MIAMI PERSONAL INJURY FAQs

  • If you are in a car accident, getting the help of a Miami personal injury lawyer who can properly advocate for you in court is essential. However, there are some steps that everyone should know in the event of a crash.
  • Call the Police so a crash report will be filed.
  • Remember as much as you can about how the accident happened
  • The speeds of the vehicles.
  • The lanes of travel the vehicles were in.
  • The direction of travel of the vehicles.
  • Where the impacts took place.
  • What the other driver and witnesses said at the scene.
  • Take pictures of the accident scene, the vehicles, and your injuries if you are not too injured to do so or immediately transported to the hospital.
  • Collect any witnesses’ names and contact info that may help prove your case.
  • Seek medical treatment immediately, even if you do not have insurance or a regular doctor. Car Insurance companies will not take your injury case seriously if you do not get treatment immediately or if you have a gap in treatment dates.  Even your own insurance company may not pay your PIP benefits if you don’t go to a hospital or doctor immediately.
  • Do not talk to anyone about the car accident or injuries other than your personal injury attorney or doctor after the accident other than police. You do not want to talk with an insurance adjuster or investigator, sometimes even from your own carrier, because they are not there to help you.  Ensure you talk to Perkins Law offices before speaking to anyone or giving any statements about the accident or your injuries.
  • Keep track of all your damages, such as medical bills, lost time, and wages from work. Make sure you tell Perkins’ personal injury lawyers every detail about your injuries and how the injuries affect your life. Disclose to Perkins Law Offices any prior accidents, lawsuits, claims, or other personal things that may affect your case. Do not worry; everything you say to Perkins Law Offices is confidential and protected by the attorney-client privilege.

It depends on many factors, such as the type of case it is, who is at fault, the severity of injuries or damages, and whether the target defendant has money or insurance to pursue. If a lawyer guarantees that he will get you a specific amount at the start of a case, then be very wary of that lawyer. Perkins Law Offices will investigate your claim and evaluate it realistically based on available information.

Every case is different. More complex cases like Medical Malpractice and product liability will take longer to resolve than a slip and fall or car accident because they usually involve more work, experts, and witnesses. Perkins Law Offices is aggressive and pushes its cases forward as quickly as it can. Most cases resolve within one to two years. But sometimes, a case can settle instantly or not for many years.

Attorneys’ fees for personal injury and wrongful death cases are on a contingency basis. This means you do not pay anything to Perkins Law Offices upfront; the law firm only gets paid if we successfully obtain money for you. The law firm is then paid a percentage of the money it recovers. The percentage the law firm gets is determined by the contract you sign with the lawyer. There are standard contracts approved by the Florida Bar that Perkins Law Offices uses for certain types of cases. Typically, the standard bar contract calls for the firm to get 33.3% of the total amount recovered if the case is settled without a lawsuit and 40% percent of the total recovery if a lawsuit must be filed. If there is no recovery, you do not owe the firm any attorneys’ fee.

Costs are the expenses typically incurred by Perkins Law Offices on the client’s behalf to move the case forward. For example, it costs the law firm money to obtain your medical records, send mail, hire private investigators, expert witnesses, and court reporters, pay for transcripts, videotaping services, travel, and lodging expenses for the attorneys and witnesses, to pay for investigations of the defendant, computer-assisted research, exhibits used at mediation or trial, filing fees, photocopying and printing, courier costs, long distance telephone and fax charges and any and all other expenses that the firm considers reasonable and necessary to be successful. The more complicated the case is, the more the costs typically will be. The law firm advances these costs during the case and does not charge any interest for using its money. If there is a recovery at the end of the case, Perkins Law Offices will be entitled to take back its costs out of the recovery after attorneys’ fees are deducted. If there is no recovery, the law firm loses its investment in the costs. This means Perkins Law Office is taking a risk with its time and money to fight for you.

A deposition is a sworn interview of a party, a witness, or a person with knowledge about something in the case. The lawyers ask the questions, and the questioned person must answer unless the other attorneys assert a proper objection. Before the deposition questions start, the deposed person takes an oath to answer the questions truthfully. A court reporter types out everything that is being said and creates a transcript. Sometimes, depositions are also videotaped. Depositions are used to gather information and to lock down the testimony of all the people involved in the case.

Mediation is a conference where both sides meet with a neutral mediator or retired judge before trial to see if the case can be settled. It’s a process used by the court system to bring both sides together in person at least once to see if they can resolve their differences without going to trial. Most judges order the parties to mediate before a case can ever go to trial because it is well-known that trials are risky and expensive. At mediation, both sides present their case to each other and the mediator. The parties then are separated into different rooms while the mediator talks privately with both sides. He then tries to elicit offers and delivers the offers back and forth to the parties in their separate rooms. Everything that occurs at mediation is confidential, which means certain things that are said can not be used at trial. Often, cases will settle at mediation after everyone has laid their cards on the table, so to speak. The mediator will declare an impasse if the case is not settled at mediation.

If you are injured in an auto accident, your own car insurance, usually under its Personal Injury Protection (PIP) provision, is the first to pay for your medical expenses. Florida’s laws change, but most people have $10,000 in PIP coverage. Even if you do not have a car, that car insurance company must provide the PIP if someone in your household does. Once your PIP is exhausted, if you have health insurance, it will cover the remaining medical bills it is contractually obligated to pay. Many people do not have health insurance. In that situation, some healthcare providers may agree to place a hold on collecting your bill until the end of the case and/or may accept a letter of protection. If Perkins Law Offices recovers money for you at the end case, it will negotiate with the medical providers and insurance companies to reduce what you may still owe in patient responsibility amounts or as part of a lien or subrogation right.

A medical lien or subrogation right is a claim placed by a medical provider or an insurance company against any recovery you may get in your personal injury claim because they paid bills on your behalf. If Perkins Law Offices obtains a recovery for you, we will negotiate with those medical providers and insurers to reduce what is owed so you will get more in your pocket in the end.

Uninsured motorist and underinsured motorist coverage is called UM coverage. It is additional insurance that you may have paid extra for when you bought your policy. It protects you if you are injured in an accident if the other at-fault driver does not have any or enough bodily injury (BI) coverage to pay for your damages. UM coverage can also apply if you are in an accident with a hit-and-run vehicle.

A statute of limitations is the time period in which the law says you have to file your lawsuit, or it will never be allowed to be brought. There are a few exceptions to this rule. Most personal injury cases in Florida have a 4-year statute of limitations. Wrongful death cases have a 2-year statute of limitations, as does medical malpractice. Cruise ship cases have a one-year statute of limitations! That is why it is very important to contact Perkins Law Offices right away.

While having a personal injury lawyer near you may help, you can rest assured that here at Perkins Law Offices we offer expert legal services across the state of Florida and Illinois. If you have a personal injury or accident case and you need legal counsel, reach out to us at (855) 741 – LAWS (5297).

Understanding Personal Injury Cases

Personal injury cases involve individuals who have been harmed due to the negligence or misconduct of another party. This can include car accidents, slip and falls, medical malpractice, and more. When someone is injured, they may be entitled to compensation for their medical expenses, pain and suffering, lost wages, and other damages. Seeking legal guidance from experienced attorneys like Perkins Law Offices can help you navigate the complexities of personal injury cases.

It is important to understand that every personal injury case is unique, and the amount of compensation you may receive depends on various factors such as the extent of your injuries, the impact on your daily life, and the actions of the at-fault party. An experienced attorney can evaluate your case, negotiate with insurance companies, and fight for the compensation you deserve. By understanding the legal process and your rights, you can make informed decisions and protect your interests in a personal injury case.