Personal Injury FAQ’s 

What kind of compensation can I recover in a personal injury lawsuit? Depending on the nature and severity of the accident, a personal injury plaintiff may be able to recover compensation for some or all of the following types of losses and expenses:

• Lost wages: the amount of money the plaintiff would have earned from the time he or she was injured to the date of trial
• Medical expenses: bills and expenses for doctors, hospital stays, emergency room treatment, ambulance fees, nursing services and other medical needs
• Future medical expenses: permitted if the plaintiff proves that he or she will need continued medical care as a result of the defendant’s wrongful act
• Lost profits: net profits the plaintiff would have earned in his or her business had the plaintiff not been injured by the defendant
• Future profits: allowed if the plaintiff can show a reasonable basis for calculating the amount of projected profits that will not be earned because of the injury
• Pain and suffering: a financial award for past and future physical pain as a result of the injury, including physical, mental and emotional pain, as well as the loss of enjoyment of life 

How long do I have to file a personal injury lawsuit in Florida? The timeframe within which an injured person must file a personal injury lawsuit depends on how the injury occurred and where the injury occurred. Each state has its own statute of limitations that specify how long a plaintiff has to file different kinds of personal injury lawsuits. In Florida, the statute of limitations for negligence is typically four years, though for medical malpractice cases it has been shortened to two years from the date of the injury or the date the person should have known of the injury. 

When should I contact a personal injury attorney after an injury? After a serious accident, your first priority should be getting full and proper medical care. You should also consult with an experienced personal injury lawyer as soon as possible to get detailed information about your legal options. During the days and weeks after an injury, there are steps you can take to protect your legal right to full and fair compensation. The earlier you seek advice from a knowledgeable local injury attorney, the more options you will generally have. 

How long can a personal injury lawsuit take? The length of a personal injury lawsuit depends on several factors, including the severity of the injuries, the number of parties involved and the nature of the event that caused the injuries. Cases may settle in weeks, or they may take several years.

Sometimes a personal injury lawsuit is not necessary because the responsible insurance companies pay out a proper amount of compensation — based on the insurance claim the injured person files. Other times, a personal injury lawsuit becomes necessary in order to protect the injured person’s right to a fair settlement.

The vast majority of personal injury lawsuits reach a settlement agreement before the trial date. A personal injury lawsuit can take anywhere from a couple months to more than a year to resolve.

What should I do if I am involved in a motor vehicle accident?

Here is a brief list of important things to know in the event you are involved in an accident:

1. Contact 911
2. Take multiple photographs of your car and the scene of the accident. If you are injured, take photographs of your injuries. If you do not have a camera, use your cell phone. If you cannot take pictures immediately, try to do so as soon as possible following the car accident.
3. If the paramedics or fire rescue comes to the scene and asks if you would like to go to the hospital, say yes. It is important for you to be seen by a doctor immediately to have your injuries diagnosed. Do not let concerns about hospital bills influence your decision. Your automobile insurance will pay 80% of your medicals through the personal injury protection (PIP) benefits, up to $10,000.00.
4. Take pictures of the other vehicles involved in the crash, their license plate numbers and the driver and occupants of the other vehicles if you can.
5. Contact your insurance company and inform them that you were involved in an automobile accident. Write down the claim number they give you.
6. Do not give a recorded statement, to your insurance company or the other driver’s, without having an attorney present. While insurance companies like you to think they are there to help you, this information can be used against you at a later time.
7. Be sure to follow up with your regular physician or a specialist if you were injured. It may take several days or even longer for you to realize that you are injured. If you feel any pain, contact your doctor immediately.

I really don’t understand my insurance coverage. What do I actually have?

• Personal injury protection (PIP): Personal injury protection, also called no-fault coverage, is auto insurance coverage that provides payment for the injured person’s own medical expenses and lost wages incurred as a result of an automobile accident. The typical policy pays for 80 percent of an injured person’s medical expenses and 60 percent of lost wages up to a maximum of 10,000. These PIP payments are made without regard to who caused the car accident. In addition, PIP coverage contains a death benefit in the event of a fatal car accident. Typically, PIP benefits are available for named insureds and their resident family members.
• Liability coverage: Liability coverage protects the insured person from legal liability if he or she negligently causes bodily injury or property damage in an automobile accident. Pursuant to the typical liability insurance coverage agreement, the insurance company agrees to provide coverage for, and defend its insured against, all claims for liability. The typical liability policy includes separately stated coverage amounts for both bodily injury liability and property damage liability. In the normal scenario, an insured will pay separately stated premiums for this coverage. Bodily injury coverage is not mandatory in Florida.
• Medical payments coverage: Unlike PIP, which is a type of Florida auto insurance coverage required by law, medical payments coverage (Med Pay coverage) is a voluntary coverage not required by Florida law. The basic purpose of medical payments coverage is to supplement PIP benefits to ensure that an insured’s medical expenses are paid in full up to the policy limits. In addition, medical payments coverage provides coverage for certain injury situations that are not included under a basic PIP policy.
• Uninsured motorist coverage: Uninsured motorist coverage, which is generally referred to as UM coverage, is arguably the most important voluntary coverage available in Florida. UM coverage provides benefits up to the policy amount for the bodily injury caused by the negligence of a motorist who is either (a) uninsured for liability, or (b) insured with liability insurance but with inadequate policy limits. In other words, it is insurance you carry to protect yourself in case you are injured by someone who is not properly insured. All insurance companies are required to offer uninsured motorist coverage as part of their automobile insurance policies. An insured person who purchases liability coverage must sign a written rejection of uninsured motorist coverage in order for such coverage not to be part of the insurance policy. Because of the increasing percentage of uninsured motorists on Florida’s highways, uninsured motorist coverage is commonly considered to be essential to those persons who are seeking to be “fully covered.”
• Physical damage coverage: By its terms, physical damage coverage provides benefits to the insured for physical damage to a vehicle owned by the insured. The benefits are typically payable regardless of fault. Physical damage coverage may be generally classified as either comprehensive or collision.
• Comprehensive coverage is commonly referred to as an “all-risks policy,” which covers for perils other than those resulting from an actual collision. Examples would be fire, theft, larceny, malicious mischief or vandalism.
• Under collision coverage, benefits are payable for losses sustained as a result of a collision or impact with another vehicle or object.
• Extended PIP: Extended PIP increases the benefits paid for medical expenses from 80 percent to 100 percent, and for lost wages from 60 percent to 80 percent.
• Additional coverage: Most insurance companies offer coverage that will reimburse an insured for towing expenses and rental car expenses in case of an accident which renders the insured’s vehicle inoperable.