Personal Injury FAQs

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Personal Injury FAQs

212 FAQs where found , 30 in this page

Should I sign medical authorization forms for the insurance company?

You should not sign medical authorization forms from the insurance company without first consulting your attorney. These forms may give the insurer access to a broad range of medical records, including information unrelated to the car accident. Insurance companies sometimes use this information to dispute the severity of your injuries or argue that they were pre-existing.

How much money will a jury award me?

The value of a car accident case depends on many factors, including the severity of your injuries, the cost of your medical treatment, lost wages, future care needs, property damage, and pain and suffering. No attorney can promise a specific jury award at the start of a case. A thorough investigation and review of the evidence are necessary before estimating the potential value of your claim.

Can I deal with the insurance company on my own?

You may be able to deal with the insurance company on your own, but it can be risky. Insurance adjusters and defense lawyers work to minimize payouts, and without legal guidance, you may accept less than your case is worth or say something that harms your claim. An experienced Houston car accident lawyer can handle negotiations, protect your rights, and work to recover the compensation you deserve.

Do I have to be injured in my workplace to be entitled to worker's compensation?

No. Whenever your injury is related to your job, it will be covered. For example, you will be covered if you suffer an injury while on a business trip, doing work-related commissions, or even if you are attending a social gathering required for your work.

Can I be treated by my doctor and, if not, can I trust a doctor provided by my employer?

In some states, you have the right to see your doctor if you request in writing before the injury. However, injured workers are referred to a doctor hired and paid by their employers. Yet your doctor's report will have a significant impact on the benefits you will receive. Keep in mind that the doctor paid by your employer's insurance company is not your friend. The desire to have future business with your employer or the insurance company can motivate the doctor to minimize the severity of your injury or identify the injury as a pre-existing condition.

What types of benefits can I receive?

The compensation will be unique in each case, but often covers medical expenses, payments for lost wages, physical rehabilitation, and compensation for wrongful death.

If I am undocumented, can I receive workers' compensation benefits?

All workers receive the same benefits as long as they are working. You can receive worker's compensation benefits even if you are undocumented and you are paid in cash.

How long do I have to report a work-related accident to my employer?

In Florida, injured workers should report a work-related accident to their employer as soon as possible, but no later than 30 days. Reporting quickly helps protect your claim, document how the injury happened, and reduce the chance that the insurance carrier argues the injury was not work-related.

How long do I have to file a workers’ compensation claim in Florida?

In general, Florida workers have up to two years to file a Petition for Benefits, but the deadline can depend on the specific issue in dispute and whether benefits or medical treatment have already been provided. Because missing a deadline can affect your right to benefits, it is important to speak with a Miami workers compensation lawyer as soon as possible.

Can I change doctors in my workers’ compensation case?

Yes. Florida law generally allows an injured worker to request one change of physician during the course of treatment. The request should be made in writing, and because the doctor you see can affect your treatment, restrictions, benefits, and settlement value, it is wise to speak with an attorney before making the request.

What should I do if my workers’ compensation claim is denied?

If your workers’ compensation claim is denied, you should not assume the decision is final. Claims may be denied because of late reporting, disputes over whether the injury happened at work, alleged pre-existing conditions, missing medical documentation, or insurance carrier objections. A workers compensation attorney can review the denial, gather evidence, and help pursue the benefits you may be owed.

What benefits can I receive after a workplace injury in Florida?

Workers’ compensation may cover authorized medical treatment, a portion of lost wages, temporary disability benefits, permanent impairment benefits, and other benefits depending on your injury and work restrictions. The exact benefits available depend on your medical condition, your wages, your doctor’s restrictions, and whether the insurance carrier accepts or disputes the claim.

Can I sue my employer after a work injury?

In many Florida workplace injury cases, workers’ compensation is the primary remedy against the employer, meaning you usually do not need to prove negligence to receive benefits. However, if a third party caused or contributed to the accident, such as a subcontractor, negligent driver, property owner, or equipment manufacturer, you may also have a separate personal injury claim.

What if my employer does not have workers’ compensation insurance?

You may still have options if your employer does not have workers’ compensation insurance. Florida has coverage requirements for many employers, and if an employer failed to carry required coverage, the case may involve additional legal remedies, penalties, or claims against other responsible parties. A workers compensation lawyer can review whether coverage was required and what options may be available.

Do I need a lawyer for a workers’ compensation claim in Miami?

You should report the injury, request medical care, document what happened, keep copies of records, and avoid giving statements that minimize your injury. If your employer refuses to report the accident, delays treatment, or the insurance carrier denies benefits, a Miami workers compensation lawyer can help protect your rights and move the claim forward.

There is the talk of the risks of getting involved in an accident with a commercial truck. What exactly is a "commercial truck"?

A commercial truck or "big truck" is a vehicle that is exploited for the transport of industrial goods (cement, construction materials, parts or heavy machinery, chemical substances, etc) Some are eighteen-wheeled truck trailers, tankers, delivery, and cargo vehicles. Commercial trucks are much larger than the vans that companies use for their daily activities, have a specific purpose and require a commercial driver's license to operate.

Why are truck accident injuries more significant than those vehicles only carrying passengers?

Because differences in size and weight make, cars are logically more vulnerable at the time of a collision.

What are the most common factors in collisions between commercial trucks and automobiles?

The limits associated with acceleration, braking, fast maneuvering possibilities and visibility.

I was injured in a truck accident in which the other driver was at fault. Can I receive my wages for the time I was unable to work?

Yes. Your recovery in a personal injury action may include the payment of lost income for this cause, plus compensation for any loss of any earnings due to you resulting because of the accident.

If I have been partially guilty of the truck accident, can I win the lawsuit?

It depends on the degree of your fault. There is a legislative doctrine known as "Comparative Negligence" which assesses the responsibility of all those involved and determines percentages of failure to adjust the damages that must be paid. If your carelessness was 50 or 51%, depending on the state, you do not recover anything.

I did not have my helmet on during my motorcycle accident. Can I receive compensation?

If your state has a cause related to the use of your helmet, you may receive compensation for this. Receiving payment for a motorcycle accident involves the types of negligence, comparative and cooperative. For more details, you should come to Gallardo for a free consultation, and we will give you more information.

What kind of lawyer can help me if I have an accident on my motorcycle?

You need a personal injury lawyer, and it can also be a motorcycle accident lawyer, like the ones we have at Gallardo Law Firm.

I was involved in a motorcycle accident, but I do not have a motorcycle license, can I receive compensation?

The cases may vary from state to state. You can receive a compensation benefit if the state you live in does not require you to have an exclusive license. We always advise to come into our law firm and ask us your questions to know more details about your situation and how we can help you.

I had an accident, and a vehicle made a left in front of me while I was on my motorcycle. Who is guilty?

A car that turns to the left is responsible for the crash. There are exceptions, but this rule is almost automatic.

What is "comparative negligence" mean when determining who is responsible for a traffic accident?

Comparative negligence distributes guilt among drivers involved in an accident. An example of recurrence of relative neglect could be the brake light or the backlight of the motorcycle in white, primarily if the crash were at night.

Should I call a motorcycle accident attorney immediately after the accident occurs?

If you cannot meet with a lawyer immediately, it is imperative that you do not admit to any mistakes, or sign any document to preserve your rights. Take pictures of your injuries, damages to your motorcycle, and make copies of the medical bill records. All this information is crucial when presenting your case. The faster you seek legal advice, the better for your situation. Call Gallardo Law Firm today!

What should I do if I was hit by a car in Miami?

After a pedestrian accident in Miami, call 911, request medical attention, wait for the police report, collect the driver’s and witnesses’ information, take photos of the scene, and avoid admitting fault. You should also speak with a pedestrian accident attorney before giving recorded statements to the insurance company.

Can I recover compensation if I was hit outside a crosswalk?

Yes, you may still be able to recover compensation even if you were hit outside a crosswalk, depending on the facts of the case. Insurance companies may try to blame the pedestrian, but driver speed, visibility, traffic signals, right of way, distraction, and negligent driving must also be reviewed.

Who pays my medical bills after a pedestrian accident in Florida?

Medical bills after a pedestrian accident may be paid through several sources, including the at-fault driver’s insurance, personal injury protection benefits, uninsured motorist coverage, health insurance, or other available policies. A Miami pedestrian accident attorney can review the available coverage and determine who may be responsible for paying your damages.

How long do I have to file a pedestrian accident claim in Florida?

In many Florida negligence-based injury cases, the general deadline to file a claim is two years from the date of the accident. However, exceptions or additional requirements may apply depending on the facts, so it is important to speak with an attorney as soon as possible.