Should I call the police if I have been involved in a car accident?
Yes. For your protection, you should always call the police after any auto accident that involves an injury or even relatively minor damage. A police report can be an essential aspect of your auto accident claim.
I was in a car accident, and the other driver’s insurance company wants to talk to me. What should I do?
It is important not to discuss the accident or circumstances leading to the accident with the insurance company, as the insurance adjuster may ask you questions which will lead you into incriminating yourself, even if you did not cause the accident. The insurance company may record these phone conversations and attempt to use them against you so you are unable to collect compensation for your injuries.
If I was a passenger, can I make a claim against the driver of the vehicle I was in? What about the other driver?
Yes and yes. Even if you are a passenger in the car that caused the accident, you can still file a personal injury claim against the driver of the car in which you were riding. If the accident was the other driver’s fault, you can file a claim against that driver.
What if I can’t afford medical treatment?
It is not uncommon for car accident victims to have difficulties coping with expenses related to emergency care and long-term treatment. Even people with medical insurance policies can have a hard time digesting large medical bills in the thousands of dollars. While a recovery can help you pay these bills, it is not immediate. This is a fact that many physicians and healthcare providers understand. Oftentimes, a physician will treat you on the promise of payment from the recovery. We can help you find medical assistance that is willing to work with your situation until your case is resolved.
Do I have to file a claim within a certain time period after my injury or accident?
In Florida, there is a statute of limitations regarding filing personal injury claims. For most injury claims, this time limit is 4 years from the date of the injury; therefore it is important to follow up with doctor’s appointments and medical exams if you have been injured so you know the full extent of your injuries and can, with the help of an attorney, bring a fair claim against the responsible party within the allotted time period. After 4 years, you may be unable to file a claim at all.
How much of a settlement can I expect to receive?
All injury cases are different. There are many factors that are involved in determining the value of a case. These would include: the severity of your injuries; the length of time of your total and/or partial disability; the amount of your medical bills and whether or not there is permanency of injuries. If you are partially liable for the accident/injury, your case will be worth substantially less depending on the percentage of your liability or fault in the accident. A personal injury lawyer can thoroughly investigate your accident and injuries to determine what a fair case value may be and then pursue that amount through a claim or a lawsuit.
The insurance company offered me a settlement that I think is fair. Should I accept it?
Although the amount offered may seem like enough to pay for your injuries, it is still important to consult an attorney regarding your accident and claim. For instance, what if you accepted the settlement but had a further complication arise from your injury? Would you be able to collect again on an already settled claim? What if it is too soon to know the full extent of your injuries? The insurance company is likely acting in a manner which is meant to save the company money and offer you the lowest settlement possible. By having an attorney review your case, you can find out if the settlement is actually fair and make an informed decision. It is our goal to provide you with excellent legal representation that will help you collect the compensation you need for the injuries you have suffered.
What is negligent security?
Negligent security is a type of premises liability claim in which a person injured or killed by an attacker while on another person's property seeks a financial recovery from the property owner. Apartment complexes, universities and colleges, nightclubs, hotels, stores, etc. may be found liable for negligent security.
Does the property owner have a duty to secure the property?
Most states recognize that the owner of the property owes a duty to its tenants, customers, or visitors to take reasonable steps to protect against criminal attacks.
What types of measures are considered "reasonable" to deter an attack?
In many states, the court will use a balancing test to determine what is a reasonable according to the facts of the specific case. The court will weigh the likelihood of an attack and the potential for harm against the burden imposed on the property owner to provide the protection. Reasonable protection may include something as minor as a security camera or fence or something as expensive as hiring a security contractor and providing on-site security guards.
What should I do if I slip and fall in a store or other establishment?
When involved in a slip, trip, or fall accident you should try to take as many of the following steps as possible to assist in the success of your case:
If injured, call 911 and seek prompt medical attention;
Avoid making any statements, including statements concerning fault;
Request an incident report and copy of the report;
Take pictures and/or video of the scene, injuries, and clothing and shoes you were wearing;
Write or record names of any witnesses and their contact information;
Avoid giving recorded statement to anyone, including insurance adjusters;
If injured, seek an attorney to protect your rights.
How much do you charge for your services?
There is no upfront cost to you. The important thing to keep in mind is that we work on a contingency basis, so you will only pay legal fees if you win your case.
Still have questions? Get them answered by someone from your community. Call Kay Harper Williams PLLC (904) 997-9955.