 If you were involved in a Florida car accident, it is imperative that you seek medical attention for your injuries. After a crash, it is not uncommon for adrenaline to set in and you may not be aware of the extent of your injuries. In the best interest of your health, you should not delay in seeking medical attention. A hospital emergency room can take a proper history of the accident and investigate your injuries to make sure there are no serious injuries that might not be readily apparent to you. If there are serious injuries, early detection and treatment can give you the best chance for a good recovery.
In the hours and days following a motor vehicle accident, you may feel your symptoms increase. This is common. You might also think that you will simply get better with time and rest. This is really just guessing, and this guess could have major consequences to your health, and your ability to make a claim for injuries after a car accident. In Florida a delay in seeking medical attention can result in you losing your right to a first-party PIP claim for your injuries. More importantly, if you wait to see a doctor, your injuries may get worse and your outcome and recovery may be poor. The insurance company will also use the delay in treatment against you to minimize or defeat your claim. After an accident, the insurance company will argue that you were not injured and that is why there was no treatment in the immediate aftermath of the car accident. The insurance company may argue that if you were hurt, there would be an ambulance, hospital visit and treatment with physicians in the days and weeks following the accident. Your failure to obtain treatment may be used against you to delay or deny paying for your injuries. Do not give the insurance companies the ability to argue about your credibility, get treatment as soon as possible if you are hurt in a car accident. It is good for your health and helps you to keep your options open in the event that you decide to bring a claim to recover money for your injuries and losses. Once you start treating with a physician after an accident, it is important to continue to treat for as long as you are having symptoms. If there are gaps in treatment, it will again allow the insurance company to argue about paying fair compensation. The insurance company and their lawyers may argue that you must not be hurt if you are not continuously treating. They may also argue that injuries that are reported to doctors later, after a period without continuous treatment, are not related to the original car accident injuries. The gap in treatement will give the insurance company an opportunity to argue that there must have been some other injury or accident or event that caused these symptoms that you experience. In fact, if you say otherwise, the insurance company and their lawyers may question your credibility. It is also important to treat with the right type of doctor after your Florida car accident. While your primary care physician maybe helpful, you should consider treating with specialists for your specific type of injury. Primary care physicians might not be the best doctors for traumatic injuries. Depending on the nature of your injuries, you might consider consulting with an orthopedic surgeon, neurosurgeon, or a physiatrist. In addition to these types of medical specialist, you may need treatment from chiropractors, physiotherapists, speech language pathologist, psychologist, etc. The point is, there are healthcare providers that may have specialized knowledge and the ability to treat your specific symptoms and injuries from the car accident. In addition, these specialists often write thorough consult reports, that will be helpful to you in advancing your claim against the insurance company. Their clinical notes and records tend to be more detailed than a primary care physician's notes in terms of documenting the nature of the injury, the history, causation, and prognosis. All of this information will be beneficial to your case. It will help your Florida accident attorney assess your claim and help you to make informed decisions. It will allow your car accident attorney to advocate more effectively on your behalf. Finally, remember to give a full medical history to any healthcare providers you see following a Florida motor vehicle accident. This includes describing all of the injuries you sustained in the accident, as well as all of your prior health issues. Do not be worried about sharing your pre-existing health issues with your doctors. Failure to disclose your prior health history can be used against you. Again, insurance companies and their lawyers may look for any opportunity to call your credibility and honesty into question. If you don't report all of your health history, they may think that you are trying to hide something. Of course, this can also harm your chances of obtaining maximum recovery for your losses. To learn more about your rights after a Florida car accident it is important to speak to an attorney as soon as possible. Contact us day or night to request your Free Consultation. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death. Andrew is a lifetime member of the Million Dollar Advocates Forum.
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Florida residents share their roads and cities with visitors from all over the world. Especially during season, we see cars and motorcycles from all over the United States and Canada. Given all of the visitors that come to Florida, it is not uncommon for Florida residents to be injured in accidents with vehicles from other states or even as far as Ontario or Quebec, Canada. When a Florida resident is hit by a Canadian car, it can be confusing and stressful. You may be wondering how your injuries and losses will be covered by a Canadian driver that will eventually leave the country and return to Canada. Claims with Canadian vehicles can present more challenges such as locating the driver in another country, obtain insurance information and policy information disclosures, and service of process if a lawsuit is required. Despite these challenges, our law firm has experience with car and motorcycle accidents involving Canadian drivers and vehicles. Attorney Andrew Iacobelli has practiced both in Florida and in Ontario, Canada and so he knows how to deal with Canadian insurance companies to help maximize recovery for injury victims. You can make a claim for your injuries and losses against the Canadian driver, and it will usually be handled by their Canadian insurance company.
If you were injured in an accident with a Canadian vehicle or driver, do not delay. It is important to secure important information as soon as possible to help your claim proceed smoothly. Contact us day or night to request your Free Consultation. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death. Andrew is a lifetime member of the Million Dollar Advocates Forum.  If you or a loved one has been injured in a Florida car accident, you may be wondering about the law in Florida that governs your rights. In Florida, the laws surrounding car accidents and injury compensation are complex, and change over time. Navigating the legal system usually requires the help of an experienced personal injury attorney. At Iacobelli Law Firm, our skilled legal team has years of experience helping car accident victims throughout Florida. Here's what you need to know about Florida car accident laws.
Florida No-Fault Insurance One of the key aspects of car accident law in Florida is the state's no-fault insurance system. This means that drivers must have personal injury protection insurance (PIP). With PIP coverage, each driver's insurance company is responsible for covering their medical expenses and other accident-related losses, regardless of who was at fault for the accident. It is important to note, however, that Florida still allows the right to sue the at-fault driver for compensation in situations where the accident resulted in serious or permanent injuries. With few exceptions, Florida does not require a driver to have bodily injury liability coverage. As such, there are times when the at-fault party may not have insurance to cover your injuries and losses. That is why, it is important for all Florida drivers to purchase additional coverage known as underinsured motorist coverage. This optional coverage protects you if you are injured because of the negligence of another driver that does not have adequate insurance coverage. Statute of Limitations In Florida, there is a time limit for filing a personal injury lawsuit after a car accident. This is known as the statute of limitations, and under recent changes to Florida law it is usually 2 years from the date of the accident. It's important to file your claim within this timeframe, as failing to do so may prevent you from seeking compensation for your injuries. Modified Comparative Negligence Florida historically followed a pure comparative negligence system, which means that if you were partially at fault for the accident, your compensation may be reduced accordingly. For instance, if the injured party has 80% of the blame and the other party was 20% at fault, then you could only recover 20% of your losses from that party. This was fair and equitible, and particularly important in catastrophic injury claims where even a modest percentage of the total recover could still be significant for a seriously injured person. In 2023, however, Florida law changed to a modified standard, which completely bars injury victims from recovering any compensation if they are found to be more than 50% at fault. Damages Available If you've been injured in a car accident in Florida, you may be able to recover damages for a range of losses, including: Medical expenses Lost wages Pain and suffering Property damage Disability or disfigurement Emotional distress Due to recent changes in Florida law taking place in the spring of 2023, there are some limitations on evidence that an injured party can present to recover for medical expenses. These changes seek to reduce and limit the medical expenses that can be claimed by individuals injured in Florida motor vehicle accidents. Working with a Personal Injury Attorney If you've been injured in a car accident in Florida, working with an experienced personal injury attorney can help ensure that your legal rights are protected. At [Law Firm Name], our legal team is dedicated to fighting for the compensation you deserve. We offer free consultations, and we work on a contingency fee basis, which means you don't pay us unless we win your case. Learn More With A Free Consultation with a Florida Personal Injury Attorney If you have been injured in a Florida car accident, time is not on your side. Call us today at 1-866-234-6093 for a Free Consutaltion or request a consultation online to learn more about your rights. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death. Andrew is a lifetime member of the Million Dollar Advocates Forum. There have been reports of several fatal car crashes in West Palm Beach as we complete the first three months of 2023. Some of these crashes involved innocent pedestrians that were fataly injured when struck by a motor vehicle, while others involved multiple vehicle crashes.
Based on the reports of these fatal car accidents in West Palm Beach, we have learned that speeding, distracted driving, driving under the influence, and reckless driving were some of the leading causes of fatal crashes. The injury and wrongful death lawyers of Iacobelli Law Firm offer sincere condolences to the family and friends that have lost loved ones as a result of a fatal car crash. When someone has lost a loved one in fatal car accident in West Palm Beach, they may be able to bring a wrongful death claim for their losses. Wrongful death claims represent the most egregious form of personal injury. Florida law allows the family members to bring a claim for wrongful death to recover for their losses. The Florida Wrongful Death Act, identifies the specific survivors or family members that are permitted to advance a claim for wrongful death, which includes
If you have lost a loved one due to a careless or reckless driver, you may be able to bring a Florida Wrongful Death claim for your loss. To learn more, reach out to us to request a Free Consultation and learn about your rights so that you can make an informed decision. There is no obligation and the consultation is Free. Our phone lines are open to you 24/7 at 866-234-6093 or complete our online contact form here. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in Palm Beach County Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death. Andrew is a lifetime member of the Million Dollar Advocates Forum. Daytona Beach, Florida, is home to one of the most celebrated motorcycle rallies in the world: Daytona Bike Week. This annual event brings together bikers from all over the world to celebrate their passion for motorcycles, riding, and everything else that comes with it. With its rich history and diverse culture, Daytona Bike Week is an event like no other, and it's no surprise that it has become a must-attend event for bikers from all walks of life.
The event offers a variety of activities, including concerts, bike shows, races, and more. However, the real draw of the event is the opportunity to ride your motorcycle alongside like-minded individuals and experience the freedom of the open road. Daytona Bike Week is also about the culture that surrounds it. Bikers from all walks of life come together to celebrate their passion for motorcycles, and the camaraderie that develops is truly special. It's a time to make new friends, catch up with old ones, and share stories and experiences. However, with the excitement and energy of the event, it's important to remember that safety is always a top priority. Unfortunately, accidents can and do happen, and it's important to be prepared. That's why it's important to be aware of your surroundings, wear appropriate safety gear, and never drink and ride. It's also important to have a plan in case of an accident, including knowing what steps to take and who to contact. If you are attending Daytona Bike Week, it's important to understand your legal rights in the event of an accident. If you are injured due to someone else's negligence, you may be entitled to compensation for your injuries, medical expenses, lost wages, and other damages. That's where the experienced attorneys at Iacobelli Law Firm can help. Our team of legal professionals can help you navigate the complex legal system and fight for your rights. We understand your passion for riding, and we ride too. We hope you have a safe and enjoyable Bike Week this March. If you need legal assistance, the team at Iacobelli Law Firm is here to help. Our phones are open to you 24 hours a day. If you are involved in a Florida personal injury case, there are several things you can do to help strengthen your case and increase the chances of a favorable outcome. Some of the most important things to consider include:
If you have been injured in Florida, we may be able to help. Call us to request your Free Consultation at 866-234-6093.  As a Florida wrongful death attorney, I am given the unique responsibility of seeking justice on behalf of families that have lost a loved one due to a tragic event. The magnitude of a wrongful death claim is never taken granted, and we strive to understand the significant emotional toll such cases have on all involved.
In Florida, a wrongful death claim refers to a civil lawsuit for money damages resulting from the death of an individual. Because it is a civil case, there is no criminal responsibility assigned to the at-fault party. Instead, we assign blame in the form of negligence, and seek to recover money on behalf of those that have been harmed emotionally and financially. Wrongful death lawsuits are avaialbe for grieving families to seek justice and financial support. We understand that sometimes families may feel uncomfortable or perhaps even guilty about the thought of seeking money for their loss. It is important to speak with a Florida wrongful death attorney so that you can learn about your rights and options and make informed decisions. A Florida wrongful death claim can help a family obtain some financial security for their future after the loss of a loved one. Examples of Florida Wrongful Death Cases In Florida, wrongful death cases can arise from virtually any situation in which someone else's negligence causes a death. Some of the most common types of wrongful death cases in Florida are:
Who Can Make a Wrongful Death Claim in Florida The Florida Wrongful Death Act, identifies the specific survivors or family members that are permitted to advance a claim for wrongful death. In Florida, the following family members can advance claims for wrongful death damages:
There are circumstances where others may be able to claim, so it is important to speak with a Florida wrongful death attorney. How Much Money Can You Recover in a Florida Wrongful Death Case Family members can recover for the loss of their loved one, including compensation for expenses they have paid such as funeral and burial expenses and medical bills. In addition, family members can claim for loss of support and services. The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering. The minor children of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. Each parent of a deceased minor child may also recover for mental pain and suffering . Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. In addition to family members, the Estate of the deceased may also recover for loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered: 1. If the decedent’s survivors include a surviving spouse or lineal descendants; or 2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent. The damages or compensation that can be recovered in a Florida wrongful death case are complex. Speak to an experienced Florida wrongful death attorney to learn more about your rights. Time is Not on Your Side in a Florida Wrongful Death Case Florida wrongful death cases have a shorter time period than other negligence claims. In wrongful death suits, there are only 2 years within which to commence a lawsuit. It is best not to delay and get advice early. Although you and your family need time to grieve the loss of a loved one, do not delay in speaking to a Florida wrongful death attorney. There are important steps to take early in the process to ensure that the rights of you and your family are protected. Andrew Iacobelli is an experienced Florida personal injury attorney who established Iacobelli Law Firm with offices in South Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Today's topic is contingency fees and how do you afford to pay your attorney if you have been involved in a serious accident?
So many people who contact our Florida personal injury law firm have just been involved in a serious accident, whether it's a car accident, motorcycle accident or a slip and fall accident, and they are dealing with medical and health issues, and are usually worried and concerned. So how do you afford an attorney after a serious accident or injury? How Can I Afford to Hire an Attorney for My Accident? One of the biggest concerns people have is, how can I afford to pay for an attorney when I have to worry about paying my next bills, healthcare expenses, rent or mortgage, etc. The answer is the Contingency Fee Agreement, so you do not pay anything up front and only pay if your attorney recovers money for you. What Is A Contingency Fee Agreement? You may have seen or heard advertisements where attorneys describe that they don't get paid unless you win your case, sometimes described as No Win, No Fee or You Pay Us Nothing Unless We Recover Money For You or otherwise refer to a contingency fee agreement. What they're all talking about is really the same thing, a contingency fee agreement, which means that you do not pay your attorney any fees unless they recover money for you at the conclusion of your case. It is actually really that simple. With a traditional attorney contract, an attorney would typically get paid by the hour, and many attorneys in Florida charge hundreds of dollars per hour for their services. With an hourly rate, the client pays for all the time spent on the file, including every call, or email, and anytime the attorney or staff work on your file. The client is also billed as the case progresses. A contingency fee agreement with a Florida personal injury attorney is completely different than a traditional lawyer contract. What Is Covered In A Florida Contingency Fee Agreement? In our Florida personal injury law firm, you will not get any bills from us while your case is proceeding. That means you will not receive bills for phone calls, meetings, letters, or any of the time that your attorney spends on advancing your case. You never have to be concerned with getting a bill for the many hours that we work for you. Also, our personal injury law firm will advance all of the expenses to necessary to succeed in your case. These expenses can include the cost of retrieving medical records, filing fees at the courthouse, process servers for serving documents, transcript costs, among other things. Your attorney can describe the types of expenses that will usually be necessary in claims like yours. At the end of the case, these expenses will be paid from the settlement money. You never need to worry about how much time your attorney and their staff have spent on your case. You never have to fear that your attorney's bill is going to exceed the value of your case because your bill will be very clear. The fees to your personal injury attorney at our Florida firm are based on a percentage that you and your attorney agreed upon at the beginning when you hired your attorney. At that very first meeting or whenever you decide to hire your attorney, the percentage will be explained to you. So at the end of the case, you will only be paying attorney's fees based on the percentage that you've already agreed upon. Contingency Fees Are Regulated in Florida It's also important to note that in Florida, the contingency fee agreement is regulated by the state bar association. This helps to protect the client, and makes the contingency fee agreement clear and understandable. Equal Access To Justice With a contingency fee agreement, you don't have to worry about whether or not you can afford to hire the best Florida personal injury attorney for you. You can hire the best lawyer for you right now without having to worry about paying a retainer or fees up front. Have Questions? Contact us today for a Free Consultation! If you've recently been involved in a Florida accident, and you're wondering whether you should speak to an attorney, call us for a Free Consultation. Learn more about the contingency fee agreement and how we can help you. Our Florida injury law firm serves all of Florida and we are available 24/7 at 1-866-234-6093. In our latest video, Florida personal injury attorney Andrew Iacobelli discusses important steps to take following an auto accident. You can read the transcript of the video here, or watch the video below or on our YouTube page to learn more. Of course, if you have more questions following an auto accident in Florida, contact our office to request a Free Consultation so that you can make informed decisions for your future. What You Need to Do After An Auto Accident In this episode, we're going to be talking about motor vehicle accidents and specifically the five most important things you can do for yourself following an accident. By doing these things, you can protect yourself in the event that you have to bring your claim later. Hi, I'm Andrew Iacobelli. I'm a personal injury lawyer with Iacobelli Law Firm. On this show, we're going to be talking about your rights after a serious accident or injury so that you can be informed to make better decisions for yourself and your family, for now and in the future. Call emergency services So the first thing you want to do following a motor vehicle accident is call emergency services. Dial 911 so the accident's reported immediately. If you need an ambulance, let them know if somebody is hurt. Get a police report The second thing to do after an accident is make sure you get a police report. Insurance companies will fight if the accident is not reported to the police and people can change their stories later. So you definitely want the police there and you want the accident reported at the time of the collision. The police officers will come out to the scene. They will observe the location of the vehicles, the property damage. They will have the opportunity to interview each of the involved parties, the other driver or drivers. And if there are any witnesses, the police will speak to the witnesses and record their versions of events. There are situations where someone gets in an accident and they might feel it's not necessary to call the police. The other driver comes out of the car very apologetic, sincere, saying, "I'm sorry for causing the accident. We don't need to call police. Let's just exchange information." That's a really common scenario. The problem with that is that this nice person later on, in the absence of a police report, has an opportunity to change their story. And we've seen that happen time and time again. If a claim happens later against their insurance company, suddenly these people will change their version of events. And without the benefit of the police report, it becomes your word against theirs, and it will really complicate your ability to recover and succeed in your claim. So it's vitally important to report the accident to the police as soon as possible, even if the other driver seems like a really nice person. Identify witnesses Number three, identify witnesses. So if people come to you after the accident and identify themselves as having seen the accident and tell you they saw it and they know you're not at fault, make sure you get their information. You obviously want to thank those people for sticking around. But get their contact information so their name, a telephone number, if possible, an address. Because although we want the police to interview all these people, sometimes they don't. Or sometimes the interview is not fulsome enough. So later on, if there's any dispute as to how the accident happened, these witnesses can have a really strong effect on the success of your claim. Take photographs Number four, if you're able to at the scene of the accident, stand back and take photographs of the cars or the vehicles involved so that the photographs capture the location of the vehicles relative to intersections and lane-ways and things like that. You want to photograph the property damage. If the impact was to the rear of your car, to the side of your car, to the front. You want to photograph your vehicle and the damage to the vehicle, as well as the damage to the other involved vehicles. Later on, if there's ever a claim and there's ever an argument or a dispute about who's at fault or how the events unfolded that resulted in this crash, the images of the accident scene are going to be vitally important. They can be utilized by engineers for accident reconstruction, and sometimes just seeing the photographs is enough to eliminate all doubt with respect to who is at fault. Again, going back to even if the other driver is really sincere at the scene about accepting responsibility, things change over time. Sadly, sometimes people's view and version of events change. And that could be because of memory, or it could be because they're just not being truthful. So having those photographs will protect you in the event you ever need to establish how the accident happened. Seek medical attention Number five, this is critically important after an accident. Seek medical attention as soon as you can. Do not delay. Now, this is important even if you might not feel that injured. You might be feeling that you're just going to get better. No matter how minor the injuries might appear at that time, go and seek medical attention. Injuries can sometimes worsen over time. Sometimes serious injuries aren't immediately noticeable. And so it's really important that if you're feeling any symptoms, go and get checked out. Go to a hospital or an urgent care clinic as soon as you can to get checked out. After an accident, people's adrenaline is high. Emotions are high. And sometimes even really serious injuries are not readily apparent. So, number one, it's for your health. That's priority. But also, if injuries emerge and symptoms emerge days or weeks following the accident, failure to seek medical attention will be used against you by the insurance company. The insurance company will look at this as proof that your injuries were either not significant or that they didn't exist at all because if you had injuries, they would expect you to have gone to see a doctor. Take stock of all of your symptoms and all of your injuries and make sure that those are all reported to your health care providers as soon as you can. Closing remarks I would encourage you to follow these five steps because they're very important if you ever have to make any claims. So following a motor vehicle accident, you will have the right in most instances to make a claim. Sometimes those are with your own insurance, and sometimes it involves an insurance company for the at-fault party. But either way, these insurance companies, they'll use every opportunity to minimize and sometimes even defeat the claim entirely. So to wipe out the claim. Don't put yourself in a situation where you're fighting with insurance companies unnecessarily. Take these steps and you'll have a much more straightforward, I'm not going to say necessarily easier, but a much more straightforward ability to advance your claims should you need to. If you've been recently involved in a car accident, you probably have even more questions. Feel free to give us a call at any time. We're available 24-7. We offer free consultations. We'll answer your questions. You can find our contact information in the show notes below.` Yes, under Florida law, you can still bring a claim and recover damages (money) even if you are partially at fault for the accident. Florida is a comparative negligence jurisdiction, which means that everyone's fault for the accident can be assessed. This means, if you bring a claim for your injuries following a Florida car accident, the defendant and/or their insurance company may be able to get a discount if you are also partially responsible for causing the accident. For instance, consider a situation where someone turned left at an intersection on a stale yellow or red light and the other car in the crash ran through the red light and t-boned your vehicle. This is a situation where a court may determine that both driver's share some responsibility for the crash. If the injured person is found to be 40% at fault for the crash, then the injured person can only recover 60% of their claim against the the other vehicle and driver. They will lose out on the 40% for which they are also responsible.
In serious car crashes, it is worth investigating whether you still have a viable claim for your loses even where you may share some responsibility or fault. Get a consultation from an experienced Florida car accident attorney. Where fault is in dispute, early preservation of evidence may be important to the ultimate success of your case. To learn more about your rights and to see if you have a case, call us day or night at 1-866-234-6093 or complete our online contact form here to get started. Our consultations with prospective clients are Free and confidential. If we accept your case, you pay us nothing unless we are successful in recovering money for you. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices in South Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. |
AuthorAndrew Iacobelli is a Florida personal injury attorney. Andrew is also licensed to practice law in the State of Michigan and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured. 
Florida Personal Injury Attorney Andrew Iacobelli
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