What Should I Do After a Car Accident?
If you have been involved in a car accident, following these five simple steps will help preserve your injury claim:
- Call 911 – Immediately after the accident, contact the police and EMS. Do not leave the scene of the accident and wait for help in a safe area out of the way of traffic.
- Seek Medical Treatment – Even if you are only slightly injured, allow EMS to examine you at the scene. If your injuries are severe, accept an ambulance ride to the hospital. Describe all of your injuries and symptoms in detail to emergency medical staff so that all of your injuries are properly documented.
- Take Photographs And Collect Information – Take photos of the vehicles and the accident scene, including your injuries. These photos may be used to determine liability and be used as evidence at trial. Law enforcement will assist in obtaining the contact information for the other drivers involved in the crash. If police do not arrive at the scene, collect names, addresses, phone numbers, license plate numbers, and insurance information for the other people who were involved, and obtain witnesses information.
- Do Not Give Any Statements – Apologizing after an accident or admitting fault can negatively impact your car accident claim. Do not give recorded statements, sign any paperwork, or accept any settlement offers from anyone without first consulting with an experienced car accident attorney.
- Consult An Experienced Car Accident Lawyer – An experienced attorney will advise you on the value of your potential claim, investigate and gather evidence, and work to negotiate a settlement with the insurance company and the at-fault parties. If a fair settlement cannot be reached, the attorney will file a lawsuit on your behalf and prepare your case for trial.
How Much Does it Cost to Hire a Personal Injury Lawyer?
The Law Office of Heidi A. Hillyer, P.A. accepts most personal injury cases on a contingent fee basis. This means that if there is no recovery there is no cost to you.
A contingent fee agreement is a written contract between the client and the lawyer in which the lawyer will be paid an agreed-upon percentage of the total settlement or judgment. If the lawyer does not obtain a settlement for the client, or if there is no award after a trial, the lawyer will not receive a fee.
The law firm will advance all agreed-upon litigation costs and court fees on behalf of the client. Costs and fees can include court filing fees, investigation costs, photocopies, medical records, and expert witness fees, among others.
Personal injury settlements are subject to medical and health insurance liens. This obligates the lawyer to pay the liens before disbursing settlement proceeds to the client. It is important to discuss this with your attorney and your medical providers so that you understand how they will be paid.
Contingency fee agreements are regulated by The Florida Bar and they are subject to Rule 4-1.5 of the Florida Rules of Professional Conduct.
How Long Will It Take To Settle My Personal Injury Case?
The length of time that it will take to settle a personal injury claim can vary greatly and depends upon the unique factual circumstances of each case, the severity of the injuries, and the amount of time for recovery for those injuries. The timeline of a personal injury case generally depends upon:
- The complexity of the case
- Whether liability is clear
- The severity of injuries
- The defendant’s willingness to settle
- The client’s willingness to participate in litigation
- The case load in the court’s jurisdiction
Settling a case too quickly or before a client has completed medical treatment will usually result in a lower settlement offer for the client. Settling a case too early may have serious long-term consequences for the client if they are in need of ongoing and future medical treatment for their injuries.
Some cases may take longer to settle because there are disputes between the parties as to who was at fault for the accident, whether the injured party was also partially at fault, and whether the accident actually caused the injuries.
Many accident and injury claims settle within one to two years. If liability and the amount of damages are contested, then it is unlikely that a case will settle before a personal injury lawsuit is filed. While the vast majority of lawsuits settle before going to trial, once a lawsuit is filed, a case in litigation may last from one to five years.
What Should I Do After a Slip And Fall Accident?
If you have been injured in a slip, trip, or fall due to a hazardous or dangerous condition on someone else’s property, the actions you take immediately following the accident may have serious consequences on the the outcome of your personal injury claim. Following these basic steps will assist you immediately after a Slip and Fall Accident:
- Call 911 – Immediately after your fall, do not move or allow others to pick you up until you know it is safe to do so. If you are experiencing severe injuries, call 911 and request EMS so your injuries may be properly evaluated.
- Accept Medical Treatment – Even if you only feel slightly injured, accept medical treatment from EMS at the scene. If your injuries are severe, accept an ambulance ride to the hospital. Describe all of your injuries and symptoms in detail to medical personnel so that all of your injuries may be properly documented.
- Take Photographs – If you are physically able, take photographs of the area where you fell and the substance or thing that caused your fall. Note whether there was any attempt by the property owner or employees to clean up the substance or condition that caused your fall.
- Report the Incident to the Property Owner or Property Manager – Report the incident as soon as possible and request a copy of the incident report if a report was created.
- Collect Witness Information – If anyone saw you fall or saw the condition of the area before or after your fall, collect their names, addresses, and phone numbers, as well as a statement of what they saw.
- Save the Shoes and Clothes You Were Wearing and do not wash or alter them in any way.
- Do Not Give Any Statements – Do not give any statements, sign any paperwork, or accept any settlement offers from anyone without first consulting with an experienced personal injury attorney.
- Consult With An Experienced Personal Injury Lawyer – An experienced attorney will advise you on the value of your potential claim, investigate and gather evidence, and work to negotiate a settlement. If a fair settlement cannot be reached, the attorney will file a lawsuit on your behalf and prepare your case for trial.
What Should I Bring To The Consultation With My Car Accident Attorney?
If you have been injured in a car accident the last thing you probably want to think about is paperwork. However, if you bring the following documents to your initial consultation the appointment will go more smoothly and it will assist the attorney in properly evaluating your case.
Documents to bring with you to your initial car accident consultation:
- Driver’s license
- Automobile insurance ID card
- Traffic Crash Report or Driver’s Exchange Form
- Vehicle information
- Photographs of damage to your vehicle
- Photographs of your injuries
- Witness Information
- Hospital discharge paperwork
- Health insurance ID card
- List of all medical providers who have treated you for your injuries
- Automobile insurance policy and declaration page
- Other insurance policies that may provide coverage
- Employment/employer information
- Disability slips/doctor’s notes from medical providers for time off work
- Receipts for out-of-pocket expenses for prescriptions, lab work, co-pays, etc.
What is Uninsured/Underinsured Motorist Coverage?
Uninsured motorist/underinsured motorist (“UM/UIM”) coverage protects you if you are injured by a negligent driver who does not carry bodily injury liability coverage or does not carry enough liability insurance.
With one out of four drivers in Florida driving without automobile insurance, and one of the highest accident rates in the country, if you are hit by an uninsured or underinsured motorist you may not be able to obtain compensation for medical treatment, lost wages, long term nursing care, funeral expenses, and other damages.
Some insurance companies or insurance agents will try to convince you that you do not need UM/UIM. Florida law does not require drivers to buy this important coverage, but they absolutely should. You should always purchase insurance with the highest stacked UM policy limits that you absolutely can afford so that you will be protected in the event that you are injured in a car accident by an uninsured or underinsured motorist.
What Is Uninsured Motorist Insurance Stacking?
There are two types of uninsured motorist coverage: Non-stacked and Stacked.
Non-stacked UM costs less than stacked UM. Non-stacked UM will cover you when you occupy the vehicles that are listed on that automobile insurance policy.
Stacked UM costs more than Non-stacked UM but it can provide higher policy limits. It covers you when you occupy the vehicles listed on your insurance policy and it will also cover you in cars that are not listed on the policy. Stacked UM will also cover you while riding motorcycles. The Stacked UM limit shown on your policy declaration page is multiplied based on the number of vehicles insured on your policy.
For example, if you have three cars insured on a policy with UM limits of $100,000 per person/$300,000 per accident, on a Non-stacked UM policy, $100,000/$300,000 would be the most you would be able to collect.
However, if you purchased Stacked UM coverage, you would multiply the limits by the number of vehicles insured under the policy, i.e. $100,000/$300,000 X 3 = $300,000/$900,000.
What Should I Do If I Have Been Attacked and Injured By A Dog?
If you have been the victim of a vicious dog or other animal bite, the attack itself can be extremely terrifying and the resulting injuries may be catastrophic. Here are a few steps to take:
- Try to find help. If you are unable to stop the attack yourself, yell for help.
- Once the attack has ended, evaluate your injuries and seek medical attention, call an ambulance, or go to the emergency room.
- Report the incident to your local animal control agency or law enforcement.
- Take pictures or ask someone else to photograph your injuries.
- Try to locate the owner of the dog.
- Contact an experienced Personal Injury Attorney.
