FAQS About Florida Car Accidents:

A: The value of your car accident case is determined by factors which are simply not known immediately after an injury occurs. These factors include: the extent of your recovery and your limitations, the amount of any unpaid medical costs, your future medical costs, unreimbursed lost wages and loss of your future earning capacity, restrictions on your activities, your quality of life and the amount of your pain and suffering-past and future. After gathering all of this information, we will discuss a settlement range with you, before we pursue settlement.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: You will work directly with your lawyer who is assisted by a certified paralegal and other professionals. Unlike many large advertising law firms, we do not use file handlers or claims managers. Your attorney, not a paralegal, will negotiate your car wreck case with the insurance company. If you and your attorney, together, agree a lawsuit is required in your case, your attorney will be by your side to advise you of each decision. Jim Dodson Law is committed to promptly answering any questions which may arise.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: The biggest factor in how long your car accident case will take is how long you are under active medical treatment for your injuries. Your lawyer is unable to finalize an evaluation of your case until your treatment has been completed. Doctors refer to that as having reached Maximum Medical Improvement (MMI). Once your doctor releases you from active treatment, your lawyer will obtain your physician’s opinion about the level of your recovery, your future medical needs, and expenses as well as any restrictions placed upon your activities. This information will be used in the settlement negotiations for your case. As your case and treatment progress, your lawyer is better able to estimate when your case will be settled.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: Costs are the expenses required to prove your accident case. They typically include fees paid to medical providers for records and reports, any investigative expenses required to obtain witness statements or photographs, fees paid to experts for their evaluations and opinions, as well as, the expenses involved in pursuing your case in court, should that be required. Each case is not alike and the costs required for each case will vary. Rest assured no costs will be spent unnecessarily.

When we accept your case, we advance the costs required on your behalf. We will gladly discuss the costs we anticipate will be required and will give you a detailed list of any costs we have paid at any time. If your case is unsuccessful, we will not ask for reimbursement of costs.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: In all cases we accept, attorney fees are paid on a contingent fee basis. This simply means rather than being obligated to pay an hourly billing rate whether your accident case is successful or not, attorney fees are paid only out of any recovery obtained. In the unlikely event your case does not result in an award to you, you will owe no attorney fees at all.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: No. Virtually all lawyers do use the contingency fee in injury cases. The standard fee agreement provides for a fee of 33 1/3 percent if your case is settled without a lawsuit. If your case does not settle and a lawsuit is filed, most lawyer’s fee percentage increases to at least 40% (and even higher). We are different. Even if a lawsuit is filed in your case, we will not increase our fee above 33 1/3 percent if your case settles at the mediation conference. This saves you money.

I have discussed this in the Five Mistakes That Can Wreck Your Florida  Accident Case, and Dangerous Trips to Avoid in Your Fall Case, both of which are available to you FREE on our website.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: Most car accident cases are settled without a lawsuit being filed. There are a variety of factors that will determine what is best for you.  However, the decision to file a lawsuit or to settle remains with you, guided by our advice. In those cases in which a lawsuit is filed, the vast majority are settled prior to a trial. Only a very small percentage of cases actually require a trial.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: The term “personal injury” has replaced the legal word known as “tort claims” in our common usage. A tort claim is based upon proving someone had a duty (such as a duty of reasonable care in driving a car) and they negligently (carelessly) breached that duty, causing another person injury or harm.

Some common personal injury claims are:

• wrongful death
• auto accidents
• truck collisions
• motorcycle accidents
• slip/trip/fall/unsafe premises
• medical malpractice
• injuries to minors and children
• dog bites
• scooter accidents
• burn injury

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: There are 5 mistakes that can potentially ruin your Florida personal injury claim. This is why it is always best to consult with an experienced and knowledgeable Clearwater personal injury lawyer as soon as possible after your accident.

1. One of the first mistakes you can make in your personal injury claim is to misrepresent your injuries. This may mean exaggerating symptoms or claiming you are unable to participate in an activity when that isn’t true.

It’s not uncommon for an insurance company to investigate a claimant to determine if they are truly unable to do the things they have stated they cannot. If you are caught on camera participating in the very activity you claimed you were unable to do, you are likely to ruin your personal injury claim.

2. The second way to ruin your Florida personal injury claim is to let the insurance company record your conversations. Despite what a claims adjuster may tell you, you are under no obligation to let them record your conversations. The only reason they are even interested in such recordings is to get you to say something on tape that will allow them to reduce or deny your claim. Your Clearwater personal injury lawyer can help you learn what you should and should not say to insurance adjusters and can even take over communication for you.

3. The third way to ruin your Florida personal injury claim is to miss important appointments related to your injuries such as the doctor or therapy. This demonstrates that you are not serious about treating your injuries, which means the insurance company will not take your claim seriously.

4. The fourth way you can ruin your Florida personal injury claim is to not follow through on treatment recommendations from your doctor or to stop treatment too soon.

5. Finally, if you fail to adequately document your pain and symptoms, then you may ruin your Florida personal injury claim. Documentation is important evidence to prove the extent of your injuries. Keeping a pain journal is an excellent way to show how your accident injuries are affecting your everyday life as you recover.

If you want to learn more about the Florida injury claims process, start by requesting a complimentary copy of our Florida car accident guide. Or, if you prefer to speak to us right away, contact us today for a no-cost evaluation of your case at 727-446-0840.

A: The outcome of your Florida personal injury case depends largely on what evidence you present to the insurance companies involved in your claim. One of the most critical items used in determining your settlement is the recorded statements you give to the insurance adjusters when they question you about your accident.

Insurance adjusters may contact you from the other party’s company. They are concerned with settling your Florida personal injury case for the lowest amount of money possible. To do so, they will use well-phrased questions and try to coerce your answers to make your accident or injuries seem less serious or that you were at fault.

The more evidence they can gain from interviewing you in a recorded statement, the more they have to work with to damage your claim. The basis of your Florida personal injury case is negligence of the other party, and if they can trick you into admitting you were partially at fault for your injuries, they can justify offering a lower settlement.

Before speaking to anyone from the insurance companies you should consult with a Clearwater personal injury lawyer. An experienced lawyer will know the kinds of tricks and questioning the insurance adjusters use to try and get you to damage your claim. Even if you can avoid these tactics, you may still need the help of your lawyer to fully defend your accident claim and get a fair settlement for your injuries.

Contact the Jim Dodson Law to schedule a FREE consultation with a Clearwater personal injury lawyer about your Florida personal injury case at 727-446-0840.

A: I believe you should hire a lawyer you have met and one you feel you can absolutely trust. Many lawyers with the big Yellow Pages and T.V. ads are throwing a huge net to capture as many clients as possible. They deal in volume. Cases are handled by teams of paralegals, file handlers, and case managers. A client may never speak with their lawyer who may actually supervise a thousand files. We are different. We are selective of the cases we accept, which means we have more time for you and your case to be personally handled by your lawyer.

I have discussed this in my FREE book, Five Mistakes That Can Wreck Your Florida  Accident Case available on our website.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

Don’t wait to call. Florida has limits and deadlines on when you can bring a claim. Don’t let your claim be turned down or refused…call today!

A: There are two ways for a lawyer to be paid by a client for the work they perform. They can charge a client an hourly rate or use a contingency fee. With an hourly rate, a client is billed each month for each hour the lawyer works. Those bills must be paid each month whether the client recovers on their claim or not.

The Contingency fee was created to allow the average person access to the lawyer of their choice without the financial pressure of hourly billing. Under the contingent fee, the lawyer has the risk of not being paid if the case does not result in their client being compensated.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: Mediation is a process that has met with much success. It involves an informal conference at which the parties appear with their lawyers before an impartial mediator. The role of the mediator is to try to get the parties to reach a voluntary settlement. Mediation may be conducted before a lawsuit is filed. Once an accident case is in litigation, a mediation is required prior to it being tried before a jury.

We will fully discuss the mediation process with you as your case progresses.

If you have or a loved one have suffered a personal injury related to a Florida accident caused by the negligence of someone else, contact a Florida personal injury lawyer. An experienced personal injury lawyer can help you get the financial compensation that you deserve, allowing you to focus on recovery.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

Don’t wait to call. Florida has limits and deadlines on when you can bring a claim. Don’t let your claim be turned down or refused…call today!

A: Mock juries and focus groups are people who lawyers hire to hear the facts of an accident case and give their opinions before a case is actually tried in court. Typically, an ad is placed requesting people willing to serve and be paid a small fee for their time. They may be used to hear a case entirely from start to finish to evaluate evidence and reach a verdict. They may also be used to evaluate any part of a case.

For instance, we commonly use a mock jury to evaluate fall accident cases by showing photographs of the defective condition to get an opinion about whether the mock jurors believe the property owner should be found to be liable. Mock juries are valuable because they allow a lawyer to obtain the view of someone hearing the facts of the case for the first time, as a jury will.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: A statute of limitations is the period of time in which a lawsuit must be filed. In Florida, there is a specific period of time for each type of claim contained in the statute. For example, there is a period of time set forth in which a wrongful death claim must be filed, one for professional negligence, one for general accident claims and for other types of cases, as well.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: Compensatory damages are designed to compensate the injured person for injury damage and loss suffered as a consequence of the negligence of someone. The law recognizes certain elements of compensatory damages which may be awarded, such as: mental and physical pain, suffering, mental anguish, disability, loss of enjoyment of life, scarring and disfigurement, as well as financial losses such as: un-reimbursed medical expenses and medical expenses which will more than likely be incurred in the future, and loss of wages and the ability to earn.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: A deposition is an oral statement that you give under oath, which may be used to determine several things in a personal injury claim. The reason that a lawyer will want to take your deposition is to find out what you know about your accident and to preserve that information as testimony.

When you give a deposition, the defense will be able to learn the facts surrounding your accident case. This testimony may serve as evidence of your damages in a personal injury claim, as well as the value of those damages.

A deposition generally takes place in the court reporter’s office. In a deposition, an attorney will ask questions about your accident and you must answer these questions under oath. Your answers will be recorded by a court reporter, who will be present throughout the deposition.

The deposition process generally takes between 1 and 3 hours or more. What you say at your deposition will be taken very seriously, so you should listen carefully to the questions that are asked and give precise answers. Because you are under oath during a legal deposition, false statements that you make could have legal repercussions.

If you want to learn more about the Florida personal injury claims process, start by requesting a complimentary copy of our legal guide, Five Mistakes that Can Wreck Your Florida Car Accident Case. Or, if you prefer to speak to us right away, contact us today for a no-cost evaluation of your case at 888-340-0840.

Don’t wait to call. Florida has limits and deadlines on when you can bring a claim. Don’t let your claim be turned down or refused…call today!

A: When you file a claim with an insurance company you’ll be contacted by an adjuster working on behalf of the company. If you are filing a claim against more than 1 party or your accident included several vehicles, you may be dealing with several insurance adjusters. Before speaking to any insurance adjuster you should hire a personal injury lawyer to advise you.

The statements you give to any insurance adjuster are almost always used against your claim. Even an insurance adjuster from your own insurance company is only looking out for their own company’s interests. They want to ensure that they pay out the smallest settlement possible and will even try to get your claim denied completely.

An insurance adjuster is trained to get you to admit fault for your personal injury accident through careful questioning and prodding during phone interviews. Never allow an insurance adjuster to record a phone call, and instead tell the insurance adjuster that all communication will be handled through your attorney. That’s another advantage of hiring a Clearwater personal injury lawyer to work on your case; your attorney can deal with the insurance adjusters for you, ensuring you don’t say anything that could harm your injury claim.

An experienced personal injury lawyer should be very accustomed to dealing with insurance adjusters and understand their attempts to damage the facts of your claim. Many clients who are deserving of compensation for their personal injury claims have found themselves out of luck after a recorded statement phone interview with a crafty insurance adjuster.

Before speaking to an insurance adjuster, order a FREE copy of my consumer guide, The Five Mistakes That Can Wreck Your Florida Accident Case or contact Jim Dodson Law to schedule a FREE consultation with a Clearwater personal injury lawyer about your case at 727-446-0840.

A: Insurance adjusters who are assigned to your case may want to talk to you about your Clearwater car accident claim. While most will be very friendly and personable, you should know that ultimately, their goal is to get you to settle for a low amount and to settle as quickly as possible.

This is why you should first seek legal counsel from a car accident lawyer in the area. A lawyer understands the tactics that an insurance adjuster may use in order to work in their best interests rather than yours.

Insurance companies don’t want to pay out on your car accident claim, so they will do whatever they can to deny or reduce your claim. They may also try to lead you into saying something that could be used against you.

Although you don’t necessarily have to avoid speaking with an insurance adjuster, you should be cautious about what you share. Keep conversation to a minimum, sticking only to the basic facts of your car accident claim. Don’t offer more information than is necessary.

You should also know to never sign anything without first consulting with an accident lawyer in the area. This includes a medical release form, a written statement, an agreement to record your conversations, or a settlement.

Before you proceed any further with your car accident claim, you should immediately seek the help of an accident lawyer in the Clearwater area. They will evaluate your case and determine what your legal rights are.

Before speaking to an insurance adjuster, order a FREE copy of my consumer guide, The Five Mistakes That Can Wreck Your Florida Accident Case or contact Jim Dodson Law to schedule a FREE consultation with a Clearwater personal injury lawyer about your case at 727-446-0840.

A: Yes, there are absolutely exceptions to Personal Injury Protection (PIP) insurance. But in order to understand these exceptions you must first understand what PIP insurance does cover.

PIP Insurance Coverage
PIP, or “no fault,” auto insurance is required for all motor vehicle owners in the state of Florida. As the owner of the vehicle, you are named on your Florida PIP insurance policy and are covered as the “named insured.”

Aside from yourself, as the driver of a vehicle in Florida, there are several other conditions and parties that are covered under your PIP insurance. Other covered parties and conditions include:

• Yourself, as a pedestrian outside of your vehicle, struck by another vehicle;
• Yourself, as a passenger in another’s vehicle;
• Your children living with you, as drivers, pedestrians or passengers; and
• Any other relatives living with you, as drivers, pedestrians or passengers.

Coverage will apply out of state so long as you, your children or relatives are injured in your insured vehicle.

Exceptions to PIP Coverage
Unfortunately, the above listed parties and conditions included in Florida PIP insurance coverage are not absolute.
The exceptions to Florida PIP insurance coverage include:

• Your relatives residing with you or passengers in your vehicle who have their own vehicle licensed in Florida; or
• Your relatives residing with you or passengers in your vehicle who have their own vehicle that is required to be licensed in Florida.

These individuals are not covered by your Florida PIP insurance because they are required by state laws to have PIP insurance of their own.

The final exception to your coverage comes into play if you are out of state and not in your own insured vehicle. If you are not in your own vehicle and not in the state of Florida, your Florida PIP insurance will not cover your injuries.

Contact Jim Dodson Law to set up a FREE consultation with a Clearwater car accident attorney about your case at 727-446-0840.

A: If you have been injured in a Florida accident, such as a motor vehicle accident or even a serious slip and fall, you may be entitled to recover damages. By filing a Florida injury claim against the liable party or parties, you may be able to recover compensation for your medical costs, lost wages, and pain and suffering among other accident-related expenses. While your insurance company may cover the cost of some of your medical treatments, you can go after the responsible driver to get reimbursed for the remainder of your expenses. Damages you may recover related to medical expenses include your past medical bills (that were not covered by your insurance policy) and future medical costs.

Future expenses may include rehabilitation, massage therapy, or surgeries that may be required at a later date. Your Clearwater personal injury lawyer may work with a medical expert to estimate the cost of future medical treatments.

If you were unable to work as a result of your injuries, you may also recover damages for your lost wages. Some injuries may make it impossible for a person to go back to work, while some injuries may mean that a person has to choose a different profession. If this is the case, you may request compensation for the loss of future earning capacity.

A person who has suffered serious, long-term injuries may also seek compensation for pain and suffering in his or her Florida injury claim. A Clearwater personal injury lawyer can work with specialists to determine an appropriate amount to request. Contact us today for a free consultation at 727-446-0840.

A: Bodily Injury Liability coverage is your insurance in the event that you are responsible for a car crash in which another person was injured. Under this insurance, you and your assets are personally protected even when you are at fault.

When you attain a Bodily Injury Liability insurance policy, you are signing a contract with your insurance company. This contract requires your insurance company to defend you and cover all damages and losses you have caused in an accident.

Exactly how many damages and losses your insurer will cover is determined by the limits of your liability coverage. When creating your policy, you can buy into however high or low a limit as you see fit; the lower your limit, the less coverage will be available to you when you need it.

Bodily Injury Liability coverage is incredibly important when you are at fault in an accident, but it is even more important when you are not at fault. If you have been injured in an accident caused by another driver, your settlement may hinge on whether that driver has Bodily Injury Liability coverage. Without it, compensation for your damages and medical expenses becomes uncertain.

The importance of Bodily Injury Liability coverage cannot be overstated. Unfortunately, many careless drivers or those who are struggling to make ends meet may opt not to carry sufficient Bodily Injury Liability. Statistics show that too many people are recklessly taking to the road with minimal coverage limits, some without any coverage at all.

Contact Jim Dodson Law to set up a FREE consultation with a Clearwater car accident attorney about your case at 727-446-0840.

A: According to Florida’s no-fault insurance law, anyone with auto insurance is covered by no-fault insurance. Your auto insurer will compensate you for your injuries regardless of who was at fault for an accident.

However, any property damage that was caused should be covered by the at-fault party. If you have questions about Florida’s no-fault insurance law, you can contact an experienced Clearwater personal injury attorney.

According to Florida’s no-fault insurance law, all motorists must have a minimum of $10,000 personal injury (PIP) insurance coverage, and $10,000 of property damage liability (PDL) insurance coverage.

Florida’s no-fault insurance law was developed to help reduce the number of car accident lawsuits. PIP coverage is meant to help pay for a victim’s medical expenses, as well as for a passengers’ expenses. PIP will provide coverage up to the limit amounts that are given by a policy.

PIP will protect you while in your own vehicle, or while you are in someone else’s vehicle. PDL, on the other hand, covers certain property damages up to the limit of the policy.

Apart from these two mandatory types of coverage, you may also purchase:

• injury liability coverage;
• collision coverage;
• comprehensive coverage; and
• uninsured/underinsured motorist bodily injury coverage.

Even if you have insurance coverage, you may want to contact a personal injury attorney if you’ve been injured. In cases where you need more compensation than your PIP policy limit will allow, a Clearwater personal injury attorney can work to hold the responsible party accountable for your injuries. Contact Jim Dodson Law to schedule a no cost evaluation with a personal injury attorney about your case at 727-446-0840.

A: The amount of time it takes to settle an auto accident claim in Florida will depend on a variety of factors. A car accident lawyer will evaluate your case to determine who was negligent, what the extent of your injuries are and what types of compensation (money)  you may be entitled to pursue as well as what insurance is available. All of these factors, plus others will impact how long your case may take to resolve.

It’s not uncommon to be concerned about how long it will take to settle an auto accident claim in Florida, especially if you have suffered serious injuries. You may be out of work and facing a lot of expenses which require immediate financial help.

Florida personal injury claims can be very complex. Although many are resolved within a year, cases that require a lawsuit or cases that are complex will take longer to resolve.
The process can be made even more complicated where there are devastating injuries requiring prolonged treatment.

Factors to consider when determining how long it may take to settle your accident claim:

• whether fault is admitted by the other driver’s insurance company or when they dispute their driver caused the accident and a lawsuit is required to decide the issue.
• how long it takes to complete medical treatment required for your injuries.
• whether a settlement amount can be agreed upon or the insurance company refuses to pay a fair amount to settle and
• whether your attorney has the experience to make sure your case is not being delayed.

Choosing the right attorney is one of the most important things you can do when pursuing a Florida injury claim. To learn more about how we can assist you, contact us today at 727-446-0840 for a no-cost evaluation of your case.

A: Uninsured motorist coverage in Florida will provide protection if you are involved in a car accident caused by a driver who does not have enough bodily injury liability insurance to pay the full value of your claim. Part of your bodily injury claim may include medical expenses not paid by your personal injury protection (PIP.) Uninsured motorist coverage protects you and the occupants of your vehicle by paying for required medical treatment.

Uninsured Motorist Coverage in Florida and ERISA Laws - If your insurance agent advised you to skip uninsured motorist coverage in Florida or to buy low limits because you have good employer sponsored health insurance, you may want to think twice. Many employer-sponsored health insurance plans which pay your required medical expenses resulting from a car accident would have the right to be fully reimbursed if you won a Florida personal injury claim. This could leave you empty-handed.

The Federal Employee Retirement Income Security Act of 1974 (ERISA laws) has made it easier for many employer-sponsored health insurers to get fully reimbursed from your settlement. ERISA laws override Florida laws which would prevent such full reimbursement.

ERISA laws give the health insurer the right to include statements pertaining to full and complete reimbursement in policy documents. In addition, most all health insurance plans, even those not covered by ERISA laws, also have reimbursement rights including Medicare and Medicaid.

The bottom line is that you will have to repay medical expenses paid by your health insurer if you win a settlement. Your only protection for full recovery is purchasing adequate uninsured motorist insurance coverage so that reimbursement of these liens doesn’t eat up all your settlement.

To learn more about the value of Florida uninsured motorist coverage, request a copy of Mr. Dodson’s free report entitled, “Buying Car Insurance” on our website at www.jimdodsonlaw.com. If you have immediate questions call for an opportunity to speak to Atty. Dodson directly @ 727-446-0840.

A: In any Florida traffic accident, someone is liable. The simple rule is, whoever was careless was the liable party. In some cases one party violated a traffic law in which case determining negligence fairly straightforward. Others instances aren’t so clear-cut.

Some states, including Florida, use what is called comparative fault to measure damages. This means that negligence in a Florida traffic accident can be shared among involved parties.For instance, let’s say Tricia was involved in a traffic accident with Allison. It was determined that Tricia was 80% responsible for the accident and Allison was 20% responsible for the accident. Total damages to Allison’s car were $10,000. Allison would be able to recover $8,000, or 20% less than the total amount. She would be liable for the remaining $2,000 in damages.

The insurance claims adjuster will initially determine comparative liability in a traffic accident. This can be based on the traffic accident report, an assessment of the vehicles involved, and other factors.

This is where hiring a Florida traffic accident attorney can be very useful and a financially astute move. A Florida car accident attorney is experienced in negotiating with insurance adjusters and can help compile evidence to prove the other party’s liability in your case.

Contact Jim Dodson Law to set up a FREE consultation with a Clearwater car accident attorney about your case at 727-446-0840.

A: If you were injured in a car accidentwhen someone made a left turn, the car that made the left turn will most likely be held liable. In left turn accidents, the fault is almost always placed on the person who made the left turn.

According to Florida traffic laws, a car making a left turn should yield to oncoming vehicles and only turn when it is safe. Therefore, a motor vehicle accident is often the fault of the driver making the left turn. The only times this rule may not apply are when:

• the other driver was driving above the speed limit;
• the other driver failed to stop at a red traffic signal; or
• an unexpected event caused the car to stop during the left turn.

If you have been injured in a car accident in Clearwater because of an illegal left turn, you may be eligible for compensation in a personal injury claim. In a Florida personal injury claim, you may recover damages such as your medical expenses, any pain that you have suffered, and any wages that you may have lost because of your injuries and recovery.

To learn more about your legal options after a car accident, including filing a Florida personal injury claim, you can get the professional help of a personal injury lawyer. Contact us today for a free consultation at 727-446-0840.

A:  In most cases, you will have to undergo an independent medical examination (IME) after a Florida car accident. Many accident victims are skeptical of the IME-and rightfully so- since it is essentially an examination with a doctor of the insurance company’s choosing.

Although an IME is just a one-time appointment, it can unfortunately be used as a way to stop or deny benefits you could receive from a personal injury claim. This means if the treatment you’ve been receiving after your car accident really has been helping you, and the physician performing the independent medical examination deems future treatment unnecessary, you may be left to shoulder any future costs yourself.

If an insurance company has asked you to submit to an IME after your Florida car accident, you may want to consider hiring a car accident lawyer to prevent insurance adjusters from taking advantage of you during this vulnerable time.

Your car accident lawyer will do the following:

• Review your insurance policy – you may not have to submit to an independent medical examination, depending on your policy’s stipulations.
• Insist a third party observer be present – this way, if a doctor does seem to make a questionable diagnosis, you’ll have a viable witness.
• Brief you before the exam – your Tampa car accident lawyer knows what the insurance company is looking to hear, and that the doctor may be looking for any discrepancies between your story and your current injuries.

The car accident claims process can be daunting, to say the least. If an IME is unavoidable in your case, your car accident lawyer will work with you to make sure you don’t inadvertently damage your personal injury claim. Contact us today at 727-446-0840.

A: Yes, you should notify the police if you are in a motor vehicle accidentin Clearwater. There are important reasons for this, including that it is the law. If you have been injured and it was because of the negligence of another, you should also consult with a Clearwater personal injury lawyer.

According to Florida Statutes, FSS 316.062, you are required to not only provide your contact information and render aid when someone is injured; you are to specifically give your information to a police officer. This includes your name, address, registration number and driver’s license information.

The legality of notifying the police is just one aspect of an accident. A police report can be a critical piece of evidence in a Florida personal injury claim. When someone else’s negligence is the cause of your accident and you are injured, you will want to seek compensation.

One of the ways to establish a strong Florida personal injury claim is to have evidence that can prove the liability of another driver. A personal injury lawyer will utilize all documents, pictures and reports that can help in your case. A police report can be a key component of your personal injury claim.

Contact us today for a no-cost evaluation of your case at 727-446-0840.

A: Every rear-end collision in Florida is unique, but in most cases Florida law finds that the driver who hits the other vehicle is liable for the crash. If you have been involved in a rear-end collisionin Florida it’s best to contact a Clearwater personal injury attorney to examine your case and help you determine if you have a valid claim.

Florida traffic laws state that drivers must maintain a safe following distance from the vehicle in front of them to avoid a rear-end accident. If you are following too closely and the car in front of you has to stop abruptly you increase the chances of causing a rear-end accident.

However, there are some instances in which you may not have been liable for the rear-end collision, even if you were the driver who hit the other vehicle. If the other driver was driving recklessly and needlessly stopped without allowing you proper time to react, you may not be at fault.

In any type of Florida car accident you will need to prove that the other party was negligent and caused your accident. However, even if your actions did contribute to a rear-end accident, you may still be eligible to recover compensation but your settlement will be reduced by your degree of fault. A Clearwater personal injury attorney can help you negotiate the lowest degree of fault so you obtain a fair amount for your damages. Contact us today for a no-cost evaluation of your case at 727-446-0840.

A: If the other driver involved in your car accident was talking on the phone and not paying attention, it could possibly factor into your Florida personal injury claim.

Even though there are no laws in Florida prohibiting cell phone use while driving, talking on a cell phone is undeniably a distracting activity; therefore, you should contact a car accident lawyer to help prove your case and fight for the compensation you deserve.

Your Florida personal injury claim is processed based on the principle of comparative negligence, by which damages are awarded to each party based on their percentage of liability for your car accident in Clearwater. The driver who carries more liability for your car accident in Clearwater will pay more in damages.

For instance, if you were speeding and a distracted driver on a cell phone merged lanes into you, the percentage of damages awarded to each of you would be more similar than if you were obeying all traffic laws and were struck by the same distracted driver on a cell phone.

By using evidence such as witness testimony and police reports, a personal injury lawyer can help you prove that a distracted driver carries more liability for your car accident in Clearwater. By effectively pinpointing the other driver’s distracting behaviors, you may be able to recover a greater percentage of damages.

Contact us today for a no-cost evaluation at 727-446-0840.

A: Punitive damages are intended to punish the offender and are not covered by insurance. Punitive damages are reserved for most outrageous conduct. There are standards made by the court which must be met in order to make allegations in a law suit that they should be imposed. Punitive damages are meant to punish intentional behavior and reckless disregard for safety. A common example is someone driving drunk which results in bodily harm.

When making allegations of punitive damages you must ask, can you collect them? You are rarely able to collect punitive damages against a private individual. They are more likely to be collected against a business or a corporation.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: There are several Florida statutes that address what could be considered aggressive driving through a crosswalk.

To summarize a few:

• When the traffic light is red – drivers are required to stop before reaching the crosswalk. If there is no crosswalk, drivers must stop before reaching the intersection. If there is a crosswalk, drivers must allow a pedestrian who has the proper signal to cross the street.
• When the circular traffic light facing the pedestrian is green – the pedestrian has the right to proceed across a marked or unmarked crosswalk. Motor vehicles facing the circular green light must proceed cautiously straight or make a left or right turn, if permitted and yield (stop or slow down) to any pedestrians in the intersection or crosswalk.
• When there is a green arrow – vehicles are allowed to enter the intersection. They must yield to any pedestrians in a crosswalk.
• When there is a steady yellow light – if a driver has been in the intersection waiting to make a left turn, they must yield to pedestrians.
• If a visually impaired pedestrian is guided by a dog or is carrying a white cane in an extended or raised position – drivers must stop completely to avoid injuring the pedestrian. Drivers must also stop if someone using a wheelchair, service animal or other mobility aid crosses a roadway.

According to Florida Statute 316.1923, aggressive driving involves at least 2 of the following:

• speeding;
• improperly or unsafely changing lanes;
• following too closely;
• failing to yield the right-of-way;
• improper passing; and
• failing to obey traffic signs and signals.

If someone was displaying aggressive driving behavior and their actions caused you to be injured in a pedestrian accident in Florida, you may be able to hold them liable for your injuries.

Contact us today for a no-cost evaluation of your case at 727-446-0840.

A: After an accident, brain injury can occur, which oftentimes leads to long-term effects including motor damage and certain neurological diseases. If you or someone you love has suffered a serious injury in a car accident in St. Petersburg, you should talk to a Florida brain injury attorneyabout making a claim.

Brain injuries can affect cognitive, physical and psychological skills. In addition to the direct symptoms and effects of a brain injury, such as loss of consciousness, mental confusion and blurred vision, numerous long-term effects may develop over time.

Post-Injury Problems of Brain Injury from Car Accident

• Parkinson’s Disease – Parkinson’s, a chronic and progressive disorder, may develop after a brain injury as a result of damage to the basal ganglia, a brain structure that controls movement.
• Alzheimer’s Disease – the more severe the head injury, the higher the chances are of developing Alzheimer’s disease, a progressive, neurodegenerative disease.
• Dementia – dementia, which is characterized by long-term memory problems, can result from accidents that cause a coma-inducing brain injury.

Life can change in the blink of an eye when you or a loved one is involved in a car accident. Getting the best medical treatment available, both immediate and long-term, is vital to maintaining the highest possible degree of health.

To seek compensation for injuries sustained in a car accident in St. Petersburg, including long-term medical treatments, speak with a Florida brain injury attorney. You shouldn’t have to worry about paying for expensive medical treatments when someone else may be to blame for your injuries.

If you want to learn more, start by requesting a free copy of our legal guide. If you prefer to speak to us right away, contact us today for a no-cost evaluation of your case at 727-446-0840.

A: When you suffer a neck injury and experience chronic pain, you may have a disc injury that is best detected by an MRI scan. Your primary doctor, or even a chiropractor, can order an MRI to determine the extent of your injuries. If you are filing a Florida personal injury claim with the help of a personal injury lawyer you will find the results of an MRI can be a critical part of your claim evidence.

After you have the MRI, it will be read by a professional technician or doctor. The scan will be conducted at an outpatient imaging center, a hospital, or even in some doctors’ offices. You will want to request a copy of the MRI as well as the report for your personal injury lawyer to use in your Florida personal injury claim.

If your MRI shows signs of a serious neck injury such as tears in the neck ligaments, herniated discs between the neck vertebra or bulging spinal discs, this can be excellent evidence for your Florida personal injury claim. The more medical evidence you have of your neck injury the better as it will help your personal injury lawyer support your claim.

Recovering from your injuries after a Florida accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer, order a FREE copy of my consumer guide, The Five Mistakes That Can Wreck Your Florida Accident Case or contact Jim Dodson Law to schedule a FREE consultation with a Clearwater car accident attorney about your case at 727-446-0840.

A: The spinal cord is a long, thin tubular bundle of nervous tissue and support cells which extend from the brain down the middle of the back. It is surrounded and protected by the bony vertebral column. The brain and the spinal cord together make up the Central Nervous System. The spinal cord carries messages between the brain and the rest of the body. These messages allow you to move and to feel touch, among other things. A spinal cord injury stops the flow of messages below the site of the injury. The closer the injury is to the brain, the more the body is affected.

What causes a spinal cord injury? 
In addition to disease, a spinal cord injury commonly occurs as the result of  trauma caused by a car accident, a motorcycle accident, a slip and fall accident, or a child injury.

What exactly is a herniated lumbar disc?
The lower spine has a series of vertebra through which the spinal cord runs. Each vertebra is separated by a disc which cushions the vertebra and promotes comfortable movement of the disc as we bend. Nerves controlling muscle function for the lower body branch off the spinal cord and pass through spaces in the vertebra as they connect to various muscles. The discs separating the vertebra are made up of a jelly-like center disc material encased in a strong fiberous like covering. If the disc covering is damaged, it allows the disc material to partially escape. When that happens, the disc material often comes into contact with an adjacent nerve root coming off the spinal cord. It may also touch or impinge upon the spinal cord itself. Contact with these nerves causes pain which manifests itself in many different ways. It is the esccape of the disc material from within a lumbar disc which is being described as a “herniated” lumbar disc.

Radiologists distinguish how much the disc material is pushing out of the disc with terms such as disc bulge (the least amount), disc protrusion, disc herniation and frank herniation (total escape of the material.) These conditions may be caused by the wear and tear process of disc degeneration as we age, an injury from trauma, or from a combination of the two.

What are the symptoms of a herniated disc?
Low back pain is the initial symptom for most people with a herniated disc. The pain may last for a few days, then improve. Many times this is followed by the eventual onset of additional symptoms such as numbness, weakness and leg pain. This leg pain typically involves the leg below the knee, and foot and ankle. It is described as moving from the back or buttock down the leg into the foot. Symptoms may be one or all of the following: back pain, leg and/or foot pain (sciatica), weakness in the leg and/or foot, numbness in the leg and/or foot.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: Whiplash is a non-medical term used to describe neck pain. Doctors may use more specific terms such as cervical sprain, cervical strain or hyper flexion injury. Whiplash is an injury caused by the neck and head being thrown suddenly backward then forward upon impact, such as in a car crash. The impact forces the neck and head beyond their normal range of movement, causing tissue damage and pain.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: A traumatic brain injury (TBI) results from a traumatic event effecting the head and brain. This results from a direct blow to the head or significant force to the brain as in a sudden acceleration/deceleration. TBI produce symptoms including visual disturbance, confusion, dizziness, headache, tinnitis (ringing of the ear), lack of energy, sleep disturbance, mood instability, attention deficit, difficulty with concentration, and a loss of sense of trust.

What type of accidents cause traumatic brain injury (TBI)?
The National Institute of Health reports half of all traumatic brain injuries,TBI, are caused by car collisions, motorcycle collisions and bicycle accidents. Among older people, falls are the leading cause.

Which age groups are the highest risk  for TBI?
The CDC (Center for Disease Control and Prevention) reports the two age groups at highest risk for traumatic brain injury are children ages 4 and under and young adults, 15-19 years of age.

What are the long term consequences of traumatic brain injury?
The Centers for Disease Control and Prevention estimates at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of TBI. According to one study, about 40% of those hospitalized with a TBI had at least one unmet need for services one year after their injury. The most frequent unmet needs were: improving memory and problem solving; managing stress and emotional upset; controlling one’s temper; and improving one’s job skills. TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. It can also cause epilepsy and increase the risk for conditions such as Alzheimer’s Disease, Parkinson’s disease, and other brain disorders that become more prevalent with age. (CDC/updated 7/06)

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: A rotator cuff tear is a common source of shoulder pain. This is damage to the tendon attaching the muscle to the shoulder, frequently the supraspinatus tendon.

What is a rotator cuff? The rotator cuff describes a group of four muscles which surround the ball of the shoulder joint. Beneath them is a bursa (sac) which allows the muscles to glide freely when moved. These muscles stabilize the shoulder joint, allow rotation, as well as, elevation of the arm.

Tears are commonly caused by wear and tear of aging. They may become frayed as the tendon rubs across a small bone spur, which is a degenerative condition. The tendon may have a partial or complete tear. A torn rotator cuff  may be caused by trauma from an accident. Many times accidents aggravate a previously degenerated tear which had not yet been damaged sufficiently to cause symptoms such as a pain or weakness until the accident occurred. A rotator cuff injury may cause pain, restricted range of motion and weakness.

To learn more about how a Clearwater personal injury lawyer can assist you with your case, contact us at 727-446-0840.

A: After a car accident in Florida, negligence is determined when insurance companies investigate each party’s degree of fault, or in a court of law if the claim goes to trial. Under Florida’s law of comparative negligence, the victim’s compensation will be reduced by their own percentage of fault. So in essence, Florida law could reduce the total amount of damages you are awarded in a personal injury case.

For example, if you were injured in a car accident in Clearwater when another vehicle failed to stop at a stop sign, but you were speeding at the time of the crash, then it may be determined that you were 25% at fault for the accident. In this case, your compensation would be reduced by a total of 25%.

So if after this car accident a jury awards you $50,000, then you would actually receive $37,500 in compensation ($50,000-25%). Your compensation may also be limited by Florida’s joint and several liability rules which sets caps on economic damages based on your and the defendant’s degree of fault.

To better understand Florida’s comparative negligence law, you can get the advice of an experienced personal injury attorney. With the guidance of an experienced personal injury attorney, you may claim damages for your medical expenses, pain and suffering and lost wages, as well as other economic and non-economic considerations.

While no personal injury lawyer can guarantee how much compensation, if any, you will recover through a Florida personal injury claim, an experienced attorney can help you look at the specifics of your case to determine a fair value based on your medical bills, other accident expenses, and how your injuries have impacted your quality of life. A personal injury attorney can also negotiate with the insurance company on your behalf if their initial settlement offer is too low.

Recovering from your injuries after a Florida accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer, order a complimentary copy of my consumer guide, The Five Mistakes That Can Wreck Your Florida Accident Case or contact Jim Dodson Law to set up a no-cost consultation with a Clearwater personal injury attorney about your case at 727-446-0840.

A: There is no definite way to know whether the settlement you are offered on your Florida injury claim is fair. The short answer is that by having the help of an attorney you have the best bet in understanding whether your settlement is fair. Of course, every case is unique and will depend on a number of circumstances.

A Clearwater personal injury attorney will make sure that your settlement addresses past, current and future medical expenses, along with lost wages and any other damages that may be related to your injuries.

Determining a Fair Settlement in a Florida Injury Claim – Some of the things that will determine recovering a fair settlement in a Florida injury claim may include:

• Extent of Your Injuries – whether they are temporary or permanent, if your injuries will result in a need for therapy or life-time care, etc.;
• Income – not only lost income from missed time off work but earning potential if you are unable to continue in your occupation;
• Fatalities – if you also lost someone you love in the accident that caused your injuries, you may be eligible to pursue a separate claim for wrongful death; and
• Third Party – if there is a third party involved that may also be held liable, such as cases involving a defective product or a truck accident.

Insurance companies are looking to pay out as little as possible and to get you to settle as quickly as possible. The only real way to ensure that you are getting a fair settlement is to have the help of an experienced personal injury attorney. A personal injury attorney can examine the facts of your case and help you to determine if you may have a valid Florida injury claim.

If you want to learn more about the Florida injury claims process, start by requesting a free copy of our legal guide, Five Mistakes that Can Wreck Your Florida Accident Case. Or, if you prefer to speak to us right away, contact us today for a no-cost evaluation of your case at 727-446-0840.

A: An out of court settlement, otherwise known as a negotiated settlement, is an arrangement that can be set up by your personal injury lawyer to establish the outcome of your suit without the inclusion of a judge, jury or the trial process. Both attorneys are involved in the process and it sometimes can be more preferable than a long court case.

Insurance companies prefer to settle out of court because it reduces their court costs. They are more likely to agree to a settlement without the inclusion of the judge and jury. It is not recommended that you accept an out of court offer from an insurance company without the advice of your personal injury lawyer.

It is imperative that you allow your personal injury lawyer to discuss the terms of your out of court settlement with the insurance company so that you receive the maximum compensation allowable.

Without representation, the insurance company may try to low-ball you. It is in the insurance company’s interest to maintain its profits, and that includes retaining as much money as possible when negotiating settlements.

An out of court settlement can be a positive experience for all involved, if properly negotiated. Remember, once you agree to an out of court settlement, you relinquish all rights to a trial. Confer with your lawyer before taking any serious legal actions.

Contact Jim Dodson Law to set up a FREE consultation with a Clearwater car accident attorney about your case at 727-446-0840.

A: A structured settlement is a large settlement that may be paid over the course of several years rather than being paid in one large lump sum. If you win a settlement in a Florida personal injury lawsuit, your payments may be structured so that you get paid monthly, annually, or receive a large settlement periodically. It is left to the discretion of the parties involved to determine the frequency and amount of the payments.

Structured settlements have certain advantages. For example, you may avoid the high taxes. A structured settlement can also ensure that an injury victim does not spend his or her recovery money at one time; since the payments are spread out, they can help the victim pay for his or her medical treatments and for future care.

The disadvantage of choosing a personal injury lawsuit structured settlement is that you may be unable to pay off your medical expenses as quickly as you would like, because the money comes in smaller installments.

If you have recently been injured in an accident and have questions about structured settlements in a Florida injury claim case, you should speak with an experienced Clearwater personal injury lawyer who can explain your legal options based on the specifics of your accident. Contact us at 727-446-0840.

A: By all means, if you’ve been injured in a car accident in Florida and you want to settle your Florida personal injury case on your own without an attorney, you can.

It is your choice whether or not to hire a personal injury attorney to represent you. Chances are, though, if you try to settle your Florida personal injury case on your own, you’ll end up frustrated, overwhelmed, and worst of all, with an inadequate settlement that won’t cover the extent of your expenses.

That’s because personal injury claims involve insurance adjusters, who are typically out to undervalue your claim, in order to keep their company’s budget in check. If you plan to go it alone and settle your Florida personal injury claim, you’d better clear some space in your schedule, because there are numerous hurdles you’ll have to cross to even get to the part in your claim where you reach a settlement, if one is offered at all.

The following is just a glimpse of the tasks a personal injury attorney can help you with after your accident in Florida:

• take over all communications with the insurance companies on your behalf;
• analyze both your and other parties insurance policies to determine your legal options;
• gather evidence and records to begin building your injury claim;
• contact witnesses and get statements;
• work with accident re-constructionists or other experts to help defend your claim;
• negotiate with the insurance company for a fair settlement; and
• if necessary, take your claim to court as a formal lawsuit.

Fulfilling the role of a personal injury attorney will be a full-time job after your accident. In order to give your Florida personal injury claim the attention it deserves you may want to consider hiring an attorney to help you with this lengthy legal process. Contact us today for a no-cost evaluation at 727-446-0840.