How much is my case worth?
Cases have value based on five areas assuming the liability, i.e. who was at fault and that
this issue is clear. Plaintiff's in personal injury cases are entitled to five areas of
damages. Those areas are as follows:
- Past Medical Bills
- ture Medical Bills
- Past Lost Wage
- Loss of Earning Capacity in the Future
- Pain and suffering
There is no way to determine exactly how much a case is worth and it depends on the
evidence in the case. This would include any inconsistencies in testimony, medical
records and other issues which would allow the insurance company's lawyer to take
away credibility from the injured party's case. Even with that information, it is difficult
for the attorney to come up with an exact figure but, typically, a range of value based on
our experience in handling these types of cases can be determined.
How long will it take to settle my case?
This answer depends on the difficulty of the case and on the facts of the case. Typically
the average auto premises liability/auto case or any other type of general negligence case
is resolved anywhere from 4 to 8 months after signing the contract with the firm. Our
main concern is making sure the client is healed and has a good understanding of what
their future medical condition will be before any settlement offer is attained.
How long will it take to settle my case?
This answer depends on the difficulty of the case and on the facts of the case.
Typically the average auto premises liability/auto case or any other type of general
negligence case is resolved anywhere from 4 to 8 months after signing the contract
with the firm. At Rosenthal & Weissman, our main concern is making sure the
client is healed and has a good understanding of what their future medical condition
will be before any settlement offer is attained.
How long does an insurance company have to settle an auto claim?
There is no specific time limit that the insurance company must come to a settlement
agreement. However, once the person and the company have agreed in writing on a
settlement amount, the insurance company must pay within 20 days or pay interest as
provided by Florida Statute 627.4265.
What is MMI and a permanent impairment rating?
This is a term that means maximum medical improvement and simply put says you
are as good as you are going to get medically. It is at this point that some doctors
assign, and insurance companies request a permanent impairment rating. This is
done pursuant to AMA guidelines. Many automobile insurance companies like to
have the impairment rating so they can evaluate the case.
Why do we have to use my insurance company if I did nothing wrong?
Even if you are 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 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.
Why am I responsible for my PIP deductible?
The "no fault" or PIP statute states that up to a $2,000 deductible is allowed by the
insurance companies for sale to consumers. This is the largest deductible allowed.
When consumers go to the insurance companies to buy insurance they can elect to
not have a deductible or have a deductible smaller than the $2,000. In the event of
an accident that is no fault of your own, the person who caused the accident has the
benefit of our client's insurance premium.
What is the minimum amount of insurance required to be carried in order to
comply with Florida's auto insurance laws?
Any person who has a car in Florida for more than 90 days during the preceding 365
days, resides in Florida, is employed in Florida, or has children enrolled in school in
Florida, must purchase Personal Injury Protection coverage ($10,000) and Property
Damage Liability Coverage ($10,000). In addition, if the insured is involved in an
accident , the Financial Responsibility Law, requires Bodily Injury Liability
coverage ($10,000 one person, $20,000 one accident or $30,000 combined).
Is it true that if I rear end a car that I am at fault?
Almost always the answer is yes. The law says that you have to be able to stop
safely if a car stops in front of you.
The other driver's insurance company offered me money. Should I take it?
No. Tell the insurance company that you will get back to them. In the meantime,
contact an attorney immediately. Insurance companies will offer a minimal amount
of money in return for your signature stating that you won't sue. Never take
insurance money without consulting an attorney first.
What is wrongful death?
Laws that give family members a cause of action against someone whose negligence
resulted in the victim's death.
I can't afford an attorney, what should I do?
Cases like these normally don't pay the attorney any money until a settlement is
reached and you win your case. Fees are usually 33 1/3% of the settlement.
Why do I have to pay costs in the case?
Our firm uses the Florida Bar approved contingency fee contract. That contract
allows for 33 1/3 % recovery prior to the filing of the lawsuit as well as payment of
costs by the client. We are able to keep costs down in presuit and the early litigation
stage. As the case moves to trial costs can vary. Costs are just a fact of life in
litigation. Ultimately they are paid by the client in the event of recovery.
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