Frequently Asked Questions

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  • Who Will Pay My Medical Bills After a Florida Pedestrian Accident?

    In Florida, if you are the owner of a motor vehicle that is registered in the state, your own Personal Injury Protection (PIP) or No-Fault auto insurer may pay for your medical bills and lost wages after you are injured as a pedestrian even if the accident was not your fault.

    According to Florida law, all motorists must have a minimum of $10,000 personal injury protection (PIP) insurance coverage. PIP coverage will pay for your medical expense or lost wages up to a total of $10,000.

    If you have health insurance coverage, it will also contribute to your medical bills. However, your No-Fault auto insurer will be the primary responsible party up to the limits available.

    Your Uninsured Motorist (UM) coverage carrier may also contribute to your medical expenses if the driver who caused your injuries doesn’t have any or enough insurance to cover your bills or if you were unable to locate the driver of a hit-and-run accident.

    Watch this for more on the importance of UM.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • What Happens if a Florida Pedestrian is Hit By Someone Without Insurance? How Do the No-Fault Laws Fit Into the Situation?

    The Driver had no Insurance

    If you were the victim of an accident in Florida and were hit by an uninsured driver while walking, your own automobile insurance may cover the damages you have suffered, but only if you have Uninsured Motorist (UM) coverage. Your own insurance company may cover your medical expenses, permanent disability, and lost wages.

    Every car registered in Florida is required to have No Fault/Personal Injury Protection (PIP) insurance. This helps protect everyone on the roads in the event of an accident. Unfortunately, it only provides up to $10,000 for medical expenses and wages lost if you have been injured as a pedestrian.

    The Driver Left the Accident Scene

    If the driver fled the scene of your pedestrian accident and you are injured with PIP, your own insurer must pay for your medical expenses and disability. It doesn’t matter who caused the accident. As long as you can prove you suffered a permanent injury, scarring, or loss of bodily function, you will be eligible for compensation.

    If you carry uninsured motorist coverage in Florida (which is a voluntary, but highly recommended coverage) and are struck in a hit and run pedestrian accident or by an uninsured motorist, you may recover money from your UM coverage. Survivors of a deceased victim may also be eligible to recover for their loss as well.

    A case involving the injury or death of a pedestrian caused by an uninsured or hit and run driver is best handled by an attorney with experience representing victims against their own insurance companies. Rest assured, we understand how to recover for your losses after a pedestrian crash causing injury, or even worse, a loved one’s death.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

    Just pick up the phone and call us today to discuss your case. There is never a charge to discuss what can be done. If you prefer, tell us what happened by filling out the contact form.

  • What are the Florida Statutes for Aggressive Driving Through a Crosswalk?

    The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as, “when individuals commit a combination of moving traffic offenses to endanger other persons or property.” There are several Florida statutes that address what could be considered aggressive driving through a crosswalk.

    According to Florida Statute 316.1923, aggressive careless driving involves at least 2 of the following:

    • Speeding;
    • Improperly or unsafely changing lanes;
    • Following too closely;
    • Failing to yield the right-of-way;
    • Improperly passing; or
    • Failing to obey traffic signs and signals.

    Florida Rules for Driving Through a Crosswalk

    • Drivers are required to stop before reaching the crosswalk when approaching a red light. If there is a person in or at the crosswalk, drivers must allow the pedestrian who has the proper signal to cross the street. If there is no crosswalk, drivers must stop before reaching the intersection.
       
    • When the traffic signal facing the pedestrian is a solid green light the pedestrian has the right to proceed across a marked or unmarked crosswalk. Motor vehicles with the green light must proceed cautiously straight or make a left or right turn, if permitted and yield (stop or slow down) to any pedestrians in the intersection or crosswalk.
       
    • Vehicles are allowed to enter the intersection when they have a green light or turn arrow but they must yield to any pedestrians in a crosswalk.
       
    • If a driver has been in the intersection waiting to make a left turn on a steady yellow light, the driver must yield to pedestrians.
       
    • Drivers must stop completely if ever a visually impaired pedestrian is guided by a dog or is carrying a white cane in an extended or raised position. Drivers must also stop if someone using a wheelchair, service animal or other mobility aid crosses a roadway.

    There is a theme to these rules. Vehicles, both motorized ones and bicycles, must yield to people on foot. Why is that? People don’t wear armor as they walk the streets. They need the law to protect them from drivers who are protected by seat belts, airbags, helmets in the case of cyclists and various other safety features. Pedestrians almost always have the right of way in a crosswalk.

    If someone was displaying aggressive driving behavior and caused you injury in Florida, you may be able to hold them accountable for your injuries. Insurance adjusters are looking to settle claims quickly and for far less value than the injured person usually deserves. Don’t let them scare you off with a low ball settlement offer. See how we have helped people get far more than they were initially offered.

    Request our free book on pedestrian accidents and call us to discuss your unique situation before you go any further.

    Have You Been Injured In A Pedestrian Accident?

    If you've been hurt in a pedestrian accident you should speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 727.446.0840 to schedule your free consultation.

  • What Type of Compensation Am I Entitled to From My Florida Personal Injury Claim?

    If you have been injured in a Florida accident, such as a motor vehicle accident or even a serious slip and fall, you may be entitled to recover damages. By filing a Florida injury claim against the liable party or parties, you may be able to recover compensation for your medical costs, lost wages, and pain and suffering among other accident related expenses. While your insurance company may cover the cost of some of your medical treatments, you can go after the responsible driver to get reimbursed for the remainder of your expenses. Damages you may recover related to medical expenses include your past medical bills (that were not covered by your insurance policy) and future medical costs.

    Future expenses may include rehabilitation, massage therapy, or surgeries that may be required at a later date. Your personal injury lawyer may work with a medical expert to estimate the cost of future medical treatments.

    If you were unable to work as a result of your injuries, you may also recover damages for your lost wages. Some injuries may make it impossible for a person to go back to work, while some injuries may mean that a person has to choose a different profession. If this is the case, you may request compensation for the loss of future earning capacity.

  • What are Structured Settlements?

    A structured settlement is a large settlement that may be paid over the course of several years rather than being paid in one large lump sum. If you win a settlement in a Florida personal injury lawsuit, your payments may be structured so that you get paid monthly, annually, or receive a large settlement periodically. It is left to the discretion of the parties involved to determine the frequency and amount of the payments.

    Structured settlements have certain advantages. For example, you may avoid the high taxes. A structured settlement can also ensure that an injury victim does not spend his or her recovery money at one time; since the payments are spread out, they can help the victim pay for his or her medical treatments and for future care.

    The disadvantage of choosing a structured settlement is that you may be unable to pay off your medical expenses as quickly as you would like, because the money comes in smaller installments.

  • What are Costs of a Florida Accident Case and How are They Paid?

    Costs are the expenses required to prove your accident case. They typically include fees paid to medical providers for records and reports, any investigative expenses required to obtain witness statements or photographs, fees paid to experts for their evaluations and opinions, as well as, the expenses involved in pursuing your case in court, should that be required. Each case is not alike and the costs required for each case will vary. Rest assured no costs will be spent unnecessarily.

    When we accept your case, we advance the costs required on your behalf. We will gladly discuss the costs we anticipate will be required and will give you a detailed list of any costs we have paid at any time. If your case is unsuccessful, we will not ask for reimbursement of costs.

  • What are the Common Mistakes That Can Ruin My Florida Personal Injury Claim?

    There are 5 mistakes that can potentially ruin your Florida personal injury claim. This is why it is always best to consult with an experienced and knowledgeable personal injury lawyer as soon as possible after your accident.

    1. One of the first mistakes you can make in your personal injury claim is to misrepresent your injuries. This may mean exaggerating symptoms or claiming you are unable to participate in an activity when that isn’t true.

      It’s not uncommon for an insurance company to investigate a claimant to determine if they are truly unable to do the things they have stated they cannot. If you are caught on camera participating in the very activity you claimed you were unable to do, you are likely to ruin your personal injury claim.
       
    2. The second way to ruin your Florida personal injury claim is to let the insurance company record your conversations. Despite what a claims adjuster may tell you, you are under no obligation to let them record your conversations. The only reason they are even interested in such recordings is to get you to say something on tape that will allow them to reduce or deny your claim. Your Clearwater personal injury lawyer can help you learn what you should and should not say to insurance adjusters and can even take over communication for you.
       
    3. The third way to ruin your Florida personal injury claim is to miss important appointments related to your injuries such as the doctor or therapy. This demonstrates that you are not serious about treating your injuries, which means the insurance company will not take your claim seriously.
       
    4. The fourth way you can ruin your Florida personal injury claim is to not follow through on treatment recommendations from your doctor or to stop treatment too soon.
       
    5. Finally, if you fail to adequately document your pain and symptoms, then you may ruin your Florida personal injury claim. Documentation is important evidence to prove the extent of your injuries. Keeping a pain journal is an excellent way to show how your accident injuries are affecting your everyday life as you recover.

    If you want to learn more about the Florida injury claims process, start by requesting a complimentary copy of our car accident guide, Five Mistakes That Can Wreck Your Florida Accident Case. Or, if you prefer to speak to us right away, contact us today for a no-cost evaluation of your case at 727-446-0840.

  • What Determines Who Is Responsible for a Florida Traffic Accident?

    In any Florida traffic accident, someone is liable. The simple rule is, whoever was careless was the liable party. In some cases one party violated a traffic law in which case determining negligence fairly straightforward. Others instances aren’t so clear-cut.

    Some states, including Florida, use what is called comparative fault to measure damages. This means that negligence in a Florida traffic accident can be shared among involved parties. For instance, let’s say Tricia was involved in an accident with Allison. It was determined that Tricia was 80% responsible and Allison was 20% responsible for the accident. Total damages to Allison’s car were $10,000. Allison would be able to recover $8,000, or 20% less than the total amount. She would be liable for the remaining $2,000 in damages.

    The insurance claims adjuster will initially determine comparative liability in a car accident. This can be based on the accident report, an assessment of the vehicles involved, and other factors.

    This is where hiring an attorney can be very useful and a financially astute move. An attorney is experienced in negotiating with insurance adjusters and can help compile evidence to prove the other party’s liability in your case.

    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.

  • What are Some of the Potential Long-Term Effects of a Severe Brain Injury After a Car Accident?

    After an accident, brain injury can occur, which often times leads to long-term effects including motor damage and certain neurological diseases.

    Brain injuries can affect cognitive, physical and psychological skills. In addition to the direct symptoms and effects of a brain injury, such as loss of consciousness, mental confusion and blurred vision, numerous long-term effects may develop over time.

    Post-Injury Problems of Brain Injury from Car Accident

    • Parkinson’s Disease – Parkinson’s, a chronic and progressive disorder, may develop after a brain injury as a result of damage to the basal ganglia, a brain structure that controls movement.
    • Alzheimer’s Disease – the more severe the head injury, the higher the chances are of developing Alzheimer’s disease, a progressive, neurodegenerative disease.
    • Dementia – dementia, which is characterized by long-term memory problems, can result from accidents that cause a coma-inducing brain injury.

    Life can change in the blink of an eye when you or a loved one is involved in a car accident. Getting the best medical treatment available, both immediate and long-term, is vital to maintaining the highest possible degree of health.

    To seek compensation for injuries sustained in a car accident, including long-term medical treatments, speak with a Florida brain injury attorney. You shouldn’t have to worry about paying for expensive medical treatments when someone else may be to blame for your injuries.

    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.

  • What are Florida’s Laws for Rear-End Collisions?

    Every rear-end collision is unique, but in most cases Florida law finds that the driver who hits the other vehicle is liable for the crash. If you have been involved in a rear-end collision in Florida it’s best to contact a injury attorney to examine your case and help you determine if you have a valid claim.

    Usually the Driver Who Causes the Rear-End Collision Is at Fault

    Florida traffic laws state that drivers must maintain a safe following distance from the vehicle in front of them to avoid a rear-end accident. If you are following too closely and the car in front of you has to stop abruptly you increase the chances of causing a rear-end car accident.

    There Are Instances Where the Following Driver May Not Be at Fault in a Rear-End Accident

    However, there are some instances in which you may not have been liable for the rear-end collision, even if you were the driver who hit the other vehicle. If the other driver was driving recklessly and needlessly stopped without allowing you proper time to react, you may not be at fault.

    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.