General Questions
Q: Are the services of Goldstein, Buckley, Cechman, Rice and Purtz expensive?
A: Our firm utilizes the standard contingency fee contract established by the Florida Bar. In personal injury and wrongful death cases there are no fees owed to us unless we make a recovery on your behalf. Your initial consultation is free in personal injury matters.
Q: What is my case worth?
A: Many factors are taken into consideration when a personal injury claim is evaluated for settlement purposes. Cases have value based on the following elements assuming the liability, i.e. who was at fault, is proven. Under the law, plaintiffs in personal injury cases are entitled to both economic and non-economic damages. These include:
A. ..Past Medical Bills
B. ..Future Medical Bills
C. ..Past Lost Wage
D. ..Loss of Earning Capacity in the Future
E. ..Pain and Suffering
F. ..Inconvenience
G. ..Loss of Capacity to Enjoy Life
H. ..Mental Anguish
I. ..Disability
K. ..Disfigurement
There is no tried and proven formula to determine exactly how much a case is worth and it really depends on how the evidence comes is received and evuated by a jury. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues which would allow the insurance company's lawyer to attack the credibility of the injured party. However, based on our experience of negotiating settlements and trying cases before juries in the state of Florida, we are generally able to establish a "range of value" of cases after the attorneys working the case have been able to review all the medical records and bills and see how the client has responded to medical care and treatment. Even with all of this information it is very difficult for anyone to establish an exact figure but, typically, a range of value based on our vast experience in handling cases can be determined.
Q: Why must I pay 'costs' in my case?
A: In Florida, a lawyer or law firm is not permitted to obtain a financial interest in the client's case. To insure this does not happen, Florida Bar rules governing the conduct of lawyers allows a law firm to advance the costs of a case or litigation, but the client must remain responsibile to the law firm to reimburse the costs of the matter. In personal injury cases, our firm advances all costs associated with handling the case and is then we are reimbursed when a recovery is made on behalf of the client. Depending on the type of case involved, the costs can run into the thousands of dollars if complex litigation is involved. In cases that are settled before a lawsuit is filed, the costs are much less. Our firm is ready, willing and able to advance the costs necessary to properly prepare your case, no matter how complex, and protect your legal rights.
In some cases, we can recover these expended costs from the insurance company.
Automobile Accidents
Q: Must I report an accident
A: Absolutely. You should call the local police or highway patrol. At
your first opportunity, report the accident to your insurance company. Within ten days, you and the other driver must report the accident to the Department of Motor Vehicles if : (a) the damage to either car is more than $500 or (b) anyone is injured. You should get a copy of the accident report from the police or insurance company.
Q: What are my first steps if I am in an auto accident?
A: 1. Do not leave the scene until police or medical aid arrives.
If you have hit a parked car, leave a note and an explanation along with your address and phone number.
2. If there is an injury, seek medical help immediately. If you
know first aid and are able to help do so. If circumstance
allow, you may drive an injured party to medical aid.
If the party is in danger by remaining where they are,
but they are too injured to be moved a great deal, you should move them out of harms way.
3. Gather all the information you can such as: the name of the
other driver; address; vehicle registration; name of the
owner or owners of the vehicle if not the driver; drivers
license number with expiration date; birth-date; phone
numbers (office and home) ; insurance company; names,
addresses etc. of passengers.
4. If you are aware of witnesses get their identification
information. If they drive off before you speak with
them, try to get their license plate number.
5. If you are given a traffic ticket, is okay to sign it as this is
not an admission of guilt. But be sure to contact your attorney before you pay any fine or appear in court.
6. Take note of the date, time, location, road conditions and
weather conditions.
7. Draw a diagram of the accident scene.
8. Take photos of damage to both cars and any damage caused to other personal property.
9. Write down the facts as you remember them.
10. Describe, in writing, any injuries you may have sustained
Q: Why do I have to 'file suit' ?
A: . Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all efforts have been made to resolve the case in presuit. Over the last 7 to 8 years the insurance industry has gotten extremely aggressive in defending these cases and we find ourselves in litigation more and more.
When a case is actually filed that does not mean that you will one day be walking up the courthouse steps with one of our lawyers. However, it does mean that is a possibility and although most cases resolve before trials, there is a possibility that once your case is filed it can go to trial. However, based on our experience we are able to keep the client educated as to their options during this entire process and although our firm tries more cases than any other firm, we still resolve a large percent of our client's case pursuant to their wishes for a variety of reasons.
Q: When should I call an attorney?
A: Before admitting guilt or any direct responsibility for the
accident and any resulting injuries, including your own, you
should seek your attorneys advice.
Q: How do I get compensated for injuries?
A: If the other driver was at fault, you may be entitled to compensation for your injuries as well as any pain and suffering. This can include a wide variety of expenses related to the accident injuries such as lost wages etc. While you may ultimately decide not to sue for damages, it is wise to get input from an attorney to protect your rights
Q: Why does my insurance company have to get involved it the accident was not my fault?
A: Even when our client is in an accident that is based on the negligence on another person we still are able to make a claim for personal injury protection benefits, more commonly known as PIP. This is the classic "no fault" insurance that legislature designated would pay 80% of a person's medical bills and 60% of a person's lost wages, up to $10,000, whether they are at fault or not. This would also apply to any sums of money when a client's PIP is exhausted or they have health insurance.
This situation can also occur when a negligent person causes an accident, and they are uninsured or underinsured and then you can make a claim provided you have paid a premium for that coverage with your insurance company. The short answer is that the client pays premium dollars for coverage in those issues and that is what it is there for when you need it
Q: How long does this type of case take?
A: The answer to this questions also depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding on what their future medical condition will be. Every plaintiff's lawyer's fear is to allow the client to sign a release and then find out a short period of time after letting them execute the release, that they need future surgery or have massive medical bills still facing them. With that being said, typically the average auto premises liability/auto case or any other type of general negligence case, typically is resolved within anywhere from 4 to 8 months after being signed up by the firm. Naturally, that time range is subject to fluctuation depending on the facts of the case.
Q: What is a "Letter of Protection"?
A: In many instances people do not have insurance coverage or their PIP benefits are exhausted. When that is the situation some medical facilities and physicians are willing to take a "letter of protection." This is a document that gives the patient the ability to keep treating without paying for the medical bills immediately or at the time of treatment. These letters of protection typically, if accepted by the facility or physician, allow the patient to keep treating and once a recovery is made the doctor or health care facility is reimbursed. However, it is always made clear to the client that even with a letter of protection in their medical file they are ultimately responsible for the medical bills in the event the case does not resolve as expected
Q: If I have "Full Coverage", why am I not completely covered by insurance?
A: This statement is probably the most painful one that lawyers in our firm have to answer on a day to day basis. Typically, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. Full coverage can mean a variety of things but, in regards to an automobile negligence case that would entail for purposes of recovering for injuries, PIP or no-fault, medical payment benefits and un/underinsured motorist coverage. The PIP coverage applies whether or not the consumer is at fault or not, the medpay benefits can make up what the PIP does not cover, i.e. 20% of the medicals, 40% of the lost wages, and beyond if extended coverage is there, and the uninsured or underinsured motorist coverage is probably the most important. Underinsured or uninsured motorist coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Typically, we are asked this "full coverage" question in instance where a client of ours has been injured by someone who has no insurance and according their sales agent, our client thought they had "full coverage." It is unfortunate and is something we deal with on a day to day basis
Q: What is MMI?
A: When treating with a doctor eventually we request a final narrative at the conclusion of your treatment. When I speak of conclusion of treatment, that means that when the treating physician has decided you are at MMI. This is an acronym for maximum medical improvement and simply means you are as good as you are going to get. That is not to say you are as good as you were before the accident, but your condition is stabilized and you have a loss. It is at that point that some doctors assign, and insurance companies request, a permanent impairment rating. This is generally done pursuant to AMA guidelines. Although it is technically not called for as a basis at trial in an automobile case, many automobile issuance companies like to have the impairment rating so they can evaluate the case.
Q: Why am I responsible for PIP deductible?
A: Legislature has deemed that in the no-fault or PIP statute that up to a $2,000 deductible is allowed by the insurance companies for sale to consumers. Although this is the largest deductible allowed, it is not mandatory. In other words, when consumers go to insurance companies to buy insurance they can elect to not have a deductible or have a deductible much smaller than a $2,000 deductible. Again, this is something that we hear extensively and it is hard for consumers to understand that in the event of an accident that is no fault of their own, the person who caused the accident has benefit of our client's insurance premium
Q: Can I control whether my car is repaired or replaced?
A: This can be a difficult issue. For most people, getting back into their own vehicle, so long as it is safe, it a priority. Normally, the insurance company has the option to either repair or replace your vehicle, depending on whether it costs less to replace your vehicle than to repair it. If this is the case, the insurance company will declare your vehicle a "total loss," and take action to replace your vehicle. If your car is declared a "total loss," the insurance company buys your car for its actual cash value, also known as the market value (see below), which can be difficult to determine. If you wish to keep the wrecked car, you may purchase it back from the insurance company for its salvage value. The insurance adjuster can deduct the salvage value from the settlement and you can keep the car.
Often the situation is reversed, and the insurance company chooses to repair a vehicle rather than replace it. In this case, if you are concerned about the safety of the repaired vehicle, you should contact our office to discuss your options
Q: How is the market value of my car determined?
A: You are entitled to recover the "fair market value" or the "actual cash value" of your vehicle immediately before the accident. One common source used to estimate fair market value is the Kelley Blue Book. Other sources of information for market value are the local newspaper or the Auto Trader, which may list the for-sale price of cars of the same make, model, and year as yours. Occasionally, an expert vehicle appraiser is used to help prove the value of your vehicle.
Q: What if I am “upside down” on the loan for my car?
A: If you owe more money on the loan for the car than the fair market value of the car, you are "upside down" on the loan. If your vehicle is a total loss, the insurance company is required to pay the “ full market value” or your automobile. It is our objective to make certain that they live up to their requirement in full
Q: Can I choose my own repair shop?
A: Yes. You always have the right to decide who will repair your vehicle, however the cost of the repair is not always determined by the estimate given by the repair facility of your choosing.
Q: What kind of parts will be used in the repair?
A: You have the right to demand that only original manufacturer parts be used in the repair, so if your car is a Pontiac, you should receive genuine Pontiac (GM) parts. Since your car was probably not new at the time of the accident, however, the mechanic may use refurbished or reconditioned parts.
Q: What if my car already had some damage before the accident?
A: If your vehicle had damage to it prior to the accident, it can be difficult to determine exactly what portion of the damage was caused by the accident itself. For example, if your car has a mechanical problem, the insurance company may claim that it existed prior to the accident if some evidence indicates that there was substantial wear and tear. Therefore, it is important that you prove the connection between the auto accident and the damage you are claiming. Ordinarily, mechanics and collision repair personnel can help to prove the age of body damage or the cause of a mechanical failure. They can assist to convince the insurance company that the auto accident caused the damage you are claiming.
Q: Will I have to pay the towing and storage costs?
A: In most cases, unless there is a dispute as to who was at fault in the accident, the insurance company for the driver who caused the accident will pay the reasonable towing and storage costs (if necessary) of your car. After evaluating the vehicle, if the insurance company declares the car a total loss, they will have the car moved to a wrecking yard or a free storage area. If you refuse to allow the insurance company to move your car, however, you will have to pay the storage costs from the day of your refusal forward, or you can pay to have it towed to your home.
Q: What about license and registration fees that I had to pay to drive the car?
A: In order to drive your vehicle, you had to pay a tag fee and registration fees. You are entitled to be reimbursed for the prorated amount of these costs that are unused. The insurance company should also reimburse you for tag transfer fees and, in some cases, a prorated amount of sales tax on the actual cash value of the car at the time of the accident.
Q: What if I need a rental car? Do I have to pay for it while my car is being repaired?
A: If you caused the accident, or if there is a dispute over who is to blame, then you must either pay for the rental car yourself or seek coverage under your own insurance policy if rental coverage is available. Many insurance contracts do not provide for rental coverage for their own customers, so you need to contact your insurance agent to determine what coverage exists. If the other driver is at fault, then we will demand that the insurance company for the person who caused the accident provide you with a rental car for the time needed to repair your vehicle. Sometimes, you must pay the rental car bill first, with reimbursement coming from the insurance company later.
Q: What kind of rental car am I entitled to?
A: The insurance company has to pay for the reasonably incurred rental cost of a substitute vehicle. Often, there are disputes as to what qualifies as a “substitute” vehicle. Essentially, it should be a vehicle of similar quality, within the confines of what is available for rent.
Q: Should I purchase any extra insurance on the rental car provided to me?
A: Your own insurance policy should cover you while driving the rental car, but you should call your insurance agent to be sure that you are covered. The other driver’s insurance company is not required to pay for additional insurance if you choose to purchase it from the car rental company.
Q: How Can I Protect My Interests if I Have an Accident Due to Someone Else?
A: Make certain that you act promptly to gather and preserve any evidence to help investigators. See a physician quickly to evaluate any injuries. Call Goldstein, Buckley, Cechman, Rice & Purtz for a free consultation regarding your case
Workers Compensation
Q: Do I have to pay any of the medical costs in a workers' compensation claim ?
A: Your employer or its workers' compensation insurance company must pay for all approved and medically necessary care.
If you are injured on or after January 1, 1994, you are required to pay a $10.00 copay per visit for medical treatment after you reach maximum medical improvement (MMI).
Q: Can my employer fire me if I am out and receiving workers' compensation benefits?
A: You should not be fired in retaliation for filling or attempting to file a workers' compensation claim. However, the workers' compensation law does not require your employer to hold your position for you until you can return to work.
Q: When will I get my first check for workers' compensation?
A: The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you report your injury immediately to your employer and the First Report of Accident or Aillness is completed and sent to the workers' compensation insurance carrier shortly after that. The carrier is required to send a check within fourteen days after learning you will be disabled for more than seven days (the carrier will gather information from you, your employer and your doctor).
Can't
find the answer to your question?
Enter it here and someone will get back to you.
|
