At the beginning of the litigation process, we will sit down with you to discuss your potential case. If it is decided that you are a good candidate for filing a personal injury lawsuit, our attorneys will file any necessary paperwork and start the discovery period. During this time, both you and the defendant will be questioned as we prepare for trial. Often a settlement is reached either at the end of the discovery period or during the early phases of the trial. If a case goes through the entire trial process, it will receive a jury verdict that the defendant can decide to appeal.
One of the first things you should do after an accident is call a personal injury lawyer to discuss your options and the details of your case while the experience is fresh on your mind. That being said, if you’ve been severely injured or are in need of immediate medical attention, that should be your first priority.
After an auto accident, take a deep breath and stay calm to handle the situation effectively. Check yourself and any passengers for injuries and call an ambulance if needed. Always notify the police, even for minor accidents. Avoid admitting fault or discussing the incident with other parties. If safe, move your vehicle out of traffic.
Document the accident scene, including injuries, vehicle damage, and the exact location. Gather contact information from any witnesses. For more detailed guidance, see our full blog post on what to do after a car accident.
In the state of Florida, a driver can be liable for a motorcycle rider’s injuries and property damage in a no-contact motorcycle accident as long as the rider can prove the other driver was at fault. The basis of this type of claim is negligence, meaning you have to prove that in a similar situation a reasonable person exercising reasonable care would not have caused the accident. Drivers who are unaware on the road or who fail to obey traffic laws would likely be found negligent.
The value of a personal injury claim may be determined based on medical bills, lost wages, future medical care costs, future loss of earnings, and the extent of emotional trauma you have experienced. However, the primary factor that will influence the value of a personal injury case is the extent of physical injury that you have experienced. More serious injuries result in higher medical bills, more time away from your job, and long-lasting consequences such as permanent disability or an inability to return to work at all. How much your case may be worth is one of the questions you should ask a personal injury lawyer during your initial consultation.
Florida is a no-fault state, meaning if you’re in an auto accident and have proper auto insurance, you’re covered by personal injury protection (PIP) no matter who caused the accident. The Florida no-fault law requires you to use your insurance company to pay for medical expenses, lost income, and other damages related to your accident. The same applies to the other party. In some cases, however—such as permanent injuries, disfigurement, or loss of bodily functions—it is wise to speak with a personal injury lawyer and discuss filing a claim against the other driver to recover your total amount of damages. The same goes for people with extensive medical costs, high estimated future medical expenses, and substantial lost wages.
In a recent personal injury study, Martindale-Nolo Research found that—even after deducting the average legal fees charged by personal injury lawyers—injured readers who sought legal representation for their personal injury claims typically received three times more money than unrepresented readers did. Additionally, their study found that 91% of those with legal representation received a monetary payout for their injury claims, but that number dropped to 51% for those who pursued injury claims on their own.
Like most personal injury firms, our firm provides free consultations and charges a contingency fee—a percentage of the settlement or judgment you get for your case—in order to represent you and assist you with your claim. The percentage will depend on the type of case and whether or not we have to file a lawsuit. From the moment you contact us, our lawyers will work with you and will only be paid if and when you receive a settlement.
Your health insurance, Medicare, and/or Medicaid may pay for some or all of your medical bills. If you were in a car accident, your PIP insurance may pay a portion of your medical bills as well. If you have any bills left over, we will do our best to negotiate the remaining bills so that they can be paid with a part of your settlement.
If you were in a car accident in Florida, PIP insurance will pay 60% of your lost wages up to the $10,000 limit, though this amount may be reduced by payments for other expenses such as medical bills. We recommend you get a letter from your doctor specifying how long you must wait before returning to work, as well as a letter from your employer stating that you have not been working due to your injuries. For the remaining unpaid portion (and for cases where there is no PIP insurance), the sum of your lost wages will be a factor when negotiating with the at-fault party.
Before signing anything, be sure to contact a personal injury lawyer to ensure your rights and best interests are protected. If you sign a “release” or another document, you may be unable to recover future damages. Sometimes the insurer will offer an early settlement, but beware that this may not fully compensate you as you might still be unaware of the extent and future costs of the injury you sustained.
We recommend that you do not discuss the details of your injury or the way in which you were injured until you have first consulted with a personal injury lawyer. Any documents you sign or settlements you agree to prior to speaking with an attorney could affect your ability to recover full compensation for your injury.
For most personal injuries, Florida’s statute of limitations allows you to file a personal injury claim up to four years from the date of the accident. However, we encourage those who have been injured to take action immediately, especially if you’ve been in a car accident or a similar type of accident where your insurance requires you meet certain—often short—deadlines.
For medical malpractice claims, you have up to two years from the time you discovered (or should have discovered) the injury to file a lawsuit, or up to four years from the date the medical malpractice occurred.
Even if you have a pre-existing condition, you can still receive damages from the at-fault or negligent party. Whether or not someone without your condition would have sustained the same injury is irrelevant to your claim. That being said, injury claims with pre-existing conditions are often more complex than those without; they may require testimony from expert medical specialists, more rigorous negotiations, or even a trial. We recommend that anyone looking to file a personal injury claim with a pre-existing condition contacts a personal injury lawyer to assist them throughout the entire process and help them get the full compensation they deserve for their injury.
I had a great experience with Josh Wagner! The whole process was very simple, he was attentive and let me take my time making decisions about my health, which I really appreciate. I never felt pressured or rushed. My case was settled for much more than I anticipated and I owe it all to Josh! Thank you!
I have been using Josh as my attorney before Vasilaros/Wagner. This is my 3rd time using him and I always have a great experience. I referred him to all of my family members including the ones who live in Miami and he was able to help them as well. Thank you !!
If you want an Attorney and staff that cares...I mean truly cares about making sure that you receive the compensation that you deserve from your accident as well as proper care for your injuries, Then look no further than Vasilaros and Wagner. I promise you that you will not be disappointed.
Steve did an awesome job for me he took a cut in his fee just so I would get more money. I don't know any lawyer that would do that. I would recommend him to anyone. It's not all about the money for him he really cares about his client's. Thank you Steve for all you did for me and my family.
I can't say enough about Josh Wagner and his team. Even when I felt I was being annoying they answered all my questions with a smile. They kept me appraised to what was going on and got me a significant settlement for my accident. If you need a lawyer go here.
Wonderful experience. Everyone I worked with was upfront and honest about the entire process, they were great at explaining each step. They stayed on top of the little details and were prompt to respond to any questions I had. I will be sure to refer everyone I like to their office.
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