Your Personal Injury, Workers' Comp, Disability and Family Law Concerns Put to Rest
Even a minor accident can cause physical and financial confusion, worries, and setbacks. Allow us to help answer your questions and put your concerns to bed, so you can focus on your recovery. Why wait any longer to get the answers you need? Click here and see how our knowledge, advice, and experience can help you.
- Page 2
Frequently Asked Questions about Workers Compensation and Your Lifetime Job
What if my injury prevents me from doing my lifetime job?
The law provides employees an outlet for retraining and job opportunities. If you have been injured on the job so severely that you cannot return, you can work with the Florida Division of Vocational Rehabilitation office to explore your options. The workers' compensation section has a brief overview of what the division offers. You can find vocational counseling, job seeking skills, on-the-job training, job placement and retraining opportunities through the web site.
The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.
Frequently Asked Questions about Workers' Compensation Terms
How much will I get paid? Can I get a settlement?
Consult a workers' compensation attorney at the Coye Law Firm to determine how much your claim is worth. After you discuss what happened, they will be able to give you a more complete picture of the benefits you can receive under the law. Most benefit checks are paid bi-weekly and are for 2/3 of your average weekly wage. A settlement needs important consideration of your injuries, future wages, and reemployment in order to help you recover.
If you are in the process of filing bankruptcy or need to declare bankruptcy after receiving a worker's compensation claim, it is highly important that you speak with your worker's compensation attorney before speaking with a bankruptcy lawyer. The worker's comp payments or settlement should be exempt from debt collection and creditors, but could be considered "income" and complicate your situation.
Can I be reimbursed for the cost of driving to my doctor appointments?
If your doctor appointment is related to your workers' compensation injury, you can have the mileage reimbursed by your employer. Consult a workers' compensation attorney from the Coye Law Firm to learn how to be reimbursed for your mileage.
What do "MMI," "IR," "TPD," "TTD," and "PTD" stand for?
MMI means "Maximum Medical Improvement" and is used to determine when benefits should stop being paid to the injured employee. IR means "Impairment Rating," TPD means "Temporary Partial Disability," TTD means "Temporary Total Disability," and PTD means "Permanent Total Disability." All of these categories are used to determine an injured worker's benefits. When a worker reaches MMI, their workers' compensation benefits stop. However, the doctor assesses an impairment rating, which determines the amount of benefits they may continue to receive.
What about the wages I lose while being out of work? Do I get paid for those too?
Depending on the severity of your injury, you are eligible to receive between 66 2/3% and 80% of your average weekly wage in addition to having your medical bills paid by the employer's insurance carrier. Consult an attorney at the Coye Law Firm to determine your lost wages compensation rate and get the most benefits you can.
How do taxes work with workers compensation benefits?
You do not pay taxes on benefit checks. However, if you go back to work on a trial basis and earn wages while receiving a benefits check, you are required to pay taxes on the wages earned. Visit our section on income taxes to learn more.
The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.
Frequently Asked Questions about Workers Compensation Mediation
Can there be more than one mediation?
At the end of mediation, the mediator prepares a report stating which issues have been resolved and which ones need further discussion. Mediation is an attempt for all of the issues to be resolved before going to a trial, but if they aren't, then taking the disagreement before a judge is the next step.
Discussing your concerns with an attorney at the Coye Law Firm is the best way to get the benefits you need and in a timely manner. Our attorneys and staff are dedicated to working with injured workers through every level of their claims.
Do I have to be present at mediation?
According to the rules outlined on the JCC web site , you have to show good reason for not being present at the mediation. If you are from out of the area, you can be connected to the meeting by the telephone or a video conference on the Internet. These other means of communication must be approved by the mediator in advance of the meeting.
What if we reach a compromise before mediation?
With the help of a lawyer, it is possible that your employer and their insurance company will agree to your requests before mediation takes place. If this is the case, and you accept all terms of the agreement, all parties need to notify the mediator and judge in writing before the meeting.
What should I bring to mediation?
Your attorney will prepare you on what to bring and what to say in mediation well before the meeting takes place. It may be helpful to bring medical bills, prescription receipts, copies of paperwork filed with the state, and other documents to prove that your injury was work-related. These documents will be kept confidential as will the mediation's transcript.
What if I don't think the mediator is being fair?
Mediation is designed to help parties reach a compromised solution to their issues. You do not need to accept the terms of any agreement if you and your attorney don't consider them fair. Additionally, any party in the mediation can request that the mediator be disqualified. The request must be submitted to the judge, include specific reasons for disqualification, and the name of a substitute mediator. An experienced workers' compensation attorney from the Coye Law Firm knows the behavior and judgement expected of a mediator and can help you determine if they are truly impartial.
The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.
Frequently Asked Questions about Your Workers Compensation Doctor
Can I choose my own doctor? What if I don't like the one that I choose?
Workers compensation must authorize a doctor for injured workers to begin treatment. Workers are not permitted to choose a doctor, but if they are dissatisfied with the one authorized, they are allowed to change doctors one time. Exercising this right can depend on timing and circumstances, so it is important to consult an experienced workers comp lawyer at the Coye Law Firm before making this decision.
I work at a supermarket. I became injured after I slipped and fell on some liquid a customer dropped. Can I claim workers' compensation benefits to offset my medical bills?
Workers' compensation claims are filed when a worker is injured during the "course and scope" of their employment. This means that if they are performing tasks that their employer requests and become injured, they can file a claim regardless of the source of injury. In the grocery store case, an employee can file a claim even if their employer wasn't the one who posed the danger and they experienced a workplace accident.
Do I have to pay for my medical treatment?
If the system is working correctly, you shouldn't have to pay for treatment yourself. The medical provider submits the medical bills to your employer's insurance company, who in turn pays the bills.
Do I need health insurance in order to pay for treatment?
You should only be concerned with paying for your own medical treatment if you've settled your claim. If an injured worker's injuries need medical attention after the claim has been settled, it is their responsibility to pay for them through health insurance or some other method.
Another employee was playing a joke when I fell and broke my arm. Do I have a claim?
If you were performing duties within the scope of your job, then most likely. The statute specifies that deviation from employment is not covered in a workers' compensation claim, but every circumstance is different. contact a workmans' compensation attorney at the Coye Law Firm to determine if you have a case.
Frequently Asked Questions about the Workers' Compensation Process
I've been injured at work. How do I begin the workers' compensation claim process?
After being injured at work, the first thing you should do is notify your employer or supervisor and file a First Report of Injury or Illness form with your employer.
How long after my injury do I have to report it?
You have up to 30 days from the injury or 30 days from when your doctor says your injury is work-related to report it. Generally, you should always report an on-the-job injury to your employer as soon as possible. Your claim may be denied if you don't report in time.
Will I lose my job if I file a workers' compensation claim?
Your employer cannot fire you for filing a workers' compensation claim. Protection from retaliation is a part of the workers' compensation law in Florida. However, depending on the severity of your injury and the nature of your work, you might not be able to return to work. Additionally, the employer is not required to keep your job open for you to come back.
I haven't heard anything about my benefits claim and I sent them notice a month ago. What's going on?
According to the workers compensation laws, "The carrier must pay, disallow, or deny all medical, dental, pharmacy, and hospital bills submitted to the carrier in accordance with department rule no later than 45 calendar days after the carrier's receipt of the bill." Consulting your attorney or employer may help to expedite the process.
Do I need an attorney for my workers' compensation claim?
You need an attorney in order to receive the maximum benefits you are entitled to under the law. Coye Law Firm is experienced in the workers' compensation system and can help you sort through medical benefits, lost wages, and other sources of financial assistance. Although one is not required by law, an attorney knows the methods, reasons, and small details that go into calculating a settlement for your full benefits.
How much does it cost to hire an attorney for my workers' compensation claim?
Florida law places a limit on the amount that an attorney representing an injured person can collect in a worker's compensation claim. The specifics of Florida law have changed over the years. Depending on the date of your injury, the cost can vary and the only way to know for sure is to discuss your situation with an experienced worker's comp attorney.
Can my mental illness be attributed to hazards in the workplace? If so, can I file a workers' compensation claim?
It depends. If your mental injuries are accompanied and caused by physical injuries, you may be able to claim benefits to remedy this problem. There are many exceptions, however. If depression results from being out of work, it is not compensable. The statute can be reviewed here.
What is a Petition for Benefits?
A petition for benefits is a form that the employee or claimant files in order to demand benefits be paid. This involves state government in your claim. If you choose to file a petition for benefits, it requires that a mediation conference take place. In order to protect your benefits and legal rights, you need a workers compensation attorney from the Coye Law Firm if your benefits are being denied. Florida law protects injured workers, so don't settle your claim without consulting one of our experienced attorneys.
- The Process of a Workers' Compensation Claim
- Understanding The Forms Involved In Your Workers' Compensation Claim
- What To Expect When Calling A Workers' Comp Law Firm About Your Work Accident
If you have questions about your workers’ compensation claim you can download a FREE copy of Wade Coye’s book, Sharing the Secrets, Learning the Lies: A Guide to Florida Workers’ Compensation. You can also contact our expert team by calling (407) 648-4940 today or by filling out a contact form.
Frequently Asked Questions about Truck Accidents
Who should be held accountable in Florida for 18-wheeler or semi-truck accidents involving equipment failure?
There are many potential parties that you could receive damages following an accident involving equipment failure. It all depends on who did not act with due care in making sure the truck was safe to drive. This could be the driver, the trucking company, or a third party maintenance company. A thorough investigation should be conducted following a truck accident to determine exactly what went wrong and who is at fault. It is important to contact an experienced truck accident attorney to conduct an investigation following an accident with an 18-wheeler or semi-truck.
How much will it cost me to hire a truck accident attorney in Florida?
The lawyers at the Coye Law Firm will work for a contingency fee when representing you following a truck accident in Florida. This means you pay nothing unless your case is successful and that payment comes directly out of the settlement. You never have to write a personal check.
How common are serious injuries from 18-wheeler or semi-truck accidents in Florida?
18-wheeler or semi-truck accidents in Florida inherently carry a much greater risk of serious injury or death. Estimates show that 1 in 8 traffic fatalities are caused by accidents with 18-wheelers or semi-trucks in Florida. Sheer size makes these vehicles extremely dangerous. They also spend most of their time on the highway or interstate, moving at fast speeds, further raising the severity of any accident. Driver fatigue is a chronic problem in the trucking industry where the incentive is high to log as many hours as possible every day. An experienced Florida truck accident attorney can properly identify possible acts of negligence and help you secure the maximum benefits for your claim.
A big rig lost control causing a major accident that injured me. Can I recover in Florida against the driver of the big rig?
If it can be shown that the driver of a big rig was negligent then a claim can be brought against the company that the driver works for or the driver if they are not working for a company. This happens all too often. Driver fatigue is a widespread problem for big rig drivers, especially with time constraints incentivizing drivers to log an unsafe amount of hours on the road every day. If the driver can be shown to have been driving in an unsafe manner or if he or she was under the influence of alcohol then negligence can be proven as well. These are just some examples of cases where the driver, as well as the trucking company and their insurance, can be sued for your injuries, lost wages, or even wrongful death following a truck accident in Florida. An aggressive truck accident lawyer can help prove driver negligence.
Who can sue in an 18-wheeler or semi-truck injury or death case in Florida?
If the negligence of an 18-wheeler or semi-truck driver has resulted in severe injury or the wrongful death of a family member, then a personal representative can bring a lawsuit to cover damages. A personal representative is typically a family member. If the injury results in a severe injury, guardianship may have to be established for a lawsuit to be concluded by the personal representative. In many cases, the passenger in one of the vehicles involved in the wreck can sue as well. An experienced truck accident lawyer can advise you on the best course of action.
What amount of damages can I receive if I am injured in an 18-wheeler or semi-truck accident in Florida?
An 18-wheeler or semi-truck accident often results in debilitating injury, lost wages, and emotional trauma. Depending on the particulars of your accident you may be able to recoup monetary benefits for all of these reasons and more. Also, any passengers or family members in the truck accident who were also affected will have a claim to sue as well.
Who are the stakeholders in an 18-wheeler or semi-truck lawsuit?
Besides you and your family, there could be a number of stakeholders in an 18-wheeler accident. The truck driver and the trucking company are stakeholders. Anybody who worked on the vehicle and may have had some part in the accident, like a negligent maintenance crew or workers that improperly loaded cargo at the source of shipment are also stakeholders. Depending on the intricacies of the accident, there could be numerous stakeholders.
I was a passenger in an 18-wheeler or semi-truck accident in Florida. Who will pay my medical bills?
There are a few ways you can have your medical bills paid for if you were the passenger in an 18-wheeler or semi-truck accident. The at-fault driver may pay for some or all of your medical bills. The insurance covering the truck may still cover you in an event of an accident. Also, any insurance coverage you have may extend to an accident in which you are a passenger in an 18-wheeler or semi-truck accident.
How long do 18-wheeler or semi-truck accident cases last in Florida? Do most cases settle or go to trial?
Many truck accident claims can be settled through negotiation or meditation without ever having to go to court. However, sometimes, if the case is particularly complex or the insurance company is abstaining from paying your due benefits, cases do go to trial. This process can often takes months or even years to ensure you receive the benefits you deserve.
What do I need to know about insurance companies in regard to 18-wheeler and semi-truck accidents?
The insurance companies of trucking companies are absolutely not looking out for your best interest. Following a truck accident in Florida, where the truck driver was at fault, they want to limit your access to benefits in any way possible. An insurance adjuster will likely try to contact you, or even show up at the scene of the accident. It is not in your best interest to disclose information to an insurance adjuster for the trucking company. They will attempt to use this information against your claim. It is important to contact an experienced truck accident lawyer before speaking to any insurance adjusters or providing them information.
How are traffic accidents involving 18-wheeler and semi-trucks different from accidents involving passenger cars in Florida?
Accidents involving 18 wheeler and semi-trucks are typically much more catastrophic than accidents between comparably-sized cars. A fully loaded commercial truck can weigh over 80,000 pounds while the typical car weighs only about 3,000 pounds. The laws of physics dictate that a collision with a large truck can be disastrous, often resulting in serious injuries or fatalities. Also, semi-trucks may carry dangerous or hazardous materials that may compound the severity of the accident.
I was hit by a commercial vehicle and their insurance company wants a statement from me. Do I have to give one?
No you are not required to give a statement to the commercial vehicle’s insurance company. Actually, it is normally not in your best interest to give a statement to the insurance provider of the commercial vehicle before talking to a truck accident attorney.
How are damages determined for serious physical injuries or death in an 18-wheeler or semi-truck accident?
The ultimate goal in compensating the victim in a semi-truck accident is restitution – to return them to their state before the accident occurred. After a debilitating accident it may be impossible to completely restore a person’s health, working capacity, and psychological state. Truck accident damages are determined in two categories – economic and non-economic. Examples of economic damages that are compensable from the at-fault driver are medical bills, lost wages, and lost earning capacity. Non-economic damages are hard to estimate and can include the emotional and psychological toll on the victim of a traumatic accident involving an 18-wheeler or semi-truck.
I was in an accident and the other vehicle was a semi-truck. What do I do now?
First and foremost, seek medical treatment for your injuries. Also, contact a truck accident attorney . The trucking company will have experienced attorneys and insurance adjusters who want to limit your claim as much as possible. They are not acting in your best interest. Often times, accidents with semi-trucks are caused by fatigue on the part of the truck driver. This is negligence and you are entitled to compensation for your medical bills and lost wages.
How much time do I have after an 18-wheeler or semi-truck accident to file a lawsuit in Florida?
The statue of limitations in Florida, Fla. Stat. § 95-11, for an accident resulting in injury, is four years. This means you have up to four years after an 18-wheeler or semi-truck accident to file a claim. The four year time limit takes into account the immediate needs of accident victims, namely, receiving the immediate and critical medical treatment necessary. Protecting your heath is the most important factor after an accident. However, when it becomes possible, you should hire an experienced lawyer to guide you through the stressful and intimidating process of recouping damages from the at-fault driver’s insurance to help pay for your medical bills and lost wages.
Is the investigation important in a Florida 18-wheeler or semi-truck accident case?
The investigation is very important in an 18-wheeler or semi-truck accident in Florida. The trucking company’s insurance may be on the scene of the accident shortly after paramedics and police. They will collect information and try to get a statement from you about the accident. All of the information they collect will be used to limit your claim as much as possible. It is important to contact a truck accident lawyer as soon as possible to investigate on your behalf and to handle insurance adjusters.
Who can be sued in an 18-wheeler or semi-truck case in Florida?
Many different parties can be sued following an accident with an 18-wheeler of semi-truck. It all depends on who is at fault. This could be the driver, the driver’s employer, the owner of the vehicle, the shipper, the trucking company, the company receiving the goods, or even a maintenance company that worked on the vehicle. Determining who is responsible after an accident is very complicated so hiring an experienced truck accident lawyer is very important to ensure you receive the greatest potential benefits.
What is considered a commercial truck?
A commercial vehicle is any vehicle that is engaged in business, normally transporting goods. 18-wheelers and semi-trucks almost always are considered commercial vehicles. Commercial vehicles are normally insured with liability insurance and fault in an accident can be placed on the employer of the driver as well as the driver in case of an accident.
How do I protect my legal rights after an 18-wheeler or semi-truck accident in Florida?
There are several steps you can take to protect your rights if you are injured in an accident involving an 18-wheeler or semi-truck. If you are severely injured following the accident then you should seek medical attention immediately. If possible, you should try to take pictures of the accident scene, obtain any information about witnesses or the vehicles involved, and file a police report. You should file a claim with your insurance company but not answer any questions they ask that might make you uncomfortable. Do not speak with the trucking company’s insurance or a claims adjuster and do not sign anything. To ensure you take the necessary steps to preserve your rights you should contact a truck accident lawyer as soon as possible after an accident with an 18-wheeler or semi-truck.
How do I retain the best attorney for my 18-wheeler or semi-truck accident case in Florida?
The personal injury attorney you retain to represent your rights for your 18-wheeler or semi-truck accident case should be experienced in dealing with the complex legal issues involved with such accidents and in aggressively pursuing your rights. The trucking company, and their insurance, will try to limit your claim anyway possible and you need an attorney who will represent your rights.
How do national and local laws and regulations affect my Florida 18-wheeler accident case?
It is important to take into account all of the pertinent and sometimes conflicting state and federal laws relevant in an 18-wheeler accident. These are important because often times trucking companies and truck drivers are from other states and commuting through Florida. In this case federal laws may apply as well as state laws. It is important to have an experienced and knowledgeable car accident attorney to represent your interests. Especially, in complex cases that involve federal and state laws.
Are there different rules that apply to accidents involving 18-wheelers and semi-trucks in Florida?
Commercial vehicles, including 18-wheelers and semi-trucks, are different than personal vehicles and they often carry different insurance. Also, as an employee of a company, the driver may not be solely at fault in an accident. The trucking company and other possible involved parties may be liable as well. It is important to contact a truck accident lawyer to navigate the different legal aspects that are involved when an 18-wheeler or semi-truck is involved in a car accident.
Why should I hire a truck accident attorney to represent me following my 18-wheeler or semi-truck accident in Florida?
A semi-truck or 18-wheeler accident can cause severe physical and mental harm. It may be difficult or impossible to work and your medical bills could quickly become overwhelming. Often time’s accidents with 18-wheelers or semi-trucks involve corporate entities, which are much more aggressive and experienced in limiting consumer claims for benefits. That is why it is important to hire an experienced truck accident attorney to represent your rights and to obtain benefits from the at fault driver to help you cope with these difficulties.
How quickly should I contact an attorney in Florida following my 18-wheeler or semi-truck accident case?
You should contact an attorney experienced in car accidents involving 18-wheelers or semi-trucks as soon as possible. The trucking company and their insurance will act aggressively and quickly to limit your ability to collective injury benefits, even if the truck driver was negligent. The sooner you can get an experienced attorney in your corner the better.
Are witnesses necessary in a Florida 18-wheeler accident case?
Even though credible witnesses at the scene of a truck accident in Florida help prove fault and negligence, often times there are simply no witnesses to an accident. This is why it is important to have an experienced truck accident attorney who can still build a proficient case without eye witness accounts. Other facts of a case can solidify your claim for benefits from the at-fault driver including expert testimony, physical evidence, and credibility of the other parties.
What is the purpose of the accident claims adjuster at the scene of an 18-wheeler or semi-truck accident?
Claims adjusters arrive on the scene of an accident to conduct an investigation and gather evidence about the accident for the trucking company’s insurance. The purpose of the claims adjuster, then, is to gather evidence that can limit your claim with the trucker’s insurance company after an accident. It is important that you hire an experienced attorney to conduct an independent investigation. Do not rely on the information gathered by a claims adjuster to represent your best interests.
What if I was a passenger in an 18-wheeler or semi-truck accident in Florida?
You may be eligible for benefits from multiple sources: the insurance of the driver of the car you were in, the trucker’s insurance, personal injury protection, and other sources. You also will most likely be eligible to participate in any lawsuit to receive additional benefits for your injury or lost wages if a party is found to have been negligent in the accident.
Frequently Asked Questions about Tourist Injuries
What do I do if I slip and fall in my hotel lobby?
If you are injured and unsure about getting up, call for help. Never risk further injury by underestimating the extent to which you are hurt. Allow someone else to phone for medical response and ask someone to alert the hotel management. If management becomes involved, do not sign or agree to anything until you’ve spoken with an attorney. Ask a friend, family member, or witness to take pictures of the location and circumstances.
Why shouldn’t I wait until I get home to see my own doctor and file suit then?
If you are injured on vacation, don’t wait to get home to seek medical attention – do so immediately. Not only will you make sure that you are healthy enough to travel home safely, you will be able to begin any litigation process more quickly should you decide to file a suit. Your health comes first, and the longer you wait to address medical issues the more complicated it may become to address legal ones.
I was on a vacation outside of the state when I got into a car accident while driving my own car and was injured. I am an insured driver. Will my insurance company pay for my injuries?
As long as you have PIP insurance, your PIP coverage should pay for your medical treatment. If you were driving your vehicle, any insurance coverage will follow your vehicle, regardless of where you get into an accident. This also applies to insured relatives who were in your motor vehicle. If your car accident injuries are costly, contact the personal injury attorneys at the Coye Law Firm.
What do you mean by “tourist injury”?
A “tourist injury ” is typically any type of personal injury which occurs to a person who is a non-resident of Florida and is visiting for business or pleasure. These can include car accidents, slip-and-falls, dog bites, pool accidents, or burns, amongst other types of personal injuries which may have been the result of someone else’s negligence.
What if I don’t know about the problem until I get home?
In the event that an injury is not discovered until you arrive home, or that you are on your way out of state when an injury occurs (such as a slip-and-fall at the airport, for example) seek medical attention as soon as possible. Being out of state will not affect the process of filing a personal injury claim. In today’s digital age it is usually possible to communicate efficiently about these cases over long-distances.
What do I do if I am injured at a beach or on other public property?
The Florida Coastal Management Program is responsible for maintaining signage at public beaches and other waterways. In case of an emergency seek medical attention immediately, document the incident as best you can with photographs and written statements, and contact both an FCWP representative and an attorney as soon as possible.
The Florida Fish and Wildlife Conservation Commission is responsible for the maintenance of off-highway public property roads, as well as distribution of hunting and fishing licenses and the necessary safety which accompanies these kinds of activities. If you are injured on public property in a fishing, hunting, boating, or “off-roading” accident, seek medical attention immediately and document the incident as thoroughly as possible with photographs and written statements. You should report the incident to the appropriate regional office and contact an attorney immediately about your rights.
What do I do if I, or my child, are injured on an attraction at any amusement park?
Report the injury to the operator of the ride immediately. Have that person call for both medical assistance and their manager at the same time. Complete any “incident report” the park management requires so that they have it properly documented. Do not sign any agreements or discuss insurance or compensation with any representative of the park until you’ve spoken with an attorney.
Frequently Asked Questions about Premises Liability
How do I know if I have a premises liability case?
The key in premises liability is negligence. While you may have been injured on someone's property, you would only have a claim against them if they were negligent on their property, causing your injury. For example, if you were visiting a friend's home and they were doing construction and they failed to warn you about loose nails that caused an injury, you may have a premises liability case against them. These cases can be tricky, contact a lawyer at the Coye Law Firm to help you understand all aspects of your personal injury claim.
Who can make a premises liability case?
There are three types of people who can make a personal injury premises liability case: an invitee, a licensee, and in some cases a trespasser. An invitee is someone who has expressed or implied permission to enter a property. The property holder then has a duty to reasonably ensure that their property is safe for the invitee. A licensee would be someone like a sales person who enters a property for his or her own reasons. In this case, the property holder still has a duty to keep the property safe for any licensee that may enter. A trespasser is someone who does not have permission to be on a property, usually the property holder has no obligation to trespassers, but there are exceptions to this rule. For example, children may be harmed while trespassing and they could have a premises liability claim because children are likely to trespass, even if by accident. Property holders also have an obligation to warn potential trespassers of any dangers on their property. For example, if there is a dangerous dog on the property, there should be a "Beware of Dog" sign. If you believe that you fall under any of these categories, contact the Coye Law Firm to assist you with your claim.
If I was injured in a car accident caused by a road hazard, such as construction equipment, do I have a case?
This area of liability is an interesting aspect of premises liability. Governmental entities cannot be held responsible for injuries in buildings or on roads they fail to build, expand, or modernize. However, when they make the decision to do so, they become responsible for the injuries sustained due to lack of maintenance or due care. It works in a way similar to a private individual owning or operating a building.
Frequently Asked Questions about the Insurance Company after an Accident
Can I appeal a denied insurance claim?
When you disagree with an insurance company's decision on your claim, you can try to negotiate with them. An insurance dispute attorney can help this process be much faster and more effective. There are loopholes and a lot of paperwork and jargon that insurance adjustors use. An attorney knows how to avoid this hassle and get your benefits as soon as possible.
What happens if my medical bills go over $10,000?
Florida is a no-fault state and requires insurance companies to pay the first $10,000 worth of medical bills for injured policyholders with their Personal Injury Protection benefits or PIP. However, some accidents cause injuries that this amount of money can't cover.
If your medical bills go over $10,000, another source of money must be found. Health insurance picks up some of the cost if you have a policy. If you are facing costs over $10,000 and might have to pay out of pocket, you should speak with an attorney. Coordinating benefits past the first $10,000 of PIP can be difficult to do. Our car accident injury attorneys can help you do this and recover benefits if there is resistance from insurance companies.
The other driver's insurance company offered $5,000 for my injuries. I need the money, should I take it?
An early offer to compensate you may not be enough to cover the injuries you sustained in the accident. Do not accept payment until you are ready. If you do, the at-fault driver's insurance company will not pay you any more money. An experienced attorney knows the aspects of recovery that need to be covered by a settlement. Call one of them at the Coye Law Firm today.
My insurance company is saying that they won't repay me for damages because it's excluded. What does this mean?
Most insurance companies will include "exclusions " under their policies to protect themselves from risk. Read your insurance policy carefully to see the wording of the exclusion and compare it against the situation you are facing. (If you don't have a copy, request one of your insurance agent. They should provide you with a copy of your policy.) You may be able to dispute the insurance company's decision to deny your claim. Contact an insurance attorney at the Coye Law Firm to seek assistance with this process.
The at-fault driver approached me to sign a release. What should I do?
If you have received money from your own insurance company for damages, you should consult the company before signing anything that may waive rights. Once the insurance company pays you money, they now have a claim against the other driver as well. If you sign a release, you could be responsible for paying back the money you received from the insurance company. Contact the accident lawyers of the Coye Law Firm to learn how signing a release or waiver may affect your eventual injury settlement.
What should I do if the other driver's insurance adjuster is trying to communicate with me?
The other insurance company may seek a written or recorded statement from you regarding the accident. You are not obligated to do this. It is important to know that anything you submit to them can be used in your claim, possibly to hurt your case.
Who pays my collision deductible?
If your policy includes a deductible, you pay it following the accident. When the at-fault party pays your insurance company, it can include the amount of the deductible, which your insurance company can then reimburse you. You may also choose to wait for the at-fault party to pay the deductible directly. This option takes time. You should discuss the advantages and disadvantages of each method with an experienced car accident lawyer at the Coye Law Firm before making a decision.
Can I get benefits for my pain and suffering?
Benefits not directly related to medical care are rare. Under Florida law, your injuries need to be proven as permanent through a medical report from your doctor. If your injuries fall under the definition of permanent, the Coye Law Firm's personal injury attorney team can pursue benefits for your pain and suffering.
Frequently Asked Questions about Car Accidents
What do I do after an accident?
First and foremost, always consider your health and well-being and call 911. Seek medical attention without delay. If there were no witnesses to the incident, tell the property owner what occurred as soon as possible. If someone else witnessed your injury, ask them to report what they know to the owner while you are having the injury taken care of.
In general, it may be helpful to gather copies of all the documentation possible, including an insurance card. Here are a few things to think about in this process:
- Take photos (or have the medical facility photograph) your injuries. Try to get the injury from as many angles and with as much light as possible. There can never be “too many” photos if the case goes to litigation.
- Take photos of the site where the injury occurred, from as many angles and as clear as possible. Try to get maximum information into the photos – every foot of area you capture could help your attorney in court.
- Write up an “incident report” in your own words of what happened. It doesn’t need to be in formal language, but jot down as many details as you can. This could be vital to reconstructing the event later.
Remember: If the claim goes to litigation, your lawyer will value photographic evidence and any documentation from witnesses which assist in event re-creation. Make sure the attorney is provided the company name for the medical care providers, and the name any witnesses, management, or personnel involved on the date of the incident. These details are especially important if the injury has occurred to your child as childhood injuries sometimes involve more intensity and potential complications than adult injuries.
My car was struck by a car that had been rear-ended on the highway. Who can I hold responsible for my injuries?
A personal injury claim involves an important factor: negligence on the part of the person who inflicted harm upon another. There is a common law rule in Florida that states a person injured can bring suit against any or all of those who caused them harm. In a case like this, it will depend on the chain of events and the exact situation to determine who will be The advice of an attorney can help you determine the areas of liability that are likely to give you the best chance at a full recovery.
My car was hit and the driver fled. No one was injured. What charges can the at-fault driver face?
Leaving the scene of an accident where property damage occurred is a misdemeanor in Florida. If the accident resulted in an injury, it is a second-degree felony to flee the scene. The at-fault driver could face up to 15 years in prison if this occurred.
How much is my case worth?
Personal injury cases that arise from car accidents are meant to recover benefits for the injured driver. These benefits can range from medical bill reimbursement, lost wages, or pain and suffering in more serious circumstances. Every case is different and will require To recover any benefits, documentation and reports from reputable doctors or other professionals are essential. The car accident attorneys at the Coye Law Firm want to help those injured in car accidents recover what they are owed under Florida law.
What should I bring to the first meeting with a lawyer?
After calling our offices to set up a consultation, your attorney or case manager may recommend that you bring certain paperwork to get your case started. In general, you should bring:
- The information exchanged between drivers
- Your auto insurance card
- Your group health insurance card
- Your driver's license
- Any hospital or doctoral paperwork for your injuries
- Pictures from the accident
Do I pay you anything if I don't get a recovery?
The auto accident injury lawyers of the Coye Law Firm do their best to recover maximum benefits for clients. We work on a contingency fee, meaning you don't have to pay if we don't make a recovery.