Tag: personal-injury
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What is the maximum compensation possible for a motorcycle accident?
What kind of insurance should I have for my Motorcycle? What is Auto Accident Compensation (AAC)? Average compensations for motorcycle accidents are misleading because of the extreme variance. Minor injury and property damage cases may settle for as little as $10,000 to $15,000. On the other hand, major injury and wrongful death claims can go…
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What is a Wrongful Death Case Under Florida Law?
What constitutes a wrongful death lawsuit? Wrongful death claims compensate families for a loved one lost because of the negligence, recklessness, or intentional action of another party. The families prevail if they can establish by a preponderance of the evidence that the accused(s) had a responsibility to exercise care, failed to fulfill that responsibility, and…
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What is the Legal Basis for Medicare Set-Asides?
A Medicare set-aside (hereinafter MSA) is a tool that allows injury victims to preserve Medicare benefits by setting aside a portion of the settlement money in a segregated account to pay for future Medicare covered services.? The funds in the set aside can only be used for Medicare covered expenses for injury related care.? Once…
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Who requires a Medicare Set-Aside (MSA) and what is its purpose?
Who determines the amount to set-aside? If you are presently receiving Medicare benefits and resolve your case, an MSA might be necessary. Furthermore, if you are not currently a Medicare beneficiary but expect to enroll within the next 30 months after the settlement, you may require an MSA. If you fall under either of these…
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What damages can be obtained in a Personal Injury lawsuit?
What damages can I recover from a personal injury claim? Depending on the cause and magnitude of the damage, the injured party can be entitled to compensation for medical expenses, pain, trauma, suffering, lost wages, etc. There are two types of damages in a Personal Injury case: monetary damages and non-monetary damages. Non-monetary damages encompass…
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When is the appropriate time to pursue medical treatment after a collision?
It is crucial to promptly seek medical treatment. In accordance with Florida legislation, you must seek medical treatment within 14 days to be eligible for personal injury protection (PIP) benefits.
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How will I be informed about the costs of my legal matter?
How much will I have to pay for legal representation? Almost all personal injury lawyers in the state of Florida operate on a contingency fee basis, meaning there is no cost for the initial consultation and no fees or expenses owed to the lawyer if there is no successful settlement or verdict. In simple terms,…
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What is the deadline to initiate a personal injury claim?
In Florida, you have 4 years from the date of your accident to commence legal proceedings. As the countdown starts on the day of the accident, it is crucial to promptly submit your claim. This will ensure sufficient time for a legal team to construct your case, engage in settlement discussions, and ready it for…
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What constitutes a personal injury claim?
A personal injury claim refers to a civil (or, more precisely, non-criminal) action that can be initiated when someone experiences injury, harm, or death due to the negligent, reckless, or intentional behavior of another individual. The party making the claim is referred to as the “plaintiff,” while the entity being accused is known as the…
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What happens if I decide to file a personal injury claim?
If you choose to pursue a claim, you will become the plaintiff and the opposing party will become the defendant in the case. Both your legal representative and the defendant’s legal representative will begin the “discovery” process. This process involves gathering facts and evidence and exchanging documents in order to prepare the case. You may…
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What is the typical duration for resolving a personal injury claim?
Due to the unique circumstances of each case, there is no definitive timeframe for resolving a personal injury claim. While some personal injury claims can be resolved within six months, others may require years of litigation in court. Numerous factors contribute to the duration, such as the complexity and severity of the injuries, the nature…
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What is the typical compensation for a personal injury claim?
There is no set amount for compensation in a personal injury claim. Each claim is individual and the value of each case is determined by the level of the defendant’s misconduct and the severity of the resulting injuries. A personal injury settlement aims to fairly assess the extent of the injuries and losses caused by…
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What Happens if You Win a Personal Injury Lawsuit and They Can’t Pay?
While insurers are almost always capable of paying for the judgment that is entered after winning a lawsuit, not everyone possesses insurance. Moreover, many who are insured do not possess sufficient coverage to fully compensate for the injuries they have inflicted. A knowledgeable personal injury attorney should assess the prospects and potential sources of recovery…
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What criteria must be met for an injury to be considered a personal injury?
Who is eligible to seek compensation in cases of personal injury? The individual harmed and their descendants can seek compensation in a personal injury lawsuit. If the individual survives the incident or attack, they may have the right to regain lost earnings, which can significantly impact their family’s welfare. In the event of the individual’s…
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What if the harmed individual passes away prior to initiating the personal injury lawsuit?
In the event that the individual passes away due to the injuries they sustained from the incident or attack, then the heirs of that individual may be eligible for compensation and have the option to proceed with the lawsuit.
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What is the definition of ‘premises liability’ in relation to a personal injury case?
What do premises liability cases involve? The concept of ‘premises liability’ refers to the accountability of an individual or entity for the careless upkeep or hazardous circumstances that resulted in your injury or accident. Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone…
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What does it mean to have full coverage?
In reality, there is no such thing. The term “legal coverage” refers to having PIP (Personal Injury Protection) coverage and a minimum of $10,000.00 in property damage coverage to address any property damage caused by you. When insurance agents mention “full coverage,” they are referring to this particular combination. However, it’s important to note that…
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How is the value of my claim calculated?
What is the estimated value of my case? The value of your claim depends on various factors, such as responsibility, harm, and causal relationship. When assessing a claim, it is necessary to establish the fault of the opposing party for the incident. The severity of the injury is another crucial aspect and encompasses the total…
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How much time do I have to file a lawsuit against the parties who are legally accountable for my personal injuries?
How much time do I have after my injury or attack before I need to initiate legal proceedings? How much time do I have to file a personal injury claim in Florida after my car accident? If you have suffered injury following a car accident, under Florida law, you are granted a period of four…
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How long will it take for my case to be resolved?
How much time will it take to resolve my case? How long will it take to settle my claim? The duration of a case involving an injury depends on several different factors. Some factors to consider are: the severity of the incident; whether there was a need for surgical intervention or it was recommended; the…
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What is Personal Injury?
Personal injury can be defined as having suffered an injury to one’s body. Personal injury law offers a platform for individuals harmed in accidents to pursue reimbursement. To be eligible, claimants must have suffered injury because of the negligence, recklessness, or deliberate conduct of the accused individual(s). Accused parties may include persons, enterprises, or governmental…
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What is the time limit for filing a case?
In Florida, accident victims typically have a timeframe of two years from the date of the accident to initiate a personal injury lawsuit in order to seek compensation for their financial losses. Nevertheless, the deadline may vary depending on the specific circumstances of your case. Consulting with an experienced lawyer is recommended to ensure that…
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How long does it take to settle a personal injury case in Florida?
How much time will it take to resolve my personal injury case? Typically, most cases are resolved within a span of 3-4 months. No one wants a personal injury case to drag on for months or even years. Unfortunately, sometimes that happens. Like the value of your personal injury case, the length of time it…
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How Can I Settle the Medical Expenses?
In the event of a car crash, your Personal Injury Protection (PIP) coverage on your vehicle plan will cover your healthcare costs and income loss, with a cap of $10,000. If you lack PIP, you can still file a claim. Whether you’ve experienced a slip and fall or any other accident in Tinseltown, Magic City,…