FAQ's

Get answers to some of your questions here.

I fell in a store, what should I do?

The first thing to do is find management and report the claim. Using your cell phone, take pictures of the condition the floor was in, or take pictures of whatever caused your fall. Then seek immediate medical treatment.

 

What do you do when you slip and fall?

Immediately contact the owner, manager, or anyone else in charge of the facility so the claim can be reported. Then seek immediate medical care.

 

What do I do if I slip and fall at work?

A report of injuries sustained while at work will be handled as a worker’s comp case. There may be procedures or requirements unique to your employer. Make sure the incident is reported and a claim form is filled out.

 

How do you calculate pain and suffering damages?

There is no one formula to calculate damages; the amount is based upon the degree of injury. A lawyer can negotiate and try to maximize the amount.

 

How much time do you have to report an injury at work?

There are no set time limits or deadlines that apply across the board; there will be different governing rules and policies depending on the place of employment. A good rule of thumb is not to wait more than 24 hours.

 

How much do you get for whiplash?

Whiplash is considered a soft-tissue injury of the neck or back. It is one of the least recoverable injuries in an automobile accident but it is compensable.  Many factors determine the amount to be recovered; these include the degree of treatment, the level of complaint, and more. A lawyer can help you determine this amount.

 

What if the other driver does not have insurance?

If a driver at fault does not have insurance then they likely are not solvent and a lawsuit against them may not be particularly fruitful. This is why it is very important to carry uninsured motorist coverage so you can have your medical bills paid through Personal Injury Protection (PIP) and you may recover damages to the same degree that you would from the other driver if they did have insurance.


Can you sue a driver with no insurance?

Yes, you can sue a driver with no insurance, but it typically is not worth the expenses and time and all that can be gained is a judgment which may or may not be recoverable and have any assets attached. However if the driver is solvent then there are ways to leverage against property and more steps that can be taken.

 

Is Florida a no fault car insurance state?

Yes. “No fault” means that if you are injured, regardless of who is at fault, you will have your initial medical bills paid from your insurance policy. If both drivers are injured they will have medical bills paid by their respective insurance policies. This is only true for injuries; status of fault does matter for other issues, such as property damages.

 

What is no fault auto insurance?

“No fault” auto insurance means that if you are injured, regardless of who is at fault, you will have your initial medical bills paid from your insurance policy. If both drivers are injured they will have medical bills paid by their respective insurance policies. This is only true for injuries; status of fault does matter for other issues, such as property damages.

 

What is a personal injury claim?

A personal injury claim is any action, not necessarily a lawsuit, against an individual, company, or municipality for injuries you received as a result of third party negligence.

 

What is personal injury law?

There are many statutes that govern procedure when a personal injury claim is made. Most personal injury procedure is governed by statute, not contract.

 

What is considered to be a personal injury?

A personal injury is any injury to your body, from a scratch to a broken bone to a brain injury, as a result of the negligence of a third party.

 

How long do you have to sue for a fall?

The state of Florida statute of limitations on a fall is 4 years.

 

What are the types of personal injury claims?

Some of the typical categories of personal injury claims are: motor vehicle accidents, slip-and-fall, intentional tortes, and worker’s compensation (for injuries at work).

 

My doctor misdiagnosed me.

If permanent damages were sustained as a result of a misdiagnosis or failure to diagnose, this could be grounds for a medical malpractice claim. The state of Florida statute of limitations for medical malpractice is 2 years. The hospital as well as the physician or medical provider(s) involved can be sued.

 

Can you sue a hospital for a misdiagnosis?

Yes. If permanent damages were sustained as a result of misdiagnosis or failure to diagnose, the hospital as well as the physician or medical provider(s) can be sued.

 

Can you sue the hospital for negligence?

Yes. If permanent damages were sustained as a result of negligence, misdiagnosis, or failure to diagnose, the hospital as well as the physician or medical provider(s) can be sued.

 

How many years do you have to sue for medical malpractice?

In the state of Florida the statute of limitations for medical malpractice claims is 2 years.

 

How long do you have to sue someone for a car accident?

 The state of Florida statute of limitations for a car accident is 4 years from the date of the accident. Past this deadline, no claims can be filed for those injuries.

 

How do I sue someone for a car accident?

You can look to online resources for the legal procedures necessary and learn how to file a lawsuit. You should utilize the services of an attorney for best results and guidance. The local clerk’s office can be a helpful source if filing a claim pro-se (on behalf of yourself).

 

How does a car accident settlement work?

If a settlement is reached with the individual and/or insurance company, you will be given a check and a release, releasing any future right to sue for that accident and those injuries. At this point you will have received any compensation as well.

 

What is my car accident settlement worth?

The settlement is based on many factors, primarily the degree of injury and the percentage of negligence that you may have contributed, as well as the outstanding medical bills. There may be a small coverage you can accept without pursuing the individual.

 

What is pain and suffering?

 Pain and suffering is the intangible loss suffered. Whereas medical bills, lost wages, damage to vehicle, outstanding expenses are all tangible losses, pain and suffering is the intangible aftermath that the victim lives with after an incident takes place.

 

Can you sue for pain and suffering?

Yes. Pain and suffering is an intangible loss and can be the subject of a suit in addition to tangible losses such as medical bills, lost wages, damage to vehicle, and outstanding expenses.

 

How much should I get for pain and suffering from a car accident?

The amount depends on the coverage, the medical expenses, the degree and severity of injury, and many other factors.

 

What is soft tissue injury in a car accident?

A soft t issue injury is an injury such as whiplash which does not affect any vertebrae or bone, but rather the muscle and other soft tissues. It is a compensable injury.

 

How long do you have to file a personal injury lawsuit?

In Florida the statute of limitations for personal injury is 4 years from the date of the incident, after which no claims can be filed.

 

How do I file a personal injury lawsuit?

It is highly recommended to consult and hire an attorney for guidance and best results. If you wish to file pro-se (on behalf of yourself), there are procedures and resources available online, or you can consult your local clerk’s office.

 

How do you calculate pain and suffering?

There is no one formula to calculate damages; the amount is based upon the degree of injury. A lawyer can negotiate and try to maximize the amount.

 

How are personal injury settlements paid out?

Medical bills may be paid as bills are incurred; if a lump sum for pain and suffering is recovered, it is recovered as a single check.

 

Can you sue after a car accident?

 Yes. In Florida you have 4 years from the date of the car accident to file for lawsuit against the other party. Procedures differ depending on the degree of fault of both drivers and whether the other driver is insured.

 

How much should I settle for a back injury?

If medical bills and outstanding expenses have been paid in full then you should seek the maximum settlement amount that makes you feel compensated.

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722 E. Fletcher Ave

Tampa, FL  33612

 

Phone: 813-975-4444

Toll Free: 800-711-5452

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