Injury Case Facts
Personal Injury Laws are complex and often confusing. The following questions and answers detail the most frequently asked questions that our clients ask us every day. To see the answers, please click on the appropriate question below.
FAQ 1: Do I have a claim?
If you have sustained personal injuries in a car accident; and can prove that the accident was caused by the driver of a motor vehicle (even if the identity of that vehicle is unknown, for example, hit and run) even if you were partly responsible for the incident yourself, you may be entitled to 'damages' or a "settlement" depending on the type of insurance coverage you and/or the other driver purchased.
FAQ 2: Are there time limits?
Yes, in most cases Florida has a four year statute of limitations to file a lawsuit against the at-fault driver; or be forever barred from filing a lawsuit. However, unless you begin treatment for any accident related injuries soon after the accident, the insurance company will argue that your injuries were not "caused" by this accident.
Additionally Florida's new PIP/No-Fault Law only allows for fourteen (14) days for the injured victim to seek care from a medical doctor who must then document that the injured victim has an "Emergency Medical Condition" requiring on-going care or therapy for the injury. Without the proper medical documentation the injured victim will be limited to only $2,500.00 of PIP/No-Fault Benefits; rather than the full $10,000.00 in benefits which they purchased.
FAQ 3: What are my rights to compensation?
If you have sustained permanent bodily injuries in a motor vehicle accident and can prove that the accident was caused by the driver of a motor vehicle (even if the identity of that vehicle is unknown, for example, hit and run) even if you were partly responsible for the incident yourself, you may be entitled to receive compensation or 'damages'; depending on the type of insurance coverage you and/or the other driver purchased.
FAQ 4: What do I need to prove?
If you can prove that the accident was caused by the negligence or fault of the other driver (or your driver if you were a passenger) even if you were partly responsible for the incident, you may be entitled to receive a settlement. The burden of proof is on you to prove all aspects of your claim for damages. The at-fault driver / insurance company does not have to prove anything; except for any affirmative defenses asserted in their legal pleadings. You have the burden of proving what your unpaid medical bills and lost wages total, as well as future medical expenses and lost wages, in addition to proving that you sustained a "permanent injury" in order to receive any compensation for pain and suffering.
FAQ 5: How is the compensation or settlement paid?
After you have concluded medical care for the injuries you sustained in the accident; and your physicians determined that you reached maximum medical improvement (MMI) which basically means that you have healed as much as you will from the injuries sustained in the accident; at that point your physician determines whether you sustained any type of permanent injury. Florida law requires that you sustained some type of permanent injury in order to obtain any settlement for non-economic damages (i.e. –pain and suffering). The next step is to proceed with presenting your case for settlement purposes to the appropriate insurance company. 95% of my firm's cases are settled with the insurance company at this stage prior to filing any lawsuit. If a settlement is reached you will receive a one- time lump sum payment; which will compensate you for past unpaid medical bills, past unreimbursed lost wages, reasonable future medical bills/lost wages and pain and suffering.
FAQ 6: How long will my claim take?
The amount of time until your personal injury claim is resolved is dependent on many factors, including but not limited to the type or severity of the injury, how long your medical providers take to determine whether you reached MMI and whether a permanent impairment rating is assigned, the cooperation of your health care providers in providing my firm with the necessary medical records/bills, the willingness of the insurance company to amicably resolve your claim; and a number of other relevant factors which only a professional with many years of experience in this field can determine.
Generally, a soft-tissue or sprain/strain injury, with no liability (fault) issues are resolved in six months – one year. More severe injuries, as well as injuries involving surgery or disputed fault or coverage issues may take longer. However, every case is different. Some cases take longer and some are resolved quicker.
FAQ 7: Will I have to go to court?
Over 95% of personal injury cases settle without going to Court.
FAQ 8: Is my claim likely to be settled?
Yes, however, each case is different. There are no guarantees; other than my promise that should I accept your case I will give your case my personal attention. I will use my extensive experience in this field to obtain you a fair and reasonable settlement, with the least amount of stress to you, as quickly as possible.
FAQ 9: Who pays the legal costs and attorney's fees?
This firm works on a contingency fee basis. This means that I am only paid (typically 33.33% of the gross recovery prior to the filing of any lawsuit) from any settlement. If no settlement/recovery is obtained for you, you do not owe us anything for attorney's fees.
The Law Office of David D. Pefka, P.A. will advance all costs to finance your case. The costs are only reimbursed to the law firm out of any settlement or judgment, if I successfully resolve your case. In the unlikely event that a successful resolution of your claim is not obtained you will not owe the law firm anything for attorney's fees and costs.
FAQ 10: What costs will I have to pay?
Typically most healthcare providers, hospitals, etc. charge per page for copies of your medical records. Law enforcement agencies charge for copies of accident reports. Investigators charge for their services. However, as noted above, this firm will advance all costs associated with your case. We are only reimbursed if there is a successfully resolution.
FAQ 11: Will I have to pay tax on the compensation I receive?
Settlements are tax free; as they are not earned income subject to taxation. However, you should check with your tax professional as to your specific circumstances.
FAQ 12: What will the insurer pay before the case is settled?
If liability has been admitted or the at-fault insurance company determines that the other driver was responsible for causing the accident, that insurance company should pay to repair or replace your vehicle in a total loss situation, as well as towing, storage and car rental, within a reasonable amount of time, generally within 2-4 weeks of the accident. However, every case is different, which is why my firm encourages all clients to purchase collision and car rental insurance, so they will have the peace of mind of knowing that this part of the claim will be resolved as quickly after the accident as possible.
Additionally, your No-Fault/PIP insurance should pay 80% of your reasonable and customary medical bills less any deductible, as well as 60% of any provable lost wages within thirty (30) days after the insurer receives the claim. Further this firm will assist you with submitting for payment to you, any mileage, home health assistance and prescription reimbursement expenses.
FAQ 13: Can I go back to work?
If you can return to work, you should, provided your doctor certifies you to be fit to return to work.
If you were working at the time of the incident or if you had the potential to earn income and your injuries prevented you from working or from realizing your potential; and we can document this claim, you are entitled to claim the loss of income. This portion of your claim will be presented to the insurance company for their consideration in reaching a fair settlement.
FAQ 14: What if I lose?
In the unlikely event that your case is lost we will not charge you any attorney's fees; nor will we seek reimbursement of any costs advanced by this law firm.
FAQ 15: What if I am held to be partially to blame for the accident?
If you were partly responsible for the incident the settlement will be reduced your percentage of fault (e.g. 50% your fault means a 50% reduction in the settlement).
FAQ 16: Will I have to see any doctors?
You will have to treat with your own medical providers until they release or discharge you from their care. Additionally, under the terms of your No-Fault/PIP policy your insurance company has the right to demand they you be examined by a doctor they choose in order for them to determine whether additional medical care is medically necessary.
FAQ 17: Is the insurance company likely to follow me around and spy on me?
Maybe, but unlikely. Investigators are expensive. Should the insurance company hire an investigator this is more likely to occur after a lawsuit has been filed. Regardless of any surveillance there is nothing to fear if you act honestly and tell the truth at all times.
FAQ 18: How often will I need to see you?
From time to time we'll need to communicate with you to obtain updates in relation to your medical condition, etc. We will not require many face to face conferences. However, until your case is resolved we will stay in close touch via telephone and e-mail. Should you have any questions you are always free to text, e-mail or call this firm.