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Personal Injury FAQ

If you have been involved in an accident and are considering pursuing a personal injury case, you may have some questions regarding the legal proceedings and specifics of cases of this nature. Michael Todd Rebuck P.A. offers a comprehensive personal injury FAQ to help you understand some of the components of a personal injury case and what you can expect working with a quality personal injury lawyer.

What’s My Case Worth?

Determining the value of a case can be complex, as it depends on a variety of factors, including the severity of the injuries, the amount of medical bills and lost wages, and the impact on the victim’s quality of life. The victim’s pain and suffering, emotional distress, liability, and other components will be considered.

What Are the Damage Caps in Florida?

In Florida, the amount of money that can be recovered will depend on the specific circumstances of the case. There are no specific damage caps in Florida, but there are limits on certain types of damage in certain situations, including:

  • Non-economic Damage: These damages refer to the intangible effects of an injury, such as suffering, physical pain, emotional distress, and decreased quality of life. There is no specific cap; however, there are exceptions. In medical malpractice cases, the cap is $500,000 or $1 million if the victim can show that the injury resulted in a permanent vegetative state or death.
  • Economic Damage: These damages encompass the costs of an injury, such as medical bills and lost wages. There is no specific cap.
  • Punitive Damage: Punitive damages are intended to punish the defendant for particularly egregious conduct and deter similar conduct in the future. The punitive damages are limited to three times the amount of compensatory damages or $500,000, whichever is greater.

What Is the Difference Between Fees and Costs?

Lawyer or attorney fees are the charges that a lawyer or law firm charges for legal services rendered. The costs, on the other hand, refer to expenses that are incurred as part of a legal case, such as the filing fees, court reporter fees, expert witness fees, and other expenses that may arise during a case.

Who Will Pay for My Medical Treatment?

You are responsible for paying for your medical treatment. If you have medical payments coverage through your insurance policy, you may be entitled to billing portions of your medical care. If you have health insurance, that will cover medical treatment associated with your injury. Once your claim is accepted and resolved, your insurance provider will be reimbursed for your treatment.

What Are Policy Limits?

The specific policy limits for an insurance policy will depend on the type of coverage and the terms of the policy. For example, an auto insurance policy may have limits for bodily injury liability, property damage liability, and uninsured/underinsured motorist coverage.

What Is a Policy Limits Settlement?

A policy limits settlement is a type of settlement that occurs when an insurance company agrees to pay out the maximum amount of coverage available under an insurance policy. This may occur in the context of personal injury or a property damage claim, where the damages sustained by the claimant exceed the amount of coverage available under the policy.

What Is Medical Payments Coverage?

Medical Payment Coverage, also known as MedPay, is a type of insurance coverage that pays for medical expenses incurred as a result of an accident regardless of who was at fault. This type of coverage is often included as a part of an auto insurance policy and can be used to pay for medical treatment resulting from an auto accident or motorcycle accidents.

Should I Use My Medical Payments Coverage (Med-Pay)?

Whether you should use your medical payment coverage for medical treatment in Florida will depend on your individual circumstances and the terms of your insurance policy. Here are a few things to consider:

  • Does your policy have MedPay coverage? Not all insurance policies include medical payment coverage, so it is important to check your policy to see if it is available.
  • What are the limits of your MedPay coverage? Your policy will have limits on the amount of medical payment coverage available. Be sure to understand these limits so you know what is covered.
  • How will using MedPay affect your premiums? Using MedPay coverage may result in an increase in your insurance premiums. Consider this when deciding whether to use MedPay or not.
  • What are your other options for paying for medical treatment? If you have health insurance or other coverage that can be used to pay for medical treatment, you may want to consider using that coverage instead of MedPay

How Are Lawyers Paid?

Lawyers can be paid in several ways, depending on the type of legal work they are doing and the terms of the attorney-client agreement. Some common ways include an hourly rate, flat fee, contingency fee, and a retainer.

What Is a Contingent Fee Agreement?

A contingency fee is a percentage of the amount recovered in a case, which is paid to the lawyer if the case is successful. If the case is not successful, the lawyer does not receive a fee. Contingency fees are commonly used by personal injury lawyers.

Should I Sign a Release for the Insurance Company?

After an accident, you may be contacted by the at-fault party’s insurance company. They will seek to find out information about the accident and ask you to sign off on a release that permits them to view your medical records. In most cases, you should not sign this release. The insurance company may use prior medical records against your case, and it may provide them insight into your health insurance information, which may result in an unfavorable settlement amount.

If you are contacted by an insurance company after an accident, it is important to consult with an attorney. An attorney can help you understand the terms of the release, advise you on the best course of action, and protect your rights and best interests.

Do I Need a Personal Injury Lawyer?

There are several reasons why it is important to work with a personal injury lawyer if you have been injured in an accident. A personal injury lawyer has experience and knowledge about the legal process and the laws that apply to personal injury cases. This can be especially critical in complex legal issues.

A personal injury lawyer can also help you maximize the amount of compensation you receive for your injuries, as they can negotiate with insurance companies, gather evidence to support your claim, and advocate on your behalf to ensure that you receive a fair settlement.

Personal injury lawyers also permit you to receive exceptional representation in court. If your case goes to trial, a personal injury lawyer will represent you and present your case in the best possible light. They will handle the legal paperwork and procedures involved in a trial and give you peace of mind throughout the stressful legal proceedings.

Exceptional Representation for Your Personal Injury Case

If you have been injured in an accident and are considering pursuing a personal injury case, Michael Todd Rebuck P.A. is here to assist you with industry-leading legal representation. As a skilled and experienced team of lawyers with a track record of success, Michael Todd Rebuck P.A. has the knowledge and resources necessary to handle your legal case. Contact us at Michael Todd Rebuck P.A. today for a free consultation with a personal injury lawyer who is committed to advocating for your rights and interests.