FREQUENTLY ASKED QUESTIONS


MIAMI PERSONAL INJURY FAQS

After an accident, you should:

  • Immediately seek medical attention. Get treatment right away, and keep your follow-up appointments until your doctor releases you.  If you don’t know where to go or how you are going to pay for treatment, a personal injury attorney can help.
  • Speak carefully. Be polite, but do not tell other drivers or the police that the accident was your fault.
  • Talk to witnesses. Write down the names and phone numbers of any witnesses. Find out what they saw.
  • Notify your attorney of the accident as soon as possible. If you don’t have an attorney, find one who has experience with the sort of problem that you have and call the attorney as soon as possible after the accident.  Don’t talk to anyone from the insurance company, who will want to pay you less than your claim is worth in exchange for you giving up all future claims against them.
  • Keep all documents that relate to your case and give them to your attorney so they can make copies, including things like medical records and bills, insurance information, pay stubs, correspondence with your employer, pictures of your injuries and/or vehicle and/or area where the accident occurred and anything the police give you.

If we determine that the right strategy for your case is to put it into suit, we use all of our resources to bring cases to conclusion as quickly as possible, while also taking care that all cases are fully and properly prepared. While a small percentage of cases may resolve in a few months, it may take several years for a case to reach a conclusion. The time required varies based on the type of case (for example, personal injury cases are usually resolved in shorter periods than class actions or medical malpractice cases), the number of parties involved, the complexity of the investigation process, the number of depositions, and the schedules of expert witnesses and judges.

The vast majority of our cases are based on a contingent fee contract, which means attorney’s fees are based upon a percentage of the amount of recovery.

When you retain an attorney on a contingent fee basis, the attorney advances all of the expenses of litigation, and the client is responsible for such costs only if the case is successful. When the case reaches a successful conclusion, the costs we have expended are returned to us out of the recovery you receive.

In many cases, we attempt to obtain a pre-suit settlement through negotiations with the insurance adjuster or parties involved.  Often, we are able to obtain fair and reasonable settlements for our clients before filing a formal lawsuit.  In other instances, it is in our client’s best interest to file suit immediately.

In any event, when we are reviewing a case in order to decide to accept it, we do so with an eye towards going to trial.  In reality, most civil cases are not tried to verdict.  In fact, many are settled before litigation, even more are settled during litigation and still others are settlement at some point before a jury returns verdict.

You, the client, make all decisions concerning when and whether to settle or go trial. We, as your lawyers, will give you our opinion and a recommendation based on our experience and knowledge of your case, but the ultimate decision will be yours.

WARNING: Please do not post any facts about this accident on Myspace and/or Facebook. This may cost you thousands of dollars!

FIRST PARTY PROPERTY DAMAGE FAQS

Immediately contact representatives of all carriers insuring your home/commercial property. The manner by which your home/commercial property is damaged is important because different insurers insure different risks. Therefore, put all potential insurers on notice, and confirm in a letter to them. Also, take reasonable steps to protect your property from further damage, and, if possible, have a contractor inspect your property and prepare an estimate on the scope and cost of repairs.  Also, take photographs of all visible damages.

Do not delay in following up with the insurance company after filing a claim. Send a letter to your insurance company that you have not heard from them and then consult with an attorney or a public adjuster, or both.

No. Keep in mind that the insurance company’s job is to pay as little as possible for your claim. You should consult an attorney or a public adjuster, or both to fully evaluate your claim and to determine if the payment received from your insurance company fully compensates you for your property damage.