North Florida Injury Lawyer Blog

How much should I sue for in a Florida personal injury case? When a person suffers injuries in a Florida personal injury incident like an automobile accident, a lawsuit is sometimes filed in order to enforce the rights to compensation and damages of the injury victim. A question that arises many cases is as follows:

How much should I sue for in my Florida personal injury case?

When a personal injury case is filed in the State of Florida, it is typically filed in a Circuit Court which is a court under the supervision of the State of Florida court system. In Florida, there is no requirement to name a specific amount in the terms of dollars that a case is worth or that a personal injury victim is seeking through the lawsuit process. In most personal injury cases, it is merely alleged in the complaint that the plaintiff is seeking more than $15,000 in damages. The amount $15,000 is used because this puts the case under the jurisdiction of the Circuit Court which is where most personal injury lawsuits are litigated in the State of Florida. The process of litigating a personal injury case is quite complicated and confusing. Because of this, it is important for personal injury victim to retain or obtain the services of a personal injury attorney for consultation, advice, and legal representation. The attorneys that Wood, Atter & Wolf, P.A. have been representing injury victims in automobile accidents, motorcycle accident, trucking accidents, slip and fall accidents, wrongful death cases, and other matters since 1957. For 50 years, the attorneys at Wood, Atter & Wolf, P.A. have been On Your Side - At Your Side.

In evaluating a personal injury case, there are several factors that may be considered in determining the value of the case including the following:

Past and Future Medical Bills;
Past and Future Lost Wages;
Loss of Earning Capacity;
Past and Future Loss of Services
Past and Future Pain and Suffering; and
Past and Future Loss of Enjoyment of Life.

Each Florida personal injury case should be evaluated on its own merits. It is important that all factors are considered before making any decisions as to settlement and / or the litigation of the personal injury case.

Weather conditions can make roads very dangerous for drivers, passengers, motorcyclists, bicyclists, and pedestrians. It is important for both experienced and inexperienced drivers to understand the dangers of wet and / or icy roadways. In an instant, a serious and deadly automobile accident can take place. In the aftermath of a serious automobile accident, traffic tends to slow down to allow police and fire rescue personnel to work the accident scene. In addition, drivers slow down to personally observe the aftermath of an accident which in some instances can be quite disturbing.

A video that has been posted to the internet shows a very frightening accident that took place on a wet and icy road. See Automobile / Trucking Accident Caught on Video.

Certainly, serious personal injuries and even death may have resulted form this accident. It is difficult to see even what was left of the vehicle that was hit by the heavy commercial truck.

Speed limits are posted for roads and highways. Of course, speed should be moderated or reduced when there is traffic or weather conditions that may safe driving more challenging or difficult.

When there is an automobile accident, it is often times helpful to contact a Florida Personal Injury Attorney to determine the respective rights to damages and compensation of the injury victim.

The attorneys at Wood, Atter & Wolf, P.A. have been representing victims and their families since 1957. For over 50 years, the personal injury attorneys at Wood, Atter & Wolf, P.A. have been On Your Side - At Your Side for accident victims.

In Florida, millions of tourists and visitors travel to Florida every year for vacations, reunions, business functions, weddings, and other events. In most instances, the trip to Florida is very pleasant and enjoyable. Unfortunately, many tourists and visitors to the State of Florida suffer serious personal injuries and some even die as a result of the negligence of others. When a tourist or visitor is injured in the State of Florida, there are often questions or issues that arise as to legal rights and insurance coverage. Because these matters can be quite complex and confusing, it is often helpful to have the advice, counsel, and legal representation from a Florida Personal Injury Lawyer.

Tourists and visitors have the legal right to compensation when they are injured in the State of Florida. The right to compensation is not affected by the residence of the injury victim. If the accident or injury took place in the State of Florida, then the case will need to be filed or pursued in the State of Florida. The injury victim can seek medical treatment outside of the State of Florida.

A recent accident was reported in Fort Lauderdale (Broward County), Florida. Alanna and Michael DeMella were visiting the State of Florida for a two day marriage conference. It was reported that a driver crashed into a poolside cabana located at the Riverside Hotel. Of course, no one at the cabana could have predicted or expected any danger in the form of an automobile / pedestrian accident to take place on a relaxing Florida Sunday. Tragically, Alanna DeMella and her unborn child died as a result of the pedestrian / automobile accident. See Tragic Accident Kills Pregnant Woman from Medford, Massachusetts.

The death of Alanna DeMella will be a great loss for her husband, family, church, community, and the Pierce Elementary School. As a special education teaching assistant, Mrs. DeMella brought her joy and talents of education to children in the most need of her services.

Can a driver and passenger who were in the same vehicle have the same attorney for a personal injury claim or lawsuit? In the State of Florida, automobile accident frequently result in the injuries to multiple occupants. When a driver and passenger in a same vehicle are injured as a result of an automobile accident, can they obtain the services of the same Florida Personal Injury Attorney?. The answer to this question like many legal and practical questions is "it depends." If the driver in the passenger occupying the same vehicle were injured as a result of an accident then there typically will not be a problem with joint representation of the driver and the passenger.

There may be situations, however, when joint representation may be an issue.

1. Fault or Liability is an issue. If there is potentially liability or fault on the part of the driver who drove the injured passenger, then there may be a problem with joint representation.

2. Limited Insurance and Multiple Claimants. If there are multiple claimant to a small amount of liability insurance, the there may a problem with joint representation.

There are other situations that may arise when the joint representation of both the driver and passenger occupying the same vehicle is a problem. Since these issues can be complex and confusing, it makes sense to discuss the potential for conflict with an attorney. It is a legitimate question to ask an attorney if there is any conflict or potential of conflict with representing one or more persons into Florida Automobile Accident.

The attorneys at Wood, Atter & Wolf, P.A. have been representing injury victims in Florida since 1957. For over 50 years, the personal injury attorneys at Wood, Atter & Wolf, P.A.have dedicated their time, effort, and resources to the protection and enforcement of the rights of injured people as a result of the negligence of others. Contact Wood, Atter & Wolf, P.A. today for a free consultation. When there is an automobile accident in the State of Florida, there are often questions and challenges as to the respective fault of each driver involved in an automobile accident. It is often helpful to review the police report, property damage photos, repair bills and the applicable laws in place. The Wood, Atter & Wolf, P.A. Website has information online as to various personal injury matters including automobile accident cases.

In Florida, pedestrians are the unfortunate victims of being hit by motor vehicles. Some incidents take place while walking in parking lots, on sidewalks, and some even take place while on church grounds. A horrific pedestrian / automobile accident was recently reported in Deerfield Beach, Florida. It was reported that an elderly driver hit another parisher and then continued driving while dragging the helpless victim. It was a tragic ending to the life of Luciana Porto, who was 66 years old at the time of the incident. The tragic pedestrian accident took place outside of the St. Ambros Catholic Church. Officials with the Broward County Sheriff's Office responded to the scene. See Pedestrian Death Reported at the St. Ambrose Catholic Church in Broward County (Deerfield Beach) Florida.

When a person dies as a result of a pedestrian or automobile accident in Florida, the family of the victim can pursue a Florida Wrongful Death Case to seek damages for the untimely and negligent death of the family member. It should be noted that Florida Wrongful Death Cases are governed by the Florida Statutes. Pursuant to Chapter 768, Florida law spells out the family members who can seek damages for the loss of a loved one. Furthermore, the particicular types of damages are also detailed in Chapter 768, Florida Statutes. When a family member dies, there are often questions that arise as to the payment of medical bills and funeral expenses. Furthermore, there can be issues that pertain to life insurance,health insurance, and liability insurance. Since the laws can be complicated that apply when person falls victim to the negligent acts or conduct of another person, it is often times helpful to contact a Florida Personal Injury Lawyer for advice, guidance and representation.

Florida also has specific statutes in place that pertain to the operation of motor vehicles, motorcycles, and bicycles. There are also laws that pertain to pedestrians and other traffic related matters. See Florida Traffic Rules, Regulations, and Ordiances - Frequently Asked Questions.

When a person is involved in a Florida automobile accident, there often times is a decision to be made regarding follow-up care and treatment. If a person has access to PIP (Personal Injury Protection Coverage) from his policy, a resident relative, or the vehicle owner, then the injury victim should seek medical treatment from providers who accept PIP as a payment source of accident related medical care. PIP works different than your standard health insurance policies. Following a Florida Automobile Accident, the following question is often posed to Florida personal injury attorney:

Should I seek follow-up care and treatment with my primary care physician?

The answer to this question is not so simple. The best way to answer this question is to state - "It depends." There are several questions that should be answered regarding this issue including the following:

Does the primary care physician accept PIP is a payment source?

Does the primary care physician have experience treating automobile accident victims?

Does the primary care doctor have a basic knowledge of automobile insurance claims?

Does the primary care doctor work with personal injury attorneys?

Does the primary care physician typically refer out or defer treatment to other specialists regarding automobile accident injuries?

Typically, the primary care physician will either decline treatment automobile accident victim or just provide limited treatment. Under Florida PIP, rules, regulations and procedures, there is no legal or insurance requirement that the accident victims obtain follow-up care from his or her primary care physician. Furthermore, there is no requirement under PIP rules, regulations, and procedures that a referral be made by primary care physician to see a specialist like a neurologist, orthopedist, or pain management doctor. In other words, a Florida automobile accident victim can directly make an appointment with a specialist, who accepts PIP payments, without having to "jump over hurdles" by getting a referral from a primary care physician or another doctor. The treatment and payment options regarding a Florida Automobile Accident can be quite confusing. Because of this, it is often times helpful to get legal advice and representation from a Florida Personal Injury Attorney. The Florida Personal Injury Law Firm of Wood, Atter & Wolf, P.A. have been representing injury victims from automobile accidents, bicycle accidents, pedestrian accidents, and trucking accidents since 1957. For over 50 years, the attorneys that would Atter in Wolf have dedicated their time, efforts, resources, and years of experience to accident victims and their family. Contact us for a Free Consultation today.

Who is responsible for the hospital bills and ER bills following a Florida Automobile Accident? When a person is injured in a Florida Automobile Accident, hospital /emergency room care is often required for the accident related injuries. Many injury victims do not understand the process and responsibility of payment for medical bills related to a Florida Automobile Accident. There are different sources of payment that may be utilized to cover hospital expenses following an automobile accident. Furthermore, hospitals charge different rates and provide different write offs depending on the source of payment and financial resources of the patient.

Florida has No-Fault Laws in place for automobile accidents. Part of the statutory set up for automobile accident cases is the coverage or payment of medical expenses through PIP or personal injury protection. PIP coverage will be primary for the payment of accident related medical expenses. Unfortunately hospital and administrators and employees do not always collect or obtain the correct information in order to submit payment request to automobile insurance companies. Furthermore there are limits under PIP coverage. The typical policy has a total of $10,000 in insurance coverage. If a hospital runs any testing including CT scans, MRI scans, and / or laboratory work, the associated medical expenses for the hospital or ER visit can be quite substantial. Because of this, a good portion of the PIP benefits can be eaten up by the hospitalization. Thereafter, the accident victim will need follow-up care from medical providers in the community. If the person has health insurance, there should be no problem seeking additional medical care even if there is a limited amount of PIP left. If there is limited PIP coverage left or if the PIP coverage is exhausted, it can be quite challenging to obtain medical care in the community if the person does not have health insurance. The payment sources for hospital, emergency room and medical care following accident can be quite confusing and complicated.

Because of this, it is important to consult with a Florida Personal Injury Attorney regarding medical bills, medical coverage, damages, compensation and other issues. The law firm of Wood, Atter, and Wolf, P.A. located in Jacksonville Florida has been representing injury victim since 1957. For over 50 years, the law firm is dedicated time and resources to protect and enforce the rights of injury victims. Call Wood, Atter & Wolf, P.A. today for free consultation regarding your injury case.

Is the amount of automobile insurance coverage considered a public record in the State of Florida? Following an automobile accident, the injury victim often needs information regarding the other person's insurance coverage. This is especially important when the other driver is at fault for the automobile accident. At the accident scene, the police officer will collect information including insurance information. The drivers involved in a Florida automobile accident have a duty to cooperate with police officer as to request for insurance and vehicle ownership information. If the other driver at the accident scene does not have insurance coverage address of insurance in place, then the driver may receive an additional citation for lack of proof of insurance.

In the State of Florida, each owner of a motor vehicle has a duty to maintain the state minimum required limits for PIP (Personal Injury Protection) coverage and property damage coverage. Often times the following question is raised:

Is the amount of coverage and type of coverage considered a public record in the State of Florida? The simple answer to this question is "No". There is no central datebase to access online or obtain elsewhere to obtain the type and amount of automobile insurance coverage on a particular Florida motor vehicle.

Following an automobile accident, a person has a duty to cooperate with his or her automobile insurance company. In other words, the driver of each vehicle has a duty to report the accident to his or her automobile insurance company. Furthermore, the driver or owner of each motor vehicle has a duty to forward any letters received regarding insurance coverage or request for insurance code coverage to his or her insurance company. Each and every automobile insurance policy issued in the State of Florida has some kind of provision in the contract that requires cooperation and notice to insurance company following an automobile accident. Therefore, if a person receives a letter from another driver or an attorney, it is a best practice to forward a letter to the insurance company and let the insurance company deal w'ith the other driver or the lawyer.

Because the issues of insurance disclosure, insurance coverage and other matters can be confusing and complicated, it is often helpful to get advice consultation and legal representation from a Florida Personal Injury Attorney. The attorneys at Wood, Atter & Wolf, P.A., a law firm based in Jacksonville Florida, have been representing accident injury victims since 1957. For over 50 years, the law firm has represented thousands of injury victims and their families. As part of the representation in each case, there is a need to review the insurance coverage, contracts, and policies to make sure that compensation is commensurate with the injuries and the available coverage. For free consultation with a personal injury attorney with Wood, Atter & Wolf, P.a., contact us today. All consultation then injury cases are free of charge in all cases are handled on a contingency basis meaning - No Recovery - No Fees.

The streets, roads, and highways are filled with motorcycles and motor vehicles. Watch Out for Motorcycles! is often seen on motorcycles, billboards, and other media. While the message is basic, it is important advice to keep in mind as drivers travel on Florida roads and highways. When there is an accident involving a motorcyclist, the accident related personal injuries can be quite serious. Many motorcyclists suffer serious and permanent injuries. Some even die as a result of a Florida Motorcycle - Automobile Accident.

Drivers should Watch Out for Motorcycles! - Furthermore, drivers should stop at the scene of an accident involving an injured motorcyclist to render assistance as needed. Fleeing the scene of an accident involving a seriously injured motorcyclist is considered a crime and there can be criminal penalties associated with such conduct.

In Flagler Estates Florida, the Florida Times Union reported that a motorcyclist - Michael Daniel Turner - suffered serious personal injuries as a result of a crash with another vehicle. The driver of the other vehicle allegedly fled the scene but was later located. See Authorities Charge Woman with Leaving the Scene of a Florida Motorcycle Accident.

When a person is injured as a result of a motorcycle accident, it is often helpful for the injury victim and the family to consult with a Florida Motorcycle Accident Attorney for advice, consultation, and legal representation. The personal injury attorneys at Wood, Atter & Wolf, P.A. have represented motorcycle accident victims and their families since 1957. For over 50 years, this Jacksonville, Florida based law firm has dedicated its time and resources to protect and enforce the rights of injured motorcyclists.

When a person is involved in a Florida Automobile Accident, there is often a period of time in which the injury victim is unable to return to work. During this time, the injury victim may suffer economic damages in the form of lost wages. When a person misses work and is deprived of wages or income, the injury victim can seek various sources of payment for compensation associated with the lost wages. The sources of compensation may include one or more of the following:

PIP (Personal Injury Protection). Each owner of an automobile in the State of Florida is required to carry PIP coverage on the vehicle. The injury victim could qualify for compensation under his or her automobile insurance policy. There may be additional or alternative coverage under the PIP policy for the vehicle occupied or driven by the injury victim. Under most Florida PIP insurance policies, there is typically a limit of $10,000 that can be claimed for a combination of lost wages and medical bills. PIP will pay 60 % of the documented wage loss claim. Many injury victims forego a claim for lost wages under a PIP policy to allow for more coverage for medical bills. This is especially the case when the injury victim does not have medical or health insurance to cover the medical bills.

Vacation Time and Benefits. A person can be compensated for lost wages by using vacation time. While this may not be the preferable method of compensation for the injury victim, vacation time and benefits are often time accessed to help the injury victim and the family get through the financial stress and burdens of being out of work.

Disability Insurance. Many injury victims receive benefits through a Disability Insurance policy. Often times, there is a wait time to be able to quality for benefits and an application that will need to be completed. Disability insurance can be very helpful to the financially stressed injury victim. It should be pointed out that many disability insurance policies have provisions that establish a lien for payments made under the policy if the injury victim receives compensation from an automobile insurance policy.

Bodily Injury and Uninsured Motorist Benefits. Lost wages can also be paid through a Bodily Injury or Uninsured Motorist insurance policy. Unlike PIP, Vacation Time and Pay, and Disability Insurance, BI and UM coverage typically involves a one time payment. In other words, insurance adjusters will not pay for lost wages periodically or piece meal. Because of this, the compensation for lost wages is typically paid at the conclusion or the settlement of the case under the BI and / or UM provisions of an automobile insurance policy.

The automobile accident attorneys at the law firm of Wood, Atter & Wolf, P.A. have been representing injury victims and their families since 1957. For over 50 years, the personal injury attorneys at Wood, Atter & Wolf, P.A. have advised and represented clients seeking compensation for lost wages and other damages associated with a Florida Automobile Accident. All initial consultations are free for injury cases at Wood, Atter & Wolf, P.A. Furthermore, personal injury cases are handled on a contingency basis - No Recover - No Costs or Fees.

Florida is a destination interest location for millions of visitors every year. Most trips to Florida's beaches, malls, attractions, theme parks, resorts, and homes are enjoyable. Unfortunately, many visitors to the State of Florida are injured in automobile accidents on the roads and highways. Can an injury case or claim be pursued by a person is injured in the State of Florida who resides in another state? The simple answer to this question is "Yes". There is no requirement in the State of Florida that a person be a Florida resident to pursue a personal injury case or claim. If a person is injured in Florida but lives out of State, the injury victim can obtain medical care and evaluation in another State. If a lawsuit ultimately needs to be filed on behalf of the injured person, the lawsuit will need to be filed in the State of Florida where the accident took place. For example, let's say a person is in an automobile accident in Jacksonville Florida. This person resides in the State of Alaska. Following the accident, the person returned to Alaska and obtained medical treatment and care.

If the claims adjuster is unwilling to pay a fair value for the injury sustained any accident and a lawsuit is needed in order to pursue a fair value or compensation for the personal injuries. While it would be more convenient for the injury victim to have case filed in Alaska, the case must be filed in the State of Florida. When a person is injured in an automobile accident, it is often helpful to have the legal representation from a Florida Personal Injury Attorney in order to obtain counsel and advice regarding medical bills, medical treatment, insurance claims, compensation, damages, and other matters related to the Florida laws on point.

The attorneys at Wood, Atter & Wolf, P.A. have been representing automobile injury victims and their families since 1957. For over 50 years, the personal injury attorneys at Wood, Atter & Wolf, PA. have been On Your Side - At Your Side. When there is an automobile accident in the State of Florida, there are often issues or questions as to the applicable traffic laws and regulations in Florida. The Wood, Atter & Wolf, P.A. website is a resource coverin Florida laws on wide variety of issues. One section is dedicated to traffic laws at Florida Traffic Laws and Regulations - Frequently Asked Questions. Contact the attorneys at Wood, Atter & Wolf, P.A. to schedule a free consultation.

When a person is in an automobile accident what kind of doctors and medical providers are available for treatment for the person is involved in a Florida Automobile Accident? When a person is injured in a Floida automobile accident, there is often a question or issue as to the selection of doctors and medical providers following the emergency room visit. Many automobile accident victims in the State of Florida initially go to the emergency room or urgent urgent care center for an evaluation and treatment of injuries. Under the current Florida laws, there is no requirement that an injury victim first visit an emergency room or urgent care Center in order to establish a claim or case. Whether a person initially goes to an emergency room or not, the injury victim often times has questions about where to seek and obtain follow up medical evluation and treatment. There are a variety of doctors available in any given community in Florida who are available to treat a person under the PIP (Personal Injury Protection) portion of an automobile insurance policyt or other types of coverage when a person is involved in a motor vehicle accident.

Following a Florida Automobile Accident, the medical providers available for follow up care and treatment include the following:

Orthopedic Surgeons. Orthopedics surgeons treat injuries to the bones and musculoskeletal system. Many people believe that orthopedist only treat people when there is a fracture or need for surgery. This is not true as many orthopedic surgeons will see a patient and treat them conservatively even if there is no fracture or need for surgery.

Neurologists. Following an automobile accident, neurologists frequently patients because the pain and trauma associated with the accident often times result in some form of neurologic injury. Neurologist diagnose and treat pain associoated with head, neck, baack, and extremity injuries. A neurologist can help pinpoint or diagnose the cause or origin of the pain in the body and then set forth a treatment regimen including therapy, medications, and injections as necessary for the patient.

Pain Management. Many doctors train for additional years in the field of anesthesia and pain management. These doctors specialize in procedures that can be performed to assist the patient with pain relief as well as diagnosis of accident related injuries. While pain management is not recommended for every accident patient, this mode of treatment can be extremely beneficial for those accident victims having difficulty working or otherwise getting through their activities of daily living.

Physiatrist. This is a fancy name for a physical and sports rehabilitation physician. These doctors specialize in rehabilitation following a traumatic or sports related injury. Physiatrist implement a variety of treatment modalities depending on the patient and the type of injuries. Treatment by or through a physiatrist can include therapy, medications, and injections.

Chiropractors. Another medical provider (a chiropractor) can also provide diagnosis and treatment of accident related injuries. Chiropractors train for years in diagnosis and treatment tecniques of traumatic related injuries to the body and musculskeletal system. Typicaly, chiropractors use conservative treatment methods in the form of adjustements and therapy to care for the injured victim. While a chiropractor cannot prescribe medications or perform surgery, the therapy provided by or through a chiropractor can be very beneficial and helpful to patients dealing with automobile accident related injuries.

Physical Therapists. Another medical provider who works with injury patients is the physical therapist. Many accident victims do not want to take medication or undergo injections. Conservative physical therapy can help the patients adverse to procedures or medications as well as those who do not need such care and treatment.

Neurosurgeons. Unlike neurologists, physiatrists, and many orthopedic surgeons, neurosurgeons focus the entirety of their practice on surgical candidates and cases. Neurosurgeons do not manage patients in a non-surgical manner but leave this kind of treatment to other medical providers. If a patient needs surgery, a neurosurgeon and / or an orthopedic surgeon would be the medical provider of choice for accident related injuries.

The selection of medical providers for treatment following an accident or injury can be complicated and confusing. It is often times helpful to discuss the selection of doctors with the family physician, friends, and others who are knowledgeable of the medical provider's background, reputation, and experience.