Frequently Asked Questions
None of the attorneys from the 1800-Injured network require an out-of-pocket fee. In a contingency fee contract, you and your lawyer are in agreement, meaning that the lawyer will not get paid any fees unless you win your case. As compensation for your attorney’s services, you usually agree to pay your attorney from the proceeds of recovery: The following fee structure is usually applicable:
- 25% With regard to any recovery governed by the terms of limitations of Florida Statute Section 768.28, this shall be the fee for services without suit in the event a suit is filed or demand for arbitration is made or if an appeal is taken from the lower court by either side or if garnishment for any proceeding after judgment has to be brought to collect the judgment or any portion thereof. This is the attorney’s fee only for any proceeds obtained pursuant to Florida Statute Section 768.28.
As to all other proceeds obtained from any other Defendant, the following shall apply:
- 33.3% of any recovery up to $1,000,000.00 through the time of filing of an answer or the demand for appointment of arbitration; or
- 40% of recovery up to $1,000,000.00 through the trial of the case; and
- 30% of recovery between $1,000,000.00 and $2,000,000.00; and
- 20% of recovery in the excess of $2,000,000.00.
In the event that the defendant admits liability at the time of filing an answer and requests trial only on the damages, the following fees schedule shall apply:
- 33.3% of any recovery up to $1,000,000.00 from that Defendant through trial; and
- 20% of any recovery from that Defendant between $1,000,000.00 and $2,000,000.00 and
- 15% of any recovery from that Defendant in excess of $2,000,000.00
In the event that an appeal is taken from the lower court by either said an additional 5% of any recovery is to be added to the above-stated percentages.
Some agreements may require you to pay for costs and expenses in addition to certain fees. These have to be paid, even if you lose your case and your attorney decides not to collect a fee. When your case settles, your attorney provides you with an itemized bill, which shows all costs and expenses, in addition to any fees if the case is won. Any attorney who has represented you must sign this statement. Your attorney will answer any questions you have about any expenses and fees.
Any reduction in your vehicle’s value becomes part of the claim.
As soon as you call us, we connect you with a personal injury attorney who can send out a representative to meet you. The representative will discuss all the details of the accident and post-accident process and answer any questions you may have. This can take anywhere from 20 minutes to an hour. Once You are finished, the representative will have you sign a retainer if you want to open a case, and they will take the paperwork back to the office. Within a few hours, you have an attorney and your case has already started.
Our network of attorneys have over 35 years of experience and know the best approach to get you every benefit that you’re entitled to. With a team of legal and medical experts behind your back, they can guide you through the process and inform you of everything you may need to do in order to maximize your claim so you’ll have the best possible chance of making a full and fair recovery.
A personal injury case can take anywhere from a few months to over 14 months, depending on the severity of the accident and injuries, as well as the type of accident. The length of the post-accident process greatly varies depending on the insurance companies, the accident impact, the treatment process, and the number of parties involved. As long as you don’t skip visits and follow the attorney’s and doctors’ advice, your case should move along without extra complications.
In Florida, you won’t be able to go back to your insurance company to get compensation for costs that pile up after the settlement has been decided. Since many insurance companies will try to force you to sign a car accident settlement as soon as possible, it’s better to contact us immediately after the accident to avoid losing your benefits. Attorneys and medical experts in our network take care of everything, so you can focus on recovery and your life responsibilities.
Our network of attorneys work hard to get you the compensation you deserve, including lost wages for the time you are incapable of working due to injuries or post-accident conflicts. When you are unable to work, the lost wages from time away from work are added up to your claim settlement.
Gap insurance covers the gap between what is owed on your vehicle loan and its current market value. In case of an accident, your insurance company will only pay your vehicle’s market value if they decide that your vehicle is totaled. For example, if your car’s current market value is $20,000, but you owe your lender $24,000, the $4,000 difference between your loan balance is the “gap” that is covered by the additional rider. Keep in mind that to use gap coverage, your claim must be covered under comprehensive or collision, and your vehicle must be considered a total loss.
Gap insurance claims do not cover car payments in case of financial hardship, job loss, disability, or death, nor does it cover vehicle repairs, diminished vehicle value, any necessary down payment for a new vehicle, or any loans.
Your attorney’s job is to handle the insurance companies, so you don’t have to make any calls. Avoid speaking with them, as it can sometime jeopardize your case.
The only calls you will be on are to answer any questions for your attorney’s team to better understand your case. You won’t have to deal with insurance companies without your attorney. They’ll let you know what you have to do. You don’t have to worry, just follow your doctor’s recommendations.
We won’t force you to do anything you don’t want to. It’s up to you. We’re just here to make things easier for you.
Aside from lost wages, you may also miss out and claim for factors such as:
- Fringe benefits
- Any commission
- Any bonuses
- Pension benefits
If by the time you can return to work, your position is gone, you can also have a claim for:
- The difference in pay between the two jobs if the new job pays less
- The length of time you have to work at the lower-paying job
- The amount of time you were searching for a new job and how much cost-of-life was during that period of time
Lost wages refer to money you can’t earn because of a personal injury after an accident. If you are incapable of working for 3 weeks because of an injury, you are entitled to compensation for the amount of time you would’ve normally spent at work. Let’s say you are working 40 hours a week and have a $1,000 weekly salary and you don’t work overtime. If you are recovering for a total of 3 weeks, your insurance will pay you $3,000, and usually won’t argue against you.
There are two types of insurance claims: 1st party and 3rd party.
This is a claim you file against your own policy or carrier. This is usually done in the case of a hit-and-run, if your car is damaged by weather, or if you hit an object or animal, for example. Most full coverage policies include loss of use recovery in the form of a rental car. Most insurance companies will reimburse you $30 per day for 30 days. Progressive, for example, will reimburse up to $40 per day with a maximum of 30 days, which is a total of $1,200 per claim.
These are claims filed against the at-fault party, such as if you are victim of an injury due to someone else’s negligence. Third party claims follow tort law, so the amount of recovery is approximately equal to the loss amount. There are different types of losses, including property damage, collision repair, bodily injury, diminished value, loss of use, lost wages, and more. Most carriers offer a rental car to compensate for any loss of use.
Loss of use happens when you can no longer use your vehicle as a result of an accident.
Most personal injury attorneys aren’t going to go the full distance with you. The worst part is that they won’t pay attention to the details which can actually help you get your life back on track and recover all the compensation you are entitled to, such as lost wages, lost compensation, diminished value, loss of use, or gap insurance claims.
Attorneys in our network are committed to getting their clients through the life-hindering process with as little stress as possible. They handle everything from start to finish:
- Send a representative out to visit you at home or work
- Help you attain a rental car
- Personal injury claims
- Property damage claims
- Lost wages
- Diminished value claims
Plus, conveniently located medical centers in our network offer everything you need:
- Free transportation
- Open late on Saturdays
- Easy to reach
- Physical therapists
- Interventional pain management
- Located all over the state of Florida
Florida’s PIP law requires that you report any injury after an accident before 14 days pass, effective since January 1st, 2013. Seeking treatment after the 14 days means that you will not be reimbursed for any medical treatment by your insurance company, so it’s important to call (305) 440-1177 as soon as possible, so you don’t lose any of your benefits.
PIP is an extremely important coverage which covers the following in case of an accident-related injury:
- Medical expenses: hospital bills, dental and optometric treatment, ambulance bills, treatment and medication.
- Lost wages: time away from work due to any injuries Substitute services: in some cases, if you are incapable of doing your daily duties, such as caring for your children or cleaning, PIP can help pay for nursing care or cleaning help.
- Funeral expenses: if an accident results in death, PIP can help pay for any funeral expenses.
PIP insurance pays for 80% of your medical bills and 60% of your lost wages, for a total of up to $10,000. The rest of the expenses are out-of-pocket, unless recovered by the third-party (at-fault driver). But be cautious – PIP benefits are only available if you seek help within 14 days of the date of accident. Waiting past the deadline strips away those benefits.
Personal injury protection (PIP) coverage is a component of auto insurance that covers medical expenses, regardless of who is at fault, and often includes lost wages. Florida’s auto insurance laws requires policyholders to carry PIP in their policy in order to provide drivers with up to $10,000 in immediate medical coverage to avoid establishing fault through the court system.
Your employer should report the injury as soon as it is reported to them, but not wait past 7 days after being noticed. The insurance company then has 3 days to send you an informational brochure after receiving the report from your employer. This brochure explains your rights and responsibilities, and gives you information about worker’s compensation laws.
Work-related injuries must be notified to an employer in writing within 30 days after the date of the accident. Otherwise, your claim can be diminished or denied altogether. In extreme cases such as occupational disease, the employer must be notified within two years after disablement, or within two years after the employee found out a disease was developed by work-related circumstances.
Fault is one of the trickiest parts of the process, but that is usually determined by insurance agents based on evidence collected at the scene.
Insurance companies must determine the degree of fault to be assigned to each driver in order to decide how the property damage coverages apply to the accident, to properly adjust the premiums of the 25 % at-fault driver.
The Insurance Act and the Fault Determination Rules made under the Insurance Act are used to determine the faults in an accident.
After an accident is reported to your insurance company by our attorneys, the insurance company will investigate the circumstances of the accident and then make a fault decision using the Fault Determination Rules and the report made on the scene.
These rules cover more than 40 accident situations, using diagrams to illustrate specific occurrences, can be applied to almost every possible road collision scenario; and are applied regardless of road or weather conditions, visibility, point of impact on the vehicles, or the actions of pedestrians. Fault is allocated to each driver based on which accident scenario most closely resembles the accident. If the accident is not described by any of the scenarios, then fault is allocated according to the ordinary rules of negligence law.
Pets matter too. As a matter of fact, 67% of Americans take their pets to their vet more often than they see the physician themselves! It is also estimated that 70%-93% of pet owners consider their pets to be members of their family. The owner of an injured pet is usually eligible for compensation for at least the cost of the veterinary services, against the person who is at fault for the injury. Some courts have decided that the pet owner is usually permitted to recover no more than the dog’s market value.
In extreme cases where a dog is killed, for example, the owner receives the market value of the dog prior to death, or the amount it would take to replace the dog, depending on the particular circumstances and the law of the jurisdiction where the incident happened. The market value might be higher than the replacement value because the dog might have won awards or otherwise been a great value to the owner. Even if the dog was relatively old and valueless from an economic standpoint, the replacement cost may be higher than the original cost, due to mental anguish and sentimental damages.
Depending on the circumstances and state law, a dog owner may be able to convince a court to order the person responsible to pay for:
- Costs of treatment if the dog is injured
- Market or replacement value of the dog
- Sentimental value of the dog
- Emotional distress
- Additional money damages to punish the person responsible
- Cost of treatment
When a dog is injured, the person responsible for the injury can be found legally liable for the veterinarian’s bills.
If you can no longer use your car, your attorney can help coordinate with the insurance company to help you get a rental car in order for you to go on with your life responsibilities.
If you can’t drive, your attorney can send out a representative to you, so you don’t have to go anywhere. If you need to go to your medical center; no worries. Our network of medical centers offer free transportation for patients.
Our network of attorneys never overlook the details that many regular attorneys do. Their purpose is to get every bit of what you need and deserve following an accident, whether you need a rental car, need lost wages covered, or need assistance anytime, we’re there to help. Many clients tend to have difficulty getting in touch with their attorneys and being up-to-date with the case process. Our promise is to never let you feel lost or confused as to what is happening with your claim. We also have a broad network of legal and medical experts ready to help you with whatever needs may come up at the last minute.
We are an attorney and medical referral service. We connect you to a personal injury attorney who works hard to recover the maximum compensation for you after a personal injury accident. Their team of legal experts do all the legwork so you can focus on recovery. Lawyers pay to participate in 1-800-Injured.