to learn these differences and how to maximize all possible reductions on a client’s behalf. Together with my assistant Judi, we have years of experience in getting medical bills and liens reduced on our client’s behalf.
How much a lien can be reduced varies widely from entity to entity and often by the circumstance of each individual case. Of course, our friends in Washington have passed laws favoring business interests over the interests of consumers. A great example would be the protections given to certain insurance companies governed by the ERISA law which gives them the right to insist on their full lien recovery from a settled case, although, we have been successful in having many of these reduced, as well.
We jump on this process immediately after settlement. Governmental liens typically require the most time to resolve while individual medical provider liens can be negotiated in a matter of days. We keep our clients fully informed on this reduction process and will discuss our goals for each provider or lien holder. If you have questions about this don’t hesitate to call us.
Have You Been Injured In An Accident?
If you've been injured in an accident you should contact an experienced personal injury lawyer as soon as possible. Please contact us online or call our office directly at 727.446.0840 to schedule your free consultation.
Do Your Bike Tires Give You Protection from Lightning While Cycling?
Being struck by lightning is almost universally a fatal event. It can happen without warning, but frequently we know well in advance the thunderstorm is approaching. If you are caught in a storm on your bicycle, do your rubber wheels on your bike give you some protection? The short answer is they do not according to everything that I’ve been able to find.
I was talking to a cycling client recently about this very topic. This was a very experienced cyclist who is accustomed to riding in Florida. He believed the wheels on his bicycle provided enough insulation to protect him from lightning. Sadly, that is a huge myth, but a widely accepted one. The rubber wheels on our bikes have nowhere near the amount of insulation necessary to protect us on a bike from a lightning strike. They really offer no more protection than the rubber soles of our shoes. However, his belief is common.
The Dangers of Cycling During a Thunderstorm
Having lived in Florida all my life, I have a huge respect for lightning. When I was a golfer I was unnerved by the willingness of people to remain on the golf course in close proximity to lightning striking all around. It’s no different when we encounter a thunderstorm while on an extended bike ride.
Rather than press on as lightning approaches, we should be looking for cover. That doesn’t mean everyone huddling together in one spot. People need to spread out. You don’t want everyone to be affected by a single strike. Don’t get flat on the ground, but crouch close to the ground. Stay away from metal poles and trees which can attract lightning themselves. As cyclists, we have the same risk of being struck by lightning as we do when we were walking, playing golf, or strolling on the beach.
Recently, someone on a motorcycle on I-95 was struck by lightning. As a result, the rider died either from the lightning bolt or the crash which followed. There have been at least six such incidents involving lightning striking a motorcyclists just in Florida over the past few years. There’s no reason the same thing can’t happen to a cyclist.
We Have Successfully Handled Bicycle Accident Cases in Florida
Jim Dodson Law has successfully handled bicycle accident cases for Florida cyclists whose injuries were caused by a negligent driver. If you have been injured in a serious cycling crash, you deserve compensation to pay for your injuries, property damage, and other losses.
Attorney, Jim Dodson is a cyclist, so he understands the issues Florida cyclists face when they ride. You can be sure he will put his years of experience to work for you and get the settlement you deserve. If you’re ready to set up your free case consultation today, fill out our contact form or call us now at 727-446-0840.
Should You Automatically Decline Those Insurance Options at the Car Rental Counter?
You’ve probably wondered about declining those rental counter options, like Collision Damage Waiver. This coverage protects you if you cause a crash in the rental car and it is taken out of service for repairs. When this happens you could be on the hook not just for the vehicle repairs, but the lost rental revenue for each day it is out of service. A lawyer friend had a client who wished they had not declined the coverage when they received a bill from the rental car company for over $20,000.
Does your high end credit card cover this and other such losses? Most cards do not cover CDW. Do not make the assumption yours does. Be very specific about the coverage involved when you ask them.
Have You Been Injured In A Car Accident?
If you've been hurt in Florida car accident you should speak with an experienced car accident lawyer as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.
How Can You Reduce Your Odds Of Being In A Bicycle Accident?
This is simple and yet so few people do it. Take these three steps:
Steps To Protecting Yourself When Riding A Bicycle
Wear Bright Florescent Jersey Or Jacket During The Day.
I prefer neon yellow, but there are other colors. A major study involving thousands of cyclists over a year revealed those who wore bright florescent yellow jackets (it was Denmark, it is colder there) during the day reduced the odds of being hit by a motor vehicle by 55% (a 47% reduction in all multi-party crashes -pedestrians, other cyclists, etc.
Always Ride With A Bright Head Light And Tail Light.
I cannot emphasize the word bright enough! Make sure you even use the head light and tail light during the day. Flashing patterns work best. A study revealed a reduction in the odds of being hit by nearly 50%.
Wear Your Rear Facing Bright Flashing Taillight Strapped to Your Ankles.
Wear bright florescent neon (yellow) on your feet and at your knees. Studies suggest the movement of the florescent colors on your feet/ankles/knees helps distinguish you a a person on a bike and significantly increases the odds of being seen and avoided.
If you or someone you know has been struck by a vehicle while cycling in Florida download our popular consumer guide the Florida Bicycle Accident Guide by the Florida injury lawyer who is a cyclist and who has a passion for helping fellow Florida bicycle riders.
What is a Concussion?
Contrary to what many people believe, a concussion is not simply a “bruise” to the brain after bumping the head. A concussion is actually a traumatic brain injury. They are caused when the head is hit or hits something which results in the brain to rapidly accelerating inside the skull. When the rapidly moving skull comes to an abrupt stop, the momentum of the brain causes it to strike the inside of the skull with great force. This all happens very rapidly, but far from being just a quick event, it initiates processes deep within the brain tissue which may last a lifetime. Traumatic brain injury attorney, Jim Dodson has helped many people who have suffered brain injuries over the last 25 years.
What Happens Inside The Brain Following A Concussion?
The brain is a highly-organized, extremely complex, and powerful command center of the human body. It governs our emotions, thoughts, memories, learning, intelligence, creativity, movement, speech, our senses and so much more. Its capabilities are amazing. But it is very fragile. The brain is soft and delicate and has a Jell-O-like consistency. Inside the brain are billions of neurons, which communicate signals over long-spindly structures, called axons. The smooth and uninterrupted transmission of these signals over the axons is vital to the brain’s ability to properly control our bodies.
The skull serves to protect the brain from external blows to the head, but when the head or torso is subjected to a sudden force or jolt, the brain forcefully shifts and moves inside the skull, causing the neurons and axons to stretch and even tear. When an axon is torn, it not only disrupts the brain’s ability to communicate its vital signals, but also causes the death of surrounding neurons from toxins which are released when the destroyed axons begin to degrade and deteriorate.
What Are The Symptoms Of A Concussion?
Symptoms of many concussions are immediately visible. Sometimes, however, they become apparent much later. Typical concussion symptoms that appear immediately include headache, confusion, disorientation, loss of consciousness, amnesia about how the injury occurred, dizziness, and others. Symptoms that can occur later include depression, anxiety, forgetfulness, fatigue, visual disturbances, problems with concentration and attention, memory problems, sleep disturbances, as well as changes in mood and behavior.
How Long Does It Take A Concussion To Heal?
Each brain is unique, and each injury is unique. There are also different levels of concussion severity (from mild to severe). The average complete healing time for a concussion is typically 2-3 months according to scientific literature. Getting appropriate medical care, following physician’s orders, and protecting yourself from receiving another concussion while healing from an initial concussion, are crucial to the healing process. But sometimes, despite our best efforts, concussion symptoms can last well beyond the “normal” healing period. In fact, people can suffer these symptoms for months or even years after the event. Suffering concussion symptoms beyond the time that is considered “normal” is called Post-Concussion Syndrome (or PCS). PCS is a serious medical condition that wreaks havoc on a person’s daily life – interfering with work, social life, school, hobbies, and personal relationships. Persistent post-concussion syndrome may be considered a permanent injury and its effects may ripple throughout one’s life.
Have You Or A Loved One Suffered A Concussion Due To Negligence?
If you or a loved one have suffered a concussion due to negligence you need to speak with an experienced brain injury attorney as soon as possible. Please contact us online or call our office directly at 727.446.0840 to schedule your free, no obligation consultation.
Do I have a case if a dog causes my bike crash on a trail in Florida?
One of the great advantages of the trail system Florida is creating is the opportunity for people to get outside for exercise. They love to take their dogs with them. Some of the most popular trails in Florida are close to major metropolitan areas such as the Pinellas Trail, West Orange Trail, Legacy Trail and others. However, they require bicyclists and people walking dogs to share the same path. Even when cyclists stay within a typical speed limit of 20 mph, someone with a dog may be caught unaware of how rapidly a bicycle may be approaching them, particularly when the cyclist is approaching from behind them.
Any cyclist who uses our trail system has encountered a dog being walked on a leash which allows it to be six or eight feet away from its owner. This is a dangerous mix on a multiuse trail and can cause serious injury to someone on a bicycle.
Can A Dog's Owner Be Held Responsible For My Bicycle Accident?Keep in mind that dog owners may be held strictly liable for the actions of their dog. A dog owner may be held legally responsible if they allow their dog to get into the path of a cyclist which results in a crash with injuries.
At the same time, cyclists have a responsibility to take reasonable steps to avoid unnecessarily running into a dog. This means we have to slow down approaching someone walking the dog on a trail. We need to announce ourselves, particularly when approaching from behind them. However, despite our efforts to avoid them, dogs frequently cause cyclists to crash. When the unexpected happens, it is a cyclist who ends up dealing with the consequences of a significant injury.
The person in control of the dog may be held legally responsible and a claim may be pursued under their homeowner’s or renter’s insurance policy. Bear in mind, in Florida some of these policies exclude any responsibility for injury caused by a dog. Others may exclude certain breeds of dogs. Despite this, we have successfully pursued many of these claims on behalf of our injured cyclist clients.
Did A Dog Cause Your Florida Bicycle Accident?
If you've been injured in a bicycle accident due to a dog you may be eligible for compensation. Please contact us online or call our office directly at 888.815.6398 to schedule your free consultation.
What is Medical Malpractice in Florida?
Medical providers in Florida are held to what is known as a “reasonable standard of care," meaning what any reasonably careful doctor, surgeon or health care provider would have done in treating a similar patient under similar circumstances. This level of care is sometimes referred to as a “minimum standard of care.” The reasonable or minimum standard of care is generally established by having a qualified expert review the patient’s medical records and give his or her opinion whether the reasonable or minimum level of care had been given to the patient.
How Does A Medical Malpractice Attorney Help Your Claim?
When an experienced medical malpractice lawyer is investigating a case, they will first request a copy of the patient’s complete medical records. The lawyer then looks for an expert (doctor, surgeon or other provider) who is willing to review the record and give an opinion as to whether the reasonable or minimum level of care had been provided to the patient. The expert would need to find the doctor, surgeon or provider was negligent in the care they gave. This is only the first step.
There must also be a finding that the doctor, surgeon or provider’s care resulted in injury to the patient. There must have been a connection between the medical mistake, or breach of the reasonable standard of care, and the injury or harmful result the patient is suffering. A malpractice case in Florida requires the injured person to have evidence of negligence and, what is often referred to as, causation resulting in the injury to the patient.
There is difference between medical negligence (malpractice) and a bad outcome or result from the medical treatment. Medical literature has documented that, even with perfectly performed treatment or surgery, a small number of patients may suffer a bad outcome. Having an unexpected, unfortunate or even tragic outcome does not necessarily mean it was caused by medical malpractice. In the medical-legal world, these unexpected results not caused by medical malpractice are known as “known complications” of the given treatment or procedure. The question is whether the patient’s injury was caused by a medical mistake or was an unfortunate, known complication.
Medical malpractice cases are possible based on care by many types of healthcare providers, including doctors, surgeons, nurses, physical therapists, anesthetists, pharmacists and many others. In evaluating whether a specific type of healthcare provider met the reasonable standard of care for their area of practice, lawyers will typically seek the opinion of an expert who is a similar provider or specialist.
To learn more please contact us online or call our office directly at 888.815.6398.
How Much Does It Cost to Hire a Bike Accident Lawyer?
Many attorneys are hesitant to talk about their fees. We believe in giving people as much information as possible so that they can make their OWN choices about their legal situation. The reality is, you may not need a lawyer. If we discuss your case and we don’t think you need a lawyer, we will tell you. In fact, we will go further and give you suggestions on how you might consider handling it on your own. Even if you don’t need a lawyer, we will be happy to give you our thoughts on getting your bike frame repaired or replaced all at no cost to you.
However, if you have a more serious injury, particularly one that will require any type of surgery, it is always in your best interest to hire an attorney. You need to make sure things are done right. That includes reimbursing your health insurance company or Medicare on what they pay out on your behalf. Not getting that right can cause you huge problems later.
Further, let’s face it, you probably have no experience putting a realistic settlement value on your injury. You’ll be dealing with an insurance company who does it every day. You need a team behind you that has the experience in dealing with insurance companies, understands the true value of your injury, and is comfortable fighting for you in front of the jury if it is required for the best interest of your case.
How a Contingent Fee Works
At Jim Dodson Law, our bike crash cases work on a contingent fee basis. Simply put, you don’t pay any fee unless we win. Our compensation is contingent on you getting a settlement you believe is fair. This creates an incentive for us to get the best settlement possible, and it means you don’t have to pay any money up front. I express it this way, “you only get a check, you never write a check.” Period.
In the vast majority of our cases our fee is only 33%. Lawyers are permitted to increase their fee to 40% if a lawsuit is filed in the Circuit Court and the other side hires a lawyer who files their Answer. We don’t do this. I would never want you to believe there was an incentive for us to file a lawsuit simply to obtain a higher fee. Therefore, our fee will not exceed 33% even if a lawsuit is filed, if your case is settled at the mediation conference. In our experience, even in cases where a lawsuit is filed, about 70% are settled at mediation. We believe that if we can avoid the cost of preparing for trial and find a settlement your thrilled about, we want to pass that cost savings to you.
What Happens if the Case Doesn't Settle at Mediation?
If a case does not settle at mediation and requires scheduling a trial date, our fee will rise to the industry standard of 40% to cover the additional time, energy, and significant costs of hiring experts and preparing for trial. Again, these fees depend on winning your case. If there is no recovery, there is no fee. For more information on we encourage you to take a look at our No Promise Fee.
Think about it this way: can a team that has been handling bike crash cases for decades get you 33% more money than if you try to handle all of this on your own? It’s hard to imagine a scenario where the answer is anything other than YES. Remember, we have no interest in taking a case in which we don’t believe we can help our client achieve a better settlement. If you don’t need an attorney, we will tell you straight-out you could do just as well on your own and even give you our thoughts on how you can accomplish it.
We are Dedicated to Your Success and are Here to Answer Your Questions
In our experience, people are very appreciative that we are upfront about the cost of our services and are thankful we can give them free resources that will help them along the way. If you have any questions at all please contact us online, or, if just want to talk about your case, don’t hesitate to call our office at (888) 207-0905.
What is the Law in Florida When a Golf Cart Injures Someone?Golf carts were originally designed to be used only on golf courses. For many years, their use was limited to privately owned golf courses and resorts. Today, their popularity has skyrocketed and they may also be found operating on certain public roads and within designated golf communities. Many people remain confused about what rules apply in regards to golf cart accident and injuries.On the golf course, they are used by golfers as well as by various other golf and resort personnel to run errands and ferry guests from place to place. People operating golf carts in this way are governed by Florida’s general negligence standards. The driver of a golf cart which causes harm to someone may be held liable and financially responsible for any harm they cause if they fail to operate the golf cart with “reasonable care."
What Type Of Injuries Can Result From A Golf Cart Accident?Some of the most common golf cart related injuries caused by a negligent driver include:
- Running into a golfer or pedestrian on or off the golf course
- Hitting another golf cart
- Crashing into someone on a bicycle
- Driving into a fixed object, such as a pole or tree
- Injuring a passenger by turning too quickly and ejecting them from the golf cart
What Does Florida Law Say About Golf Cart Injuries?Golf carts have been found by courts in Florida to be a dangerous instrumentality capable of causing great bodily harm. For this reason, a golf cart owner is strictly liable for its use. This means the owner will be held legally responsible for the negligence or carelessness of someone using the cart with their permission. The owner may be held strictly liable, whether it is a private person, a golf course or private resort. When the driver’s lack of care causes injury to someone, both the driver and the owner may be held legally responsible for the harm caused in the crash.
Are Florida Driver License Laws The Same For Driving A Golf Cart?In order to operate a golf cart, the driver must be at least 14 years old. A driver’s license is not required; nor is the golf cart required to be registered with the state, have a license tag or be insured like a car.Golf carts are limited by state law to a top speed of 20 mph. They may only be operated on specially designated public roads and within certain state parks where they are specifically permitted to do so by law. These roads are found within golf cart communities, mobile home parks and on a limited number of other designated Florida roads. They may only be used from dawn to dusk unless equipped with lights, windshield wipers and other safety features.When a golf cart is operated on a public road, the driver must obey applicable traffic laws. Florida statutes prohibiting such things as speeding, careless driving, running a stop sign, failure to yield the right of way, improper turning, and driving under the influence. These offenses may be enforced against the driver, and may be evidence of negligence when the driver’s action causes injury to another person.Florida also recognizes a vehicle similar to a golf cart which is designated as a “neighborhood electric vehicle (NEV)” or “low speed vehicle (LSV).” These are not golf carts as they operate at speeds greater than 20 mph. They are regulated in a similar way as a motor vehicle with requirements including a driver’s license, tag, insurance and standard safety equipment.
Does Florida Law Require A Golf Cart To Carry Insurance?Golf carts which are owned by a golf course or golf resort will typically be insured under a commercial general liability insurance policy. The policy would cover an employee of the resort operating the cart in addition to covering the resort’s strict liability as owner of the cart. A golfer driving a golf course or resort owned golf cart will typically be insured by their own homeowner’s insurance policy.Homeowner’s insurance may not always provide liability insurance coverage for injuries caused by a private person using their own cart on a golf course or on an authorized public road. Responsible owners may have purchased a specific golf cart policy which provides liability coverage in these situations.
Have You Been Injured In A Florida Golf Cart Accident?If you have been injured because of the carelessness or negligence of a golf cart operated on a golf course or on the road, you may be wondering if you have a case. We want to make getting useful information as easy as possible. Please contact us online or call our office directly at 888-207-0905 to schedule a free, no obligation consultation. We look forward to discussing your potential claim and your legal rights to compensation.
I Was Hit As A Pedestrian By A Driver Who Fled The Scene. What Can I Do?
Hit and run drivers are a menace to Florida pedestrians. There are several reasons why a driver will flee after hitting a pedestrian. They may have no insurance or, even more dangerous, no driver’s license. If a driver was drinking or under the influence or has a warrant for their arrest they will frequently drive away in order to avoid arrest. Regardless of the reasons, fleeing is a cowardly act which leaves you to face your injuries and medical bills on your own.
How Will My Medical Bills Be Paid In A Pedestrian Hit And Run Case?
If you own a vehicle insured in Florida you are required to have No Fault/PIP which pays up to the first $10,000 of your medical bills for injuries received when hit by a vehicle. If you do not own your own vehicle, but live with a family member who does have an insured vehicle, you may be entitled to No-Fault/PIP benefits under their policy.
There are requirements in order to take advantage of the PIP benefits. The first is that you need to see an approved medical provider within 14 days of your injury. If you receive only chiropractic treatments, your benefits under PIP may be limited to $2500. Your doctor may send you for an evaluation as to whether you have what is known under the PIP statute as an “emergency medical condition.” If a doctor makes a finding you have an emergency medical condition you may be entitled to the entire $10,000 of PIP benefits. Keep in mind PIP pays medical bills. It does not provide cash payments to you for your injuries unrelated to reimbursement of your injury related medical expenses.
How Will I Be Paid For Pain And Suffering Resulting From A Pedestrian Hit And Run Case?
If you own a vehicle insured in Florida or are a resident relative of a family member who has an insured vehicle, you would be entitled to compensation under the uninsured/underinsured provisions of that auto policy. The simplest way to confirm whether you have this coverage is to look at the declarations page you received from your car insurance company each year, check your policy online or simply call the insurance company and ask.
Receiving fair and just compensation after a hit-and-run pedestrian crash can be complicated. You’ll find answers to the most common questions in our popular consumer guide Florida Pedestrian Accident Guide. It is available to download here for free.
Have You Been Injured In A Pedestrian Hit And Run Case?
Feel free to contact me online or call me directly at 888-207-0905 for a free, no obligation consultation.