AUTOMOBILE ACCIDENTS

When serious injuries occur in a car or truck accident, the stakes are high--for you and your family. You need counsel that understands and can explain your legal options.

Before talking to an insurance company representative who might offer to settle your case for an amount too low to cover your medical expenses and lost wages, it is important for you to consult an experienced attorney to protect your rights.

We can help. We thoroughly investigate each case we undertake and prepare each as if it were going to trial. Insurance company lawyers know that we will present a strong case to a jury.

An insurance company might, therefore, make an offer to settle a case that is reasonable and acceptable to you. If a case requires a trial, you can be confident that we have the experience and skills to win, and recover the damages you deserve. Contact us now. Our initial consultation is free, and we do not charge a fee unless we recover damages for you.

WHAT TO DO IF YOU ARE IN AN ACCIDENT
 
Personal injuries

It is important to seek medical treatment immediately. Sometimes serious injuries do not cause immediate pain. If you experience even minor pain after an accident, seek treatment. Make sure the doctor knows all of your symptoms.

Remember to obtain the name, address, license number, and insurance information from the other driver if your injury arises out of an automobile accident.

Likewise, ensure your accident is reported to management if you suffer an injury while on the property of a business.

If the accident is serious, or if you are partially or totally at fault in the accident, you should contact a lawyer prior to speaking to anyone, if practical. Your lawyer can review the facts with you to ensure that your statement is clear and factually correct. If necessary, your lawyer can help you fill out any required accident reports and insurance claim forms.

Take notes to clarify what has happened in your own mind but keep your notes and opinions to yourself.

If possible, have photographs taken of your automobile damage and/or the condition that caused your accident and keep them with your private papers. Have photographs taken of your injuries if physically visible.

Write down the names and addresses of all witnesses who know of your accident. Attempt to have them write down or at least state what they know. Keep these statements with your private papers.

You should not rush into a settlement, especially if you do not know the full extent of your injuries. You may be entitled to significantly more than what is offered by the insurance company. If your injuries are serious, you should consult a lawyer as soon as possible -- before arriving at any agreements with anyone and before making any admissions.

If you were injured in an automobile accident, it is important you hire a lawyer who not only understands the dynamics of automobile accidents, but is an experienced trial attorney handling personal injury cases. It is important to hire an accident attorney who is willing and able to try cases. This is because - one who understands how to prepare automobile accident cases for trial and who is prepared to try the case if necessary, is most likely going to be able to obtain for you the best settlement possible without a trial. If we handle your personal injury case, the first thing we will do is determine the maximum benefits available to help you, through both health insurance policies, liability insurance policies and automobile insurance policies. We will make arrangements to interview witnesses, take photographs of all visible injury and property damage and the accident scene. We will retain accident reconstruction engineers to survey the accident scene if necessary to ensure your interests are fully protected.

DO YOU NEED AN AUTOMOBILE ACCIDENT LAWYER?

Insurance companies make even small accidents, whether from motorcycle accidents or automobile accidents, difficult for the average person to handle without legal assistance. Insurance adjusters generally are more concerned with protecting the insurance company from claims than they are with protecting your rights. Additionally, if the injury is moderate to severe, an attorney is usually necessary because the average person is not trained, like an attorney, to understand how to properly evaluate their own claim and may need help to achieve the best result. Because the insurance company is not protecting your interests, you need an attorney to level the playing field. Items of consideration for the damages from automobile accidents include: damage to your automobile and personal items, medical bills incurred in the past and into the future, earnings lost in the past and into the future, lost earning ability, and other losses such as loss of pension benefits or Keogh contributions, compensation for pain and suffering, including for disability, disfigurement, loss of enjoyment of life and aggravation of a pre-existing medical condition.
 
HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?

We work on a contingency fee basis. This means that we charge you a percentage after a recovery. The fee percentages are reasonable and are generally subject to state bar rules and standards, and state laws. There is also the possibility of having your attorney fees paid by the person who caused your injuries or their insurance company if you try and win you case before a judge or jury.

Please see here for further explanation.

SHOULD YOU TALK TO YOUR INSURANCE COMPANY ABOUT YOUR AUTOMOBILE ACCIDENT?

You should report your automobile accident to your own insurance company to ensure you comply with your contractual obligations. However, you should speak with a lawyer before doing so. You also should not give a recorded statement without consulting with your own lawyer first. You should NEVER speak to the insurance company representing the other person if you intend to hire an attorney. To do otherwise could be a severe mistake.

HOW LONG WILL IT TAKE TO SETTLE YOUR CASE?
 
Many cases settle quickly and others take longer. Generally, if there are serious injuries involved that an insurance adjuster refuses to acknowledge, it will be necessary to file a lawsuit to seek justice in the courts. This process takes time and a lawsuit, given the congested dockets of the courts, could sometimes take several years. Other times, a case can be settled literally within weeks of an accident. However, our office will usually caution against a quick settlement unless you and your doctors are absolutely certain about how bad your medical injures. Whether your case can be settled without filing a lawsuit depends on the offer of the insurance company and your agreement to accept such an offer to avoid litigation. A case cannot be settled without your total agreement. 

AUTOMOBILE INSURANCE: 

You need automobile insurance to protect you from the overwhelming loss that can occur in an automobile accident. Such a loss could result in financial disaster if you aren't properly protected. There are different kinds of coverage that pay for different kinds of losses.

A lot of people think they have a full coverage policy but when they make a claim, realize they don't really have what they thought they did. A full coverage policy only means coverage in all categories required by state law. In Florida, state law requires no liability coverage and minimal coverage in other categories. Florida mandated coverages are either non-existent or not nearly enough to protect you if you are in a serious accident.

It is important to understand how each category of coverage works so you don't find yourself in a situation in which your personal assets are on the line or in which you cannot be fully compensated for damages you sustain at the hands of another.

The standard motor vehicle coverages are personal injury protection (Pip), liability, property damage, uninsured/underinsured, collision and comprehensive. You can also purchase med-pay, additional pip or an umbrella policy for additional protection. Personal injury protection coverage, mandated by Florida law, pays for a percentage of your medical expenses and lost wages, generally up to $10,000.  Liability covers you if you are found responsible for injuring another party with your vehicle. Property damage covers you if you are found responsible for damaging somebody else's property with your vehicle. Uninsured/underinsured covers you if you are injured by another party whose has no insurance or insufficient insurance to fully compensate you. Collision covers repairs to your vehicle irrespective of who is responsible for the damage. Comprehensive covers theft of your motorcycle and its parts and damage caused by vandalism and, generally, by flood or fire. Medical coverage pays for your medical bills. Umbrella insurance provides additional liability and uninsured motorist coverage for those not rare situations in which the damages are extensive.

PERSONAL INJURY PROTECTION:
   
   For details about this coverage, please see this page:

LIABILITY COVERAGE: Liability insurance covers you for personal injury damages (bodily injury, medical expenses, loss of earnings, and pain and suffering) you cause to someone else. Many states require minimal coverage such as $15,000/$30,000. The "$15,000/$30,000" limits means that if you are found responsible for causing injuries to someone, there is $15,000 available for each person injured up to a total of $30,000 for each accident if more than one person is injured. These minimal limits are very low and even a minor accident could result in damages exceeding those limits. In Florida, there are no minimum limits and many people drive without any liability coverage. It is therefore important to have adequate medical payments benefits and uninsured/underinsured motorist protection benefits to ensure you are properly protected if you are injured by an uninsured/underinsured driver.

PROPERTY DAMAGE:  Property Damage covers you for damages you cause to someone else's property. Many states require minimal coverage such as $5,000. Again, these limits are very low and even a minor accident could result in damages exceeding those limits. If you have assets to protect, or don't want to risk paying for the damage out of your own pocket, you should reevaluate your limits.

UNINSURED AND UNDERINSURED COVERAGE:
Uninsured/underinsured coverage provides coverage if you are physically injured by somebody who has no liability insurance or insufficient limits to fully compensate you for your damages caused by another person. This coverage is extremely important because there are hundreds of thousands, if not millions, of drivers out there with no insurance or with low limits. And most people with low limits do not have any assets to go after.

With uninsured/underinsured coverage if you are injured by a negligent driver who has no insurance, your own insurance company will pay for your proven damages up to your uninsured limits. If the other party has some insurance but insufficient limits to fully compensate you for your damages, your insurance company, in Florida, would pay up to your underinsured limits, over and above the other driver's liability limits. For example, if you had $100,000 in underinsured coverage and the other party only had $10,000 in coverage, and your proven damages are at least $110,000, your own insurance company would pay you your full $100,000 limits for a total recovery of $110,000.

You should be aware that many insurance agencies convince their own clients they do not need uninsured motorist coverage because Florida is a "no-fault" state or because they have health insurance. This is not true. Uninsured/underinsured motorist protection is perhaps the most important insurance coverage you can have because it protects YOU or your loved ones by providing compensation for serious injuries you might receive from an uninsured/underinsured driver.

We would also recommend purchasing stacked UM coverage, even if you only own one vehicle. With stacked coverage, you will sometimes be entitled to insurance coverage whereas without such stacked coverage you might have no coverage at all. This area of the law is complicated, but everyone should opt for stacked coverage. Additionally, stacked coverage can provide you with a multiple of your base coverages for UM, depending on the number of vehicles insured under your policy of insurance.

COLLISION COVERAGE: Collision insurance covers damages to your motor vehicle. Make sure you have sufficient coverage to fully repair your automobile or motorcycle, including for added custom equipment or a custom paint job. Chances are those items are not covered unless specifically spelled out in your policy. Some insurance companies offer this additional coverage as an option, but generally, you have to ask for it. Most policies have a deductible of $250, $500, etc., which requires you to personally pay the deductible amount before your insurance kicks in.

COMPREHENSIVE COVERAGE:  Comprehensive covers theft of your automobile and its parts and damage caused by vandalism and generally, by flood or fire. Comprehensive is usually subject to a deductible also.

MEDICAL PAYMENT COVERAGE:  Medical payment coverage pays for medical expenses related to the accident up to the limits of coverage.

UMBRELLA POLICY:  You may want to consider an umbrella policy that provides additional liability and uninsured motorist coverage of, generally, one million or two million dollars above and beyond the limits of your underlying policy. These policies are relatively inexpensive relative to the protection they provide. Generally, you must maintain high underlying limits to qualify. You need to understand your coverage and your limits to know whether they are sufficient for your individual situation. You should discuss your needs with a qualified insurance broker or insurance agent, or several, who understand how coverage applies and can advise you accordingly. We recommend bodily injury liability coverage and as much uninsured motorist coverage as you can afford.

Its also important to understand the areas in which your insurance company specifically excludes coverage.

For other frequently asked questions, please see here:

The law firm of David Gorewitz is located in Melbourne, Brevard County, Florida.  We represent victims injured primarily in Brevard County. Indian River County, Orange County and Volusia County, but we also handle claims throughout the State of Florida, including claims in Miami, Fort Lauderdale and Tampa.  Even if you were not injured in Melbourne, Brevard County or even Florida, we can assist you by associating lawyers in the locality of your accident to ensure your legal interests are adequately protected. 

If you or a family member have been involved in an automobile accident and would like to know more about your legal rights, please call or e-mail us to arrange a free consultation.

Read about other cases we handle here