Personal Injury Questions
The value of your personal injury lawsuit will depend on the details of how you received the injuries, the extent of your injuries, the ability to prove your injuries, and the extent of insurance company negotiation. You may be able to receive compensation for:
- Medical bills
- Loss of revenue or loss of job
- Expenses from injury-related traveling, like doctor visits
- Payment for property damage
- Payment for other expenses you incurred
- Physical pain and suffering
- Personal injury settlements can come in several different forms – or not at all.
Depending on the state where you live, laws governing injury lawsuits and who can receive compensation in a personal injury case can vary greatly.
Our Jacksonville Personal Injury Lawyers can help you understand the information you need to determine if your specific case might be eligible for a personal injury settlement. Call us today to receive your free consultation.
All of the attorney’s fees at Harris Guidi for personal injury cases are referred to as “Contingency Fees”. This means our attorney’s fees are contingent or based upon, making a recovery in the case. If there is no recovery in the case, there are no attorney’s fees charged to you. We do not bill by the hour or require any up-front retainer.
There are no attorney’s fees for property damage reimbursement including rental car reimbursement, diminished value of your vehicle as a result of the collision, or loss of use of the vehicle while it is being repaired. We allow those dollars to go directly to you. The attorney’s fee is only charged against the recovery's bodily injury portion. Call us today to receive your free consultation.
Damages are available to victims of personal injury negligence in Florida of all types, including automobile accidents, slip and fall/trip and fall incidents, defective products, medical negligence, premises liability, negligent security, or any other personal injury negligence claim. These damages include past medical expenses incurred as a result of the injuries, future medical expenses to be incurred over your lifetime, lost wages, future lost wages or loss of earning capacity over your lifetime, loss of household services if you are required to hire someone to do household tasks you were able to do before the incident. All of these are referred to as the “economic damages” in your case. Additionally, you are entitled to recover the “non-economic damages”. These damages include pain, suffering, mental anguish, frustration, loss of enjoyment of life, change in your lifestyle, loss of the ability to conduct activities of daily living, and psychological and emotional distress associated with a physical injury.
While the economic losses may be a result of mathematical calculations, there is no specific calculation for the non-economic damages in these cases. Each case is different and each case must be prepared from the beginning in a way to maximize the non-economic damages and thus your total recovery.
When a case settles the at-fault party pays a lump sum and there is no specific designation as to what type of damages are incurred. Contingency fee attorney’s fees and the case costs are taken from the total recovery of the case before any payment of past medical expenses or other obligations are made. Call us today to receive your free consultation.
Florida is a “no-fault” state. This means we are all required to carry no-fault insurance, commonly referred to as “PIP” or Personal Injury Protection. This insurance pays the first $10,000.00 of expenses for medical bills and lost wages. Our own PIP insurance pays 80% of reasonable and necessary medical charges and 60% of lost wages actually incurred. Many times we have medical payment coverage commonly known as “Med-Pay”. Med-Pay coverage under our automobile policy pays 100% of reasonable and necessary medical expenses. It is very important to coordinate the insurance coverages that are involved when you are faced with automobile accident injuries. You may want to reserve your “PIP” coverage for wages only and use your private health insurance to pay your medical bills. This maximizes your recovery under your own policy. Additionally, PIP coverage is not limited to $2,500.00 per incident unless you have been certified by a medical doctor as having an Emergency Medical Condition often referred to as “EMC”. You only have 14 days to be certified by a doctor with an Emergency Medical Condition. Once you have obtained that certification in your medical record you are entitled to the full $10,000.00 worth of PIP insurance coverage. Therefore, it is critically important to get to the right doctor or physician within the first 14 days following an accident in order to maximize your insurance coverage that you have paid for.
Florida law requires that all of your automobile PIP and Medical Payment coverage be exhausted or used up before you can apply for coverage under your private medical insurance or care coverage.
The insurance coverage for the at-fault driver or vehicle owner is referred to as “Bodily Injury Liability Coverage” and is only paid in a lump sum at the end of the case either as a result of a settlement or a jury verdict in your favor. The at-fault insurance carrier will not pay piecemeal or pay your expenses or co-pays along the way. Call us today to receive your free consultation.
No, a property owner’s negligence depends on the specific circumstances surrounding your injury. The duty of care owed by the landowner to you as a visitor depends upon your reason for being on the property. The highest duty of care is owed to an invitee such as a guest oSlip and fall, trip and fall, and other premises liability cases are extremely difficult under Florida law. It is extremely important that we get involved in these cases as soon as possible to photograph the condition of the property as it existed at the time of the incident. It is critically important to identify witnesses at the business or restaurant or other location. Defects in the property are often fixed or abated by the landowner quickly after the incident making it extremely difficult to prove the condition. Oftentimes surveillance video captures the incident, but the surveillance video is recorded after 36 to 48 hours and the evidence is lost. For these and other reasons it is critically important to contact the lawyers at Harris Guidi as soon as possible after an injury on someone else’s property so that the investigation can begin immediately.r a business customer of a property owner. This is the most common situation and requires the property owner to maintain its premises in a reasonably safe condition free from defects that are known to the landowner but unknown to the guest. The injured person must prove that there was a defect on the property and that the landowner knew or in the exercise of reasonable care, should have known about the defect and did nothing to correct it. Alternatively, if the landowner is aware of a defect he may be relieved of liability if he has properly warned the guest of the potential danger or hazard.
Call us today to receive your free consultation.
Workers' Compensation Questions
No. As long as you were injured while performing normal duties considered a part of your employment then you’re covered. Workers’ compensation covers the vast majority of injuries in the work environment including:
Employers and workers’ compensation insurance companies may try to avoid the expense of work-comp claims by saying:
- Your injury was not sustained at work
- Your injury is not as severe as you claim
- Or even tell you that you are not covered at all
Some employers will not even carry workers’ compensation insurance while others will even threaten to fire an employee in retaliation against them for filing a claim. If you are fired (or even threatened to be fired) for exercising your legal rights to workers’ compensation benefits an employer may be liable for a Retaliation lawsuit from our Jacksonville workers’ compensation attorneys. Learn more about Workers’ Compensation Retaliation.
If your claim is “legitimately” denied, it does not mean that you are not entitled to benefits. Because many times claims are denied in an effort to save money, the workers’ compensation system has an appeals process and our Jacksonville workers’ compensation attorneys are well-versed in how to navigate that process.
Don’t let this stop you from getting what you deserve. Read more about the workers’ compensation appeals process.
Injured workers are not only entitled to workers’ compensation benefits but they may also be entitled to:
- disability benefits under the workers’ compensation system
- social security disability benefits
- supplemental security income benefits
You may also be able to seek damages from a third party by taking action in a personal injury lawsuit if you can prove that the third party caused the accident or injury.
Criminal Law Questions
Yes. This is a crucial stage for a defense attorney. After “first appearance”, the arrest information is sent to the State Attorney’s Office for assignment to a prosecutor for review. At this stage, the prosecutor will review any arrest reports, videos, 911 calls, photographs, and interview any witnesses to determine if there is sufficient evidence to charge you with a crime.
Our team will begin gathering evidence in your defense before charges are even filed. We’ll also contact the assigned prosecutor because our conversations can often influence the prosecutor to arrive at the right decision, faster. These critical efforts can also result in lesser charges being filed or even no charges filed at all.
If the prosecutor determines that they have sufficient evidence to charge you with a crime, they will file what is called an “Information” which is a document that states your charge. Once charges have been filed, the State is required to provide “discovery,” which is the name for all of the evidence they believe proves you committed a crime. It even includes information that is helpful to you and can often assist in building your defense.
It takes experience to properly review police reports, photographs, videos, and conduct depositions. The team of Jacksonville criminal law attorneys at Harris Guidi Rosner, P.A. has the experience to review these documents, interview witnesses, and conduct depositions to find the best possible defense for your case. This process is then used to prepare motions to challenge the State’s evidence at a hearing or prepare for trial.