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Frequently Asked Legal Questions

Frequently asked legal questions regarding Florida law and procedure in accident and injury cases.

Q1: I've gotten into a car accident and I can't get my insurance company to fix my car, what can I do?
A1: There are many variables to this question.  Please give us a call for a free consultation.  This is usually not a problem when it comes to property damage.  The issues that usually arise is who's mechanic will be used.  Contact us and we will try to better answer this question.


Q2: I was injured in a car accident.  I need to see a doctor but I can't afford it.  It is not fair that someone can cause this and I am stuck having to pay for it.  What can I do?
A2: Florida law requires that everyone carry enough insurance to at least start to pay for medical care and lost wages.  The Personal Injury Protection (PIP) with your auto-insurance pays for the first $10,000 of these expenses.  This is the minimum amount of coverage a person can legally have.  It is not very much and we should all carry more.  The next source of funds for your medical costs comes from the at-fault drivers insurance.  Unfortunately, the law does not require a minimum amount of this protection.  This is why everyone should carry uninsured motorist coverage.  This will pay for your medical expenses if the driver that hit you is uninsured or under-insured.  Most people fail to get this coverage.

With our representation we will make sure all insurance funding is utilized to cover your medical expenses and lost wages.  Call us with any questions.


Q3: There was an accident and I was cited for being "at-fault."  I want to challenge this.  Who do I need to contact?
A3: We can examine and investigate your situation.  You may have been cited by law enforcement but we may be able to determine that you were not at-fault or that fault was spread over two or more drivers.

Being found to be at-fault cannot be used against you in another lawsuit however, it will definitely make the insurance companies unwilling to pay for your medical expenses.


Q4: I was involved in an accident and missed several days of work.  Can I be compensated for my lost income?
A4: Yes.  Your PIP insurance also covers up to 60% of lost wages.  If the other driver is at fault then that driver's bodily injury insurance can also be used to pay for lost wages.  If the other driver is uninsured or under-insured then any uninsured motorist coverage you have can be made to pay for these losses.


Q5: A car ran into my car at an intersection.  The other car drove off before the police came.  Now I have a damaged car - what can I do?
A5: Give us a call.  We can look at the accident report and possibly find the other driver.  Your automobile insurance is also liable for these damages and should be made to pay if the other driver cannot be found.

Odds are that when a driver involved in an accident leaves the scene it is due to lack of insurance or intoxication or both.  Try to get the license plate number and make and model of the car that drove off.  Even partial numbers with that additional information can be useful.


Q6: I was jogging and a dog came running from a yard and attacked me.  My hand needed stitches and it cost me two days of work.  Can I get paid for my losses?
A6: Yes.  This would be covered by the owners homeowners insurance policy.  Dog bites are strict liability cases.  This means there is no excuse except criminal behavior that can prevent the recovery of your losses and pain and suffering.  Moreover, dog bites usually result in psychological effects and physical scarring.  Don't wait - call the police for all dog bite cases, seek medical treatment and then call us.


Q7: I slipped in a grocery store and hurt my back.  When it happened I just told them I was fine and went home.  Is there anything I can do now to recover for my injury?
A7: Yes.  It is difficult if you leave without having a report done but many stores today have cameras and must file incident reports to their main office.  Additionally, if you have witnesses and medical receipts you should be in a good position to take legal action. 

The business that this occurred in should have written an incident report.  We can get that.  Get your witness names and telephone numbers and call us fast.  These injuries are covered by general liability insurance policies.


Q8: I had cancer several years ago.  I was recently diagnosed with a tumor and went through several long and debilitating months of chemotherapy to reduce its size before removal by surgery.  After the surgery I was told it was benign.  Can I sue for the several months worth of pain and suffering I went through?
A8: Yes.  Medical malpractice is a big issue when a physician's error causes harm.  In this case a simple biopsy could have determined whether the growth was cancerous or not and saved you the pain and suffering.  These are some of the more easily determined personal injury type cases but make no mistake about it - medical malpractice cases are very serious cases.  Call us for a free consultation.


Q9: I was in an accident and I am very confused.  I don't know where to begin with finding a doctor, a mechanic, or a lawyer.  Can someone help me?
A9: That is what we do.  We will help you find all those things that you need when you have an accident.  As part of our representation in your injury case we will help you with the minutia that can make life a very difficult proposition.  We are here to help.


Q10: A kid driving a car, that he had no insurance for, ran into me.  It was the kids fault and the police even cited him for it.  Is there anything I can do despite the fact this kid was uninsured?  It just doesn't seem fair.
A10: Yes.  There may be a way to get compensation through other means than the at-fault driver's "lack of insurance." This is also the prime reason why we should all have uninsured motorist coverage.  The insurance companies really don't push that coverage but you should ask for it.  Please call us for more details.

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More Answers to Legal Questions regarding Insurance and Malpractice

Orlando Personal Injury Lawyer - Eric J Dirga Call (407) 841-5555

Central Florida highways are considered some of the most dangerous roads to drive on in the United States.  It is no wonder that so many people are injured daily by needless car accidents.

If you have been involved in an accident and you have questions - call us.  We are here to help.