Legal Question in Personal Injury in Florida

Cases such as yours to recover damages for medical bills and injuries are customarily handled by attorneys on a contingency fee basis. Your friend is correct that a typical contingency fee is 1/3 of the amount, if any, which is recovered. Typically if there is no recovery, then you are not required to pay anything and the lawyer handling the case does not receive any fees either. Therefore, it may be to you benefit to discuss your case with an attorney to see what if anything may be recoverable.

Coral Gables Attorneys

www.balesfirm.com

1. Your medical bills and lost wages should be paid by your own insurance carrier, under your PIP coverage. You should have up to $10,000 coverage and have made a claim. Any amounts over that you must sue the offending driver for.

2. You may or may not have a claim for pain and suffering depending on the severity of your injury. Florida law requires a jury to determine a "serious Injury".

3. If your injury is serious and you have underinsured coverage over the offending driver's coverage you may make a claim with your own carrier for the excess coverage.

4. Unless you know how to handle the matter, retain counsel. You should know what coverage he has by now. He may be completely uninsured since Florida is not a mandatory auto liability coverage state. Do you have uninsured coverage? Have you made a claim?

It is definitely in your best interests to speak with an attorney. Most will offer a free initial consultation. While your friend is correct that a typical contingency fee is one-third of a recovery, if you recover nothing then you will pay no attorney fee. An attorney will be able to help you initiate, negotiate and pursue claims for everything you are entitled from both insurance companies, and relieve you of the stress of having to do it yourself. Good luck and feel better.

Your own auto insurance must pay a portion of your medical bills. After that, you must make a claim against the other driver. If he doesn't have enough coverage on his insurance, you may be able to recover additional money from your own insurance or from other sources.

These cases are complicated, and you should speak to an attorney right away. In particular, you should speak to an attorney who is board certified in civil trial law, as are the attorneys in our office. We offer a free initial consultation and would be happy to speak to you about the situation.