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 3
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.
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.
Do I have to be present at mediation? I'm from out of state and I don't want to fly or drive in for a meeting.
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.
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 can not 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.
If I think I might have a workers' compensation claim and a personal injury claim, which one should I pursue first?
It happens all the time, someone is injured at work, but it was due to the negligence of another person outside of work. For instance, if you are driving a car or truck, get in an accident, you could have a car wreck case and a workers comp case. You may have a social security disability case, depending on the severity of the injury. Interestingly, many injury law lawyers, don't really understand how one type of case can impact the other. Unfortunately, if your lawyer doesn't understand the finer points, you as the person injured could end up paying for that lack of knowledge and information. Some very reputable attorneys just don't understand the consequences. If there is a possibility of an injury law case when you are hurt at work, you shouldn't take chances with such a problem. It's your case and your money. There are but a handful of lawyers who truly practice in both areas- curiously none of the really large injury law firms have lawyers who typically handle both the job injury and injury law matters at the same time. At the very least, you owe it to yourself to have a complete understanding of the potential aspects of your case- early! A strategic review of your case can give you the information you need to make a solid decision about your case.
My accident was a bit complex. 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. 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 relative died a year after the accident that caused his or her fatal injuries. Can I still file a claim to hold someone responsible?
A wrongful death suit can be filed in the state within two years of the death. It is important to keep all documents related to the claim no matter how long ago the initial accident occurred.
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.