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IACOBELLI LAW FIRM, P.A. - FLORIDA and TEXAS INJURY LAWYERS
  • HOME
    • About Us
  • PRACTICE
    • Catastrophic Injuries
    • Wrongful Death
    • Car Accidents
    • Motorcycle Accidents
    • Truck Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Premises Liability >
      • Trip and Fall Accidents
      • Slip and Fall Accidents
    • Boat Accidents
    • Medical Malpractice
    • Nursing Home Negligence
  • OUR TEAM
    • Choosing a Personal Injury Attorney
    • Andrew A. Iacobelli
  • RESOURCES
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  • CONTACT
    • Areas We Serve >
      • FLORIDA
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    • Free Consultation
  • Personal Injury Law Blog

Iacobelli Personal Injury Law Blog

I was just hit by a Canadian Driver in Florida - Now What?

2/25/2025

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Florida's warm weather and beautiful beaches draw millions of visitors each year, including a significant number of "snowbirds" from Canada. Unfortunately, with increased traffic comes an increased risk of accidents. If you've recently been involved in a car accident with a Canadian driver in Florida, you might be feeling overwhelmed and unsure of your rights. At Iacobelli Law Firm, we understand the complexities of cross-border accidents and are here to guide you through the process.

Understanding the Unique Challenges
Dealing with an accident involving an out-of-state driver presents unique challenges, and when that driver is from another country, the situation becomes even more complex. Here are some key considerations:
  • Insurance Differences: Canadian auto insurance policies differ from those in the United States. Understanding the nuances of these policies is crucial for navigating your claim.
  • Jurisdiction and Legal Procedures: Determining the appropriate jurisdiction for your claim and understanding the legal procedures involved can be confusing.
  • Language Barriers: While many Canadians speak English, language barriers can still arise with some French speaking Canadians, especially when dealing with legal documents or insurance adjusters.
  • Returning to Canada: The at-fault driver may return to Canada before your claim is resolved, making it essential to act quickly.

Your Rights and Steps to Take
Despite the complexities, you have rights and options for pursuing a claim against a Canadian driver who caused your accident. First and foremost, ensure everyone involved is safe and seek immediate medical attention if necessary. Call 911 to report the accident and obtain a police report, as this report will be crucial for your claim. Next, gather information by exchanging details with the Canadian driver, including their name, address, phone number, driver's license number, and insurance information. Take photos and videos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Obtain contact information from any witnesses. Notify your insurance company about the accident, and provide them with all the information you gathered at the scene. Seek legal counsel by consulting with an experienced Florida personal injury attorney specializing in cross-border accidents.

An attorney can help you understand your rights, navigate the complexities of Canadian insurance, and ensure you receive fair compensation. Iacobelli Law Firm can assist with this process. Many Canadian insurance policies provide coverage for accidents in the United States. Your attorney can help you determine the applicable insurance coverage and pursue a claim against the Canadian driver's insurance company. Florida's no-fault insurance laws will also play a role in your case. Your attorney will help you gather evidence, negotiate with insurance companies, and, if necessary, file a lawsuit to pursue your claim. They will work to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Our Expertise in Cross Border Injury Claims
Dealing with an accident involving a Canadian driver can be stressful and confusing. At Iacobelli Law Firm, we have the experience and expertise to handle these complex cases.  With offices in the United States and Canada, Attorney Andrew Iacobelli is frequently called on to assist with cross-border accident and injury claims. 

If you've been injured in an accident involving a Canadian driver in Florida, don't wait to seek legal help. Contact Iacobelli Law Firm today for a free consultation. We'll help you understand your rights and guide you through the process of pursuing your claim.

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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Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Every case is unique, and the information provided here may not apply to your specific situation. Contact Iacobelli Law Firm for a consultation to discuss the details of your case.
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Understanding Contingency Fees in Personal Injury Cases

2/23/2025

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Don't Let Legal Fees Hold You Back: How Contingency Fees Work in Personal Injury Cases

If you've been injured due to someone else's negligence, you deserve justice and compensation. However, the thought of mounting legal fees can be daunting. At Iacobelli Law Firm, we believe everyone should have access to quality legal representation, regardless of their financial situation. That's why we often work on a contingency fee basis in personal injury cases. In this blog post, we'll break down what that means and how it can benefit you.

What is a Contingency Fee?
A contingency fee agreement is an alternative way of paying for legal services. Unlike the traditional hourly billing method, with a contingency fee, you typically don't pay any upfront costs or ongoing fees for your lawyer's time. Instead, your lawyer's fee is "contingent" upon the outcome of your case.

How Contingency Fees Work in Personal Injury Cases:
In a personal injury case with a contingency fee agreement, Iacobelli Law Firm will:
  • Not require any upfront payment: You won't have to pay a retainer or any hourly fees as your case progresses.
  • Cover case expenses: We will typically advance the costs associated with your case, such as filing fees, obtaining medical records, expert witness fees, and other necessary expenses.
  • Collect a fee only if we win: If we successfully obtain a settlement or win a judgment in your favor, we will receive a percentage of the recovery as our fee. This percentage will be agreed upon in advance and outlined in the contingency fee agreement.
  • No recovery, no fee: If, for any reason, we are unable to secure a favorable outcome in your case, you will not owe us any legal fees.

Benefits of Contingency Fees in Personal Injury Cases:
  • Access to justice: Contingency fees make it possible for individuals who might not otherwise be able to afford legal representation to pursue their personal injury claims.
  • Reduced financial risk: You don't have to worry about paying hourly fees or covering expenses out-of-pocket, which minimizes your financial risk.
  • Aligned interests: Contingency fee agreements align the interests of the lawyer and the client. We are both invested in achieving the best possible outcome for your case.
  • Focus on recovery: With the financial burden lifted, you can focus on healing and recovering from your injuries, while we handle the legal complexities of your case.

Beyond Personal Injury:
While contingency fees are most commonly associated with personal injury cases, they can also be used in other types of civil litigation, such as contract disputes or financial loss claims. At Iacobelli Law Firm, we are experienced civil litigators and can assess your case to determine if a contingency fee arrangement is appropriate.

Considering a Contingency Fee Agreement?
If you've been injured and are concerned about the cost of hiring a lawyer, consider a contingency fee agreement with Iacobelli Law Firm. We are committed to helping you get the justice and compensation you deserve.


Contact Iacobelli Law Firm Today
If you believe you have a viable personal injury claim, don't hesitate to reach out to us. We offer free, no-obligation consultations to discuss your case and explore your options. Let us help you navigate the legal process and fight for 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. 
​
Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Every case is unique, and the information provided here may not apply to your specific situation. Contact Iacobelli Law Firm for a consultation to discuss the details of your case.

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The Virtual Evolution of Law in Florida Personal Injury Cases

2/7/2025

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Today I want to talk about the change of the practice of law post COVID and how COVID really accelerated the change of the practice of law to a more virtual type of practice and how that's really changed the ability of people to select a lawyer. 
Pre-COVID Legal Landscape
Before 2020, There was some ability to do things remotely, depending on the jurisdiction, some were more advanced than others in that respect. But by and large, most client attorney relationships were local, at least at some level. 
It was really important for lawyers that wanted to have a footprint in a wide geographic area, lawyers would have to have, generally, offices in various locations. One to meet with clients, probably equally as important, or maybe more important, was for the ability to attend court and hearings and proceedings. 
The Shift to Remote Legal Proceedings
Well, that's completely changed. The vast majority of proceedings, legal proceedings, in civil litigation today proceed completely remote. That means zoom or other video conferencing for attendances at depositions, client meetings, conferences with opposing counsel, conferences with the court, hearings. Just about everything except trial, the vast majority proceeds on a remote basis these days. 
It also really also benefited the professional experience for a lawyer. Just comparing even in my own professional career, when I started practicing law in South Florida, I was part of a firm that had multiple offices throughout the state of Florida. And the reason we really had those various locations was really to accommodate attendance at court. 
When you contrast that to today, where you can really have your team together in one location and still attend court anywhere, it's really incredible, like how things have changed.
And even just attending depositions, I remember, like I spent as a young lawyer driving, flying, I was flying all over the United States to take depositions of various witnesses or experts. All of that's been, for the most part, eliminated. We can take depositions of witnesses just about anywhere in the world now by video. 
Advantages and Disadvantages of Virtual Practice
There's some disadvantages, but also some really great advantages. You know, there's some loss in the ability to get to know someone or really connect. Lawyers in litigation that have cases against one another. In the past, they spent a lot of time together. You really got to know your opposing counsel well. Sometimes that could help with ultimately resolving a case. 
But what's been gained, I think, is far greater than what's been lost. Efficiency, for sure. Depositions can be handled from anywhere. Witnesses can be deposed from anywhere. So what that means is it's easier to coordinate and schedule because now you don't need to accommodate people traveling and meeting the person, and having a court reporter present, this can be arranged by video conference. And so it really helps to keep the cases moving faster. 
The other thing is the ability to proceed by video for some people is more comfortable. They can do it from a location that's comfortable to them, as opposed to having to go to a formal setting to attend the hearing or to give evidence. 
The other important change is the lawyer can attend court anywhere for hearings without having to travel to the courthouse. You could really have a large footprint and attend any courthouse from one end of the jurisdiction to the other end. On the same day, you can have hearings in two different courts. And that's a really, really phenomenal change. 
Enhanced Client Choices and Lawyer Competition
But I think the most important and valuable change is people's choice in lawyers. You know, several years ago, if someone lived in a remote town, they were pretty well limited to finding a lawyer in their town. This isn't a knock to any lawyer in a remote town. There are plenty of good lawyers. The person's options were limited to their jurisdictional area, their region, because they needed a lawyer that could attend court in their local area.
Well, now people really have the choice of the entire jurisdiction. So whether it's a state or province, they can choose a lawyer anywhere. Competition among lawyers is obviously greater. But the choice for the consumer, for the client ultimately is much, much, much broader. They can interview lawyers, they can select lawyers from just about anywhere to represent them.
And so I think that's the biggest important change that allows now clients to really have full access to justice and find a lawyer that's most suitable for them and their particular case or circumstance. 
Technological Advancements in Court Filings
Courthouses have adopted not just remote video attendance, but also the filing of documents. That was already occurring before, but in the last few years, it's pretty well become universal that courthouses not only prefer but In many cases, require pleadings, documents, motions, anything that has to be filed with the court to be performed electronically. And so that means a lawyer can file documents from anywhere.
It's almost instantaneous through remote filing these days. Whereas before you needed to prepare documents, sign documents, have them printed, and then maybe a process server. Pick them up from the lawyer's office, go to the courthouse, file these things, get receipts, bring it back to the lawyer stamped. All of that inefficiency is for the most part eliminated today. It doesn't exist anymore. You can access court documents electronically. It just really does improve the speed and efficiency of civil litigation. And also reduces the costs, which is also a good thing ultimately for the client. 
Conclusion: Embracing the New Normal in Legal Practice
I would encourage you to reach out to lawyers throughout your jurisdiction, read reviews, talk to lawyers, and try to find the most suitable lawyer for you. You don't have to look specifically in your neighborhood.
I can speak for our practice. We're fortunate enough that we represent clients wide and far, sometimes in cities and towns that I've never even visited. We're still able to form a great relationship with communication through telephone and video calls. And if the proceeding needs to be commenced in the area where the client resides, we can still do that, even though we might be hours and hours away from that location.
Something to consider. It's not for everyone, but certainly it does expand the availability of lawyers and the choice of lawyers. 

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How Much Money Can I Get for My Car Accident?

12/19/2024

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If you’ve been injured in a car accident, one of the first questions you may have is, “How much compensation can I get for my injuries?” The truth is, the value of your claim depends on many factors, including the severity of your injuries, the financial losses you’ve suffered, and the long-term impact on your life. At Iacobelli Law Firm, we believe in pursuing the full compensation you deserve—and not settling for less.

Why Do Some Law Firms Advertise Low Settlements?
You’ve likely seen advertisements from other law firms promoting quick settlements for their clients, highlighting amounts that may seem impressive at first glance. However, in many cases, we believe these settlements fall short of what clients truly deserve.

For serious injury claims, rushing to a settlement can leave money on the table. These injuries often involve complex issues such as long-term medical care, lost income, and significant pain and suffering. Without the right experts and thorough preparation, these factors can be undervalued, resulting in settlements that don’t fully account for the losses suffered by the injured person.

Maximizing Your Compensation for Serious Injuries
At Iacobelli Law Firm, we focus on obtaining maximum compensation for our clients. When handling serious car accident claims, we take a meticulous approach to ensure no detail is overlooked. We work with a team of experts to prove the full extent of your losses, including:
  1. Medical Experts: To assess your injuries and the cost of future medical care.
  2. Vocational Experts: To evaluate how your injuries impact your ability to work and earn income.
  3. Life Care Planners: To project the financial burden of long-term care needs.
  4. Accident Reconstructionists: To establish liability and ensure fault is clearly documented.
  5. Economists:To calculate your financial losses, including lost wages and diminished earning capacity.

By building a strong case supported by expert opinions, we put you in the best position to recover the compensation you deserve.

What Factors Determine the Value of My Claim?
Several factors influence how much compensation you may receive for your car accident claim, including:
  • The Severity of Your Injuries
    Serious injuries, such as spinal cord damage, traumatic brain injuries, or broken bones, typically result in higher compensation due to the extensive medical care required and the long-term impact on your life.
  • Economic Losses
    This includes medical bills, lost wages, and out-of-pocket expenses related to your injury.
  • Pain and Suffering
    Non-economic damages compensate for the physical pain, emotional distress, and diminished quality of life caused by the accident.
  • Insurance Policy Limits
    The at-fault party’s insurance coverage can impact the amount available for settlement. In some cases, we may pursue additional sources of recovery, such as your own underinsured motorist coverage.

Why Choose Iacobelli Law Firm?
At Iacobelli Law Firm, we are committed to securing the maximum compensation for every client we represent. We understand that a serious injury can have a life-changing impact, and we are passionate about holding responsible parties accountable.

If you’ve been injured in a car accident, don’t settle for less than you deserve. Contact us today for a free consultation. We’ll evaluate your case, explain your rights, and fight to ensure you receive fair and just compensation for your injuries.

Contact Iacobelli Law Firm Today
Let us help you navigate the complexities of your car accident claim and secure the compensation you deserve. Call us now or visit our website to schedule your free consultation.
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How To Prepare For A Successful Deposition

12/3/2024

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In a personal injury case, the injured party is likely going to have to have their deposition taken if the case goes into litigation. Your lawyer will prepare you for that. They'll explain the process and the subject matter that's expected to be covered in the deposition.

Understanding the Deposition Process
Deposition in a personal injury case is when the witnesses give oral testimony under oath before trial. It's part of the discovery phase of litigation. 

Discovery Phase and Evidence Gathering
So that means a lawsuit has been filed, but maybe a trial date is still some time away. And so the parties have the right to request witnesses in advance to give their evidence. That means the attorney gets to ask questions of the various witnesses to get their evidence under oath and make assessments of what they would say at trial, if the case ever made it to trial. 

Most cases settle, but a big part of getting a fair resolution of a case is the evidence that's obtained through deposition. 

Duration and Complexity of Depositions
In the context of a personal injury case, the plaintiff or the injured party's deposition usually lasts several hours. It will depend on the complexity of the case in terms of liability, meaning the event that caused the injury or harm, and also the complexity of the injuries themselves. The impact it's had on the person's life, the type of health care, whether it's impacted work, home, leisure, etc. 

I tell clients, expect your deposition to be about three hours. Most jurisdictions have rules on the length of time, and  you will need to consult with your specific jurisdiction and your attorney on what the rule is for the maximum length of time, but as a rule of thumb, they can run anywhere from three hours to a full day. 

We tell clients to make themselves available for the entire day of their deposition. You don't want the client to be under stress and have time constraints or anything else. Set aside the day unless your lawyer tells you otherwise. On this particular day, your focus is doing the best you possibly can at your deposition. 

Importance of Taking Depositions Seriously
Most cases never go to trial. Statistics are well over 90 percent of cases will settle before trial. The value of the case in terms of how much is paid when it settles is often because of the testimony of witnesses at deposition. The deposition can play a critical role in resolving your case as well, giving your lawyer the tools to be able to then negotiate a settlement on your behalf. 

Take the deposition seriously, put in the effort to prepare, because It likely will be the only time that the other side actually gets to hear from you. Although the opposing party will have access to your medical records, the reports of the police, or the other documents relating to how the event occurred, this is really the only time they get to hear from the injured party themselves about what happened and how it impacted their life. Take it seriously, be prepared so that you can put your best foot forward and make the best use of the time.

Who Will Be Present at the Deposition?
So typically present at the deposition will be the deponent or the witness. So you, if, If you're the victim in a personal injury case, your lawyer, a court reporter. Court reporter is going to record everything that's said so that a transcript can be obtained later. And finally, the examining lawyer or lawyers, so the attorney on the other side. It could be one or it could be many. We've had depositions with boardrooms full of attorneys if there's multiple parties. In a more straightforward, typical case, there might just be one attorney on the other side, you and your lawyer and a court reporter. 

In advance of the deposition, you should ask your attorney, who's going to be present? How many people are going to be there? What are their roles going to be? Just so you have some comfort. 

Handling Questions and Stress
Questions will come from the opposing counsel, the attorney representing the defendant, who in personal injury cases is almost always selected and hired by an insurance company. Sometimes those lawyers are employees, direct employees of the insurance company.

Every examining lawyer has a slightly different style. Okay, everybody does it their own way. There's no one way to depose a witness. So it's really tough to prepare a client to anticipate the questions. In my practice, you know, I try to educate my clients on what they're trying to achieve at the time of deposition. So what's the insurance company looking for and how do you best present that in the light most favorable to you. 

It is a stressful environment because you're the one on the hot seat. You're the one being questioned. Take comfort in the fact that your lawyer will be seated probably right next to you, okay. If it's in person, they'll be seated right next to you. If it's by Zoom, you'll have to decide how to coordinate that with your lawyer, whether you'll both be appearing from separate locations or from one location and join the Zoom call together. Some depositions are recorded by video, but they're always recorded in terms of what's said. There's always a transcript created. Which can in many cases be used at trial. 

Breaks and Comfort During Depositions
So we talked about the length of the deposition, that it could be several hours, maybe a, maybe a full day event. Important to know that you don't have to sit there and go through this. It's not an endurance test. You can take as many breaks as you want, especially people who have an injury. and maybe sitting for a long time or staying in a stationary position for an extended period of time is problematic. You can certainly take breaks. Talk with your own counsel in advance and sort of come up with an idea of how often you'll take breaks, but you can certainly request the break anytime.

The lawyers involved are usually very accommodating. They'll tell you, you can take breaks as needed. So take advantage of the opportunity to take a break. It allows you to stand up, stretch, get some air, clear your mind, reset, refocus, and go back and do the best job you can. 

Typically a deposition in a personal injury case will only occur once. There are times where there have been changes to medical conditions. For instance, someone had a back injury, they gave their deposition, but then ultimately they had surgery and now they have recovered from surgery. There may be circumstances where there's an agreement to reconvene for another deposition, but where there is a second deposition, it's typically restricted to a particular area that couldn't have been covered before. So in that scenario, maybe the surgery and the outcome of the surgery that the examining attorney couldn't ask before. That's relatively rare. Most of the time, there's only a single deposition. 

Post-Deposition Steps and Conclusion
Following a deposition, the next steps are typically settlement conferences, either mediation or informal settlement conference between your lawyers, your lawyer and the opposing counsel, sometimes a pre-trial conference with a judge.

There are lots of opportunities to resolve cases after deposition. The cases in litigation Sometimes not as easy to settle a case until at least the deposition has been completed and the lawyers are able to hear from the other side. 
​

Have Questions? Contact Us Today!
If you have questions, feel free to reach out to us. We're happy to talk to you. We wish you all the best on your deposition if you're getting ready for one. If you're one of our clients, we'll prepare you. If you're not, speak to your attorney, make sure you're prepared and ready to go.

​
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Why You Should Never Accept the First Insurance Settlement Offer in Florida

11/12/2024

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After a car accident in Florida, one of the first calls you may receive is from an insurance adjuster offering a settlement. While it might be tempting to accept this offer, especially if you’re dealing with medical bills and lost income, the first settlement is rarely enough to cover the true costs of your injuries. Here’s why you should think twice before accepting that initial offer and how consulting a personal injury attorney can help ensure you receive fair compensation.

Why Insurance Companies Offer Low Initial Settlements
Insurance companies operate with profit in mind, which often means minimizing payouts on claims. They may quickly present an initial settlement to close the case before you’ve fully assessed the impact of your injuries. This offer is often based on standard calculations that don’t take into account the full extent of medical expenses, long-term treatment, and other factors affecting your claim.

By accepting a low initial settlement, you may miss out on compensation for critical expenses and damages, such as:
  • Ongoing medical treatment
  • Physical therapy or rehabilitation
  • Future lost wages if your injuries affect your ability to work
  • Pain and suffering for long-term physical or emotional trauma

Understanding the Tactics Used by Insurance Adjusters
Insurance adjusters are trained to reduce liability for the company. They may use various tactics to persuade you to settle quickly and for less than your claim is worth. Some common approaches include:
  1. Offering Quick Cash to Cover Immediate Expenses: Adjusters know that you may be facing bills or financial stress after an accident. By offering a quick payment, they hope to capitalize on your immediate need, even if the amount is insufficient.
  2. Downplaying the Severity of Your Injuries: They may suggest that your injuries aren’t as severe as you claim, even if you haven’t fully recovered or assessed the long-term impact of the accident.
  3. Discouraging You from Consulting an Attorney: Adjusters may imply that hiring an attorney is unnecessary, often suggesting that it will only delay your payment. However, an attorney’s guidance can be essential to understanding the true value of your claim.
  4. Pressuring You with a “Limited-Time Offer”: Adjusters may imply that the offer is only available for a short period to make you feel rushed. In reality, you have the right to take your time to consider your options.

Why You Shouldn’t Settle Before Knowing the Full Extent of Your Injuries
Car accident injuries can have delayed symptoms, meaning that you may not experience the full impact until days or even weeks after the accident. Conditions like whiplash, concussions, or back injuries can worsen over time and may require ongoing treatment. Settling too soon could leave you without funds to cover these future expenses.

Before accepting a settlement, it’s essential to:
  • Complete a thorough medical evaluation, including consultations with specialists if necessary
  • Get a clear prognosis from healthcare providers to understand your potential long-term needs
  • Consider how your injuries may impact your ability to work and engage in daily activities

Calculating the True Value of Your Claim
The value of a personal injury claim is based on more than just initial medical expenses. To ensure you’re fairly compensated, your claim should consider both economic and non-economic damages, including:
  • Medical Expenses: This includes all current and future medical bills, such as surgeries, medications, therapy, and any assistive devices you may need.
  • Lost Income: Compensation should account for wages lost due to your inability to work, as well as any future earnings lost due to long-term disability.
  • Pain and Suffering: Pain and suffering damages cover the physical and emotional distress you’ve experienced as a result of the accident. This can include anxiety, depression, and reduced quality of life.
  • Property Damage: Don’t forget the costs associated with repairing or replacing your vehicle.

An experienced Florida car accident attorney can help calculate these damages accurately to provide you with a realistic estimate of what your claim is worth.

How an Attorney Can Help You Secure a Fair Settlement
Working with an experienced personal injury attorney can level the playing field and protect your interests. Here’s how an attorney can help:
  1. Evaluating Your Case: A personal injury attorney will carefully evaluate all aspects of your case to understand the full extent of your losses. This includes gathering evidence, consulting medical professionals, and calculating future costs.
  2. Negotiating with Insurance Adjusters: Attorneys understand the tactics used by insurance companies and can counter lowball offers with solid evidence. They have experience in negotiating higher settlements and know when an offer is fair or should be rejected.
  3. Providing Legal Guidance: Navigating a personal injury claim can be confusing, especially if you’re dealing with complex legal or medical issues. Your attorney can explain your options, answer your questions, and handle the legal process so you can focus on recovery.
  4. Litigating if Necessary: If the insurance company refuses to make a fair offer, your attorney can take your case to court. While most personal injury cases settle out of court, the possibility of litigation often prompts insurers to settle fairly to avoid additional costs.

The Risks of Accepting the First Offer
If you accept the first settlement offer, you will likely be required to sign a release, which forfeits your right to seek additional compensation later. This means that if you incur more medical expenses, need further treatment, or suffer ongoing pain, you won’t be able to reopen your claim. Once you sign, you waive your rights to future compensation for the accident.

Take Control of Your Claim with Informed Decisions
After a car accident, the first offer from an insurance company may not reflect the true value of your claim. By understanding the tactics used by adjusters and consulting with a skilled personal injury attorney, you can avoid common pitfalls and protect your right to fair compensation.

At Iacobelli Law Firm, we’re dedicated to helping Florida residents navigate their car accident claims and ensuring they don’t settle for less than they deserve. Contact us today for a free consultation, and let us help you understand the true value of your case.
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When Can You Sue for Pain and Suffering After a Florida Car Accident?

11/12/2024

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Being in a car accident can be physically painful, emotionally overwhelming, and financially stressful. In Florida, you may be entitled to compensation not only for medical bills and lost wages but also for pain and suffering—if your injuries meet certain criteria. Understanding when you can pursue compensation for pain and suffering can help you take the right steps toward securing a fair recovery.

What Is Pain and Suffering in a Florida Car Accident Claim?
Pain and suffering refers to the non-economic damages you endure after an accident, including physical pain, emotional distress, anxiety, and reduced quality of life. Unlike tangible costs like medical expenses, pain and suffering compensates you for the less quantifiable impact that an accident has on your life.

How Florida’s No-Fault Insurance Affects Pain and Suffering Claims
Florida is a no-fault insurance state, which means that each driver’s own insurance policy is typically responsible for covering initial medical expenses and lost wages, regardless of fault. This is known as Personal Injury Protection (PIP) coverage. However, PIP benefits are limited, and they don’t cover pain and suffering.

To sue for pain and suffering after a car accident, you must first meet Florida’s threshold for “serious injury,” allowing you to go beyond PIP and pursue compensation from the at-fault driver’s insurance.

What Qualifies as a Serious Injury in Florida?
To sue for pain and suffering, your injuries must meet at least one of the following criteria under Florida law:
  1. Significant or Permanent Loss of an Important Bodily Function: If the accident results in a long-term loss of mobility, sensory ability, or function (such as loss of use in an arm or leg), you may qualify.
  2. Permanent Injury Within a Reasonable Degree of Medical Probability: If medical experts can attest that your injuries are likely permanent, you could be eligible to seek pain and suffering damages. This could include injuries that will require lifelong care or ongoing treatment.
  3. Significant and Permanent Scarring or Disfigurement: If the accident has left you with scars or disfigurements that are substantial and visible, you may qualify for pain and suffering damages.
  4. Death: In the unfortunate case that a car accident leads to death, the deceased’s family members or estate may file a wrongful death claim and seek damages for pain and suffering on behalf of the victim and family members.
If your injuries do not meet these thresholds, you may not be eligible to sue for pain and suffering in Florida and would likely be limited to PIP benefits for medical expenses and lost wages.

How Pain and Suffering Damages Are Calculated in Florida
Calculating pain and suffering damages can be complex, as these damages don’t have a direct monetary value. Attorneys and insurance companies often consider several factors:
  • Severity and Duration of Injuries: Severe injuries that require long recovery times generally result in higher pain and suffering damages.
  • Impact on Daily Life: If your injuries prevent you from performing daily activities, enjoying hobbies, or maintaining relationships, you may be entitled to greater compensation.
  • Age and Lifestyle: Younger individuals or those with highly active lifestyles may receive higher compensation for injuries that drastically alter their lives.
  • Emotional and Psychological Impact: Chronic pain, PTSD, anxiety, and other mental health challenges related to the accident can also increase pain and suffering compensation.
An experienced personal injury attorney can help ensure these factors are accurately presented in your claim to seek maximum compensation.

Steps to Take If You Believe You Qualify for Pain and Suffering Compensation
If you’ve been in a car accident in Florida and believe you meet the criteria for pain and suffering damages, here’s what you should do:
  1. Seek Immediate Medical Attention: Proper documentation of your injuries is crucial to proving their severity. This will also help establish a clear timeline, showing the impact of your injuries and ongoing treatment.
  2. Consult with a Personal Injury Attorney: Pain and suffering claims require strong evidence and a thorough understanding of Florida law. An experienced attorney can assess your situation, gather necessary evidence, and help you build a compelling case.
  3. Document the Impact on Your Life: Keep a detailed record of how your injuries affect your daily activities, mental health, and quality of life. This documentation can support your claim for non-economic damages.
  4. Don’t Settle Prematurely: Insurance companies may try to settle quickly, often offering less than your case may be worth. Consulting an attorney before accepting any settlement ensures that you don’t miss out on potential compensation.

How Iacobelli Law Firm Can Help
At Iacobelli Law Firm, we understand the unique challenges faced by accident victims in Florida. We know how life-altering injuries can impact not only your physical health but also your emotional well-being and financial stability. Our experienced team of personal injury attorneys will work diligently to assess your case, gather necessary evidence, and pursue the compensation you deserve for pain and suffering.

We’re committed to helping Florida residents navigate the legal system and ensuring they receive fair compensation for their injuries. Whether through negotiation or litigation, we fight tirelessly for our clients’ rights.

Protecting Your Right to Fair Compensation
If you’re dealing with serious injuries from a car accident in Florida, you don’t have to handle the burden alone. Understanding when you can sue for pain and suffering is the first step in taking control of your recovery. By consulting with a knowledgeable attorney, you can ensure your rights are protected and work toward the compensation you deserve.

Contact Iacobelli Law Firm today for a free consultation. We’re here to answer your questions, evaluate your case, and help you pursue the justice and compensation you need to rebuild your life.
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New Video: Cross-Border Accidents - Know Your Rights When Injured Abroad - Canadians injured in Florida

10/21/2024

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Have you ever wondered what happens if you're injured in an accident while traveling in another country? Or what if someone from another country causes an accident in your home state?  Our latest YouTube video tackles a crucial topic for Canadians traveling south: what happens if you're injured in an accident while visiting Florida? Many Canadians, especially "snowbirds" escaping the winter chill, may not realize the complexities of navigating personal injury claims in a different country.  These complex situations fall under the umbrella of cross-border accidents, and they come with their own set of legal considerations. We delve into the intricacies of cross-border accidents, focusing on incidents between Canada and the U.S. We discuss:
  • Jurisdiction: Discover how the location of the accident and your home jurisdiction can impact your rights and remedies.
  • Auto Insurance: Learn how auto insurance claims differ from other types of personal injury claims in cross-border situations.
  • Rights and Remedies: Understand the steps you should take if you're injured abroad, including seeking legal counsel and gathering evidence.
  • Foreign Defendants: Find out how to pursue a claim against someone who resides in a different country.

​Whether you're a frequent traveler or simply curious about international law, this video will provide valuable insights into cross-border accidents. Watch now and learn how to protect yourself and your loved ones while traveling.


Don't forget to subscribe to our channel for more informative videos on personal injury law and other legal topics!

Disclaimer: This video is for informational purposes only and does not constitute legal advice. If you have been injured in a cross-border accident, it is crucial to consult with a qualified attorney in your jurisdiction.
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Top 10 Misconceptions About Personal Injury Claims in Florida

9/8/2024

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When it comes to personal injury claims, many people hold misconceptions that can impact the compensation they receive for their injuries. If you’ve been hurt due to someone else’s negligence in Florida, it’s important to understand the truth behind these common myths. Here’s a breakdown of the top misconceptions surrounding personal injury claims and why hiring an experienced attorney is crucial for protecting your rights.

Misconception 1: "I have insurance, so I don’t need an attorney."
While having insurance may seem like a safety net, it’s important to remember that insurance companies are for-profit businesses. Their goal is to minimize payouts, often offering settlements that are far below what you may actually deserve. Without an experienced attorney, you may end up accepting an offer that doesn’t fully cover your medical bills, lost wages, or other expenses.
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A personal injury attorney will not only negotiate with the insurance company on your behalf but also ensure that all factors—such as future medical costs and lost earning potential—are considered. Your attorney will work for you, not the insurance company, ensuring your claim reflects the true extent of your losses.

Misconception 2: "I can just hire an attorney later if I need one."
Waiting to hire an attorney could jeopardize your claim. The sooner you seek legal representation, the better chance your attorney has to gather critical evidence and build a strong case. In Florida, most personal injury claims must be filed within two years of the incident due to the statute of limitations. Waiting too long can also result in the loss of key evidence.

Additionally, once you accept a settlement from the insurance company, you forfeit your right to seek further compensation—even if future medical expenses arise. Don’t risk settling for less than you deserve; consult with an attorney early to understand your options.

Misconception 3: "Hiring a lawyer is too expensive."
Many people avoid hiring an attorney because they believe it will be too costly. However, most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. If they don’t recover any compensation for you, you owe them nothing. This setup allows injured individuals to access legal help without the upfront financial burden.

Furthermore, the cost of not hiring a lawyer can be far greater. For example, if you accept a $3,000 settlement when an attorney could have negotiated $30,000, the opportunity cost is significant.

Misconception 4: "I don’t want to sue anyone; it feels wrong."
Filing a lawsuit is not about seeking revenge—it’s about protecting yourself and your future. The money recovered in personal injury claims comes from insurance companies, not directly out of the at-fault individual’s pocket. These insurance policies exist specifically to cover situations like yours. Filing a claim is your legal right and can provide the financial support you need for recovery.

Misconception 5: "People who file personal injury lawsuits are just greedy."
This harmful misconception is perpetuated by insurance companies. Most personal injury claims are filed by individuals who have genuinely suffered due to someone else’s negligence. These claims are not frivolous; they seek to provide financial compensation for medical bills, lost wages, and pain and suffering. Don’t let the stigma deter you from seeking the compensation you deserve.

Misconception 6: "It will take forever to resolve my case."
While personal injury cases can take time, many are settled before they reach court. Insurance companies often prefer to negotiate a fair settlement rather than face the costs of litigation. By hiring an attorney, you can speed up the process and ensure your case is handled efficiently while you focus on your recovery.

Misconception 7: "My family or estate lawyer can handle my personal injury case."
Just like you wouldn’t ask a general practitioner to perform heart surgery, you shouldn’t rely on a lawyer who doesn’t specialize in personal injury law. Personal injury cases are complex, and experienced personal injury attorneys have the knowledge and skills to navigate insurance negotiations and court proceedings. Hiring the right lawyer can make a significant difference in the outcome of your case.

Misconception 8: "If I hold out, I will get a bigger settlement."
Holding out for a larger settlement isn’t always the best strategy. An experienced attorney will know the right balance between negotiating for a fair settlement and avoiding unnecessary delays. In many cases, having an attorney from the start can prompt the insurance company to offer a reasonable settlement without the need for extended negotiations.

Misconception 9: "I can’t get medical treatment until my case is settled."
You should never delay medical treatment while waiting for your case to be resolved. Not only is it crucial for your health, but it also provides evidence of your injuries, which strengthens your claim. Many doctors will work with you while your claim is pending, and there are options like using your own medical insurance or temporary funding to cover bills until the settlement comes through.

Misconception 10: "I’ll just handle it myself to save the headache."
While it may seem easier to deal with the insurance company on your own, this can often lead to under-compensation. Personal injury claims involve legal and financial complexities that most people are not equipped to handle. Having an experienced attorney on your side means you won’t have to navigate these challenges alone, and you’ll likely receive a higher settlement.

At Iacobelli Law Firm, we are dedicated to helping injured individuals in Florida get the compensation they deserve. If you or a loved one have been hurt due to someone else’s negligence, don’t hesitate to contact our experienced personal injury attorneys for a free consultation.


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Should You Hire a Personal Injury Attorney? Weighing the Pros and Cons

9/8/2024

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Accidents happen, and when they do, the aftermath can be chaotic. Medical bills pile up, insurance adjusters call, and the legal complexities seem insurmountable. In these trying times, you might wonder if hiring a personal injury attorney is the right move. Let's delve into the pros and cons to help you make an informed decision.

The Upside of Legal Representation
  • Expertise Matters: Personal injury law is intricate. Lawyers specializing in this field understand the nuances of the law, enabling them to build a strong case on your behalf.
  • Maximizing Your Compensation: Insurance companies are businesses, and their goal is to minimize payouts. A skilled lawyer can negotiate aggressively to ensure you receive fair compensation for medical bills, lost wages, pain, and suffering.
  • Navigating the Red Tape: From filing paperwork to meeting deadlines, the legal process can be overwhelming. Your lawyer takes care of the administrative burden, allowing you to focus on healing.
  • Going to Trial: While most cases settle, if yours goes to court, a personal injury lawyer will be your advocate, presenting your case persuasively before a judge and jury.
  • Peace of Mind: Recovering from an injury is stressful enough. Knowing a legal professional is fighting for your rights provides invaluable peace of mind.

The Potential Downsides
  • Legal Fees: Most personal injury lawyers work on a contingency fee basis. This means they only get paid if you win your case. However, the contingency fee is typically a percentage of your settlement or award.
  • Time: Legal proceedings can take time. If your case goes to trial, it could be months or even years before you receive compensation.
  • Loss of Control: While your lawyer will keep you informed and involved, ultimately, they are in charge of legal strategy.

When a Lawyer is Highly Recommended
  • Severe Injuries: If you've sustained life-altering injuries, a lawyer is essential to secure the compensation you need for ongoing medical care, rehabilitation, and lost earning potential.
  • Complex Cases: Accidents involving multiple parties, disputes over liability, or significant property damage require expert legal guidance to navigate the complexities.
  • Insurance Company Disputes: If the insurance company denies your claim, offers an unfairly low settlement, or engages in bad faith tactics, a lawyer will protect your rights.

The Sooner, The Better
Remember, time is of the essence. Evidence can disappear, and witnesses' memories can fade. If you're considering legal representation, consult with a personal injury lawyer as soon as possible after the accident. Many offer free initial consultations, giving you the opportunity to discuss your case and assess your options without any financial commitment.

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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Disclaimer: This blog article is for informational purposes only and should not be construed as legal advice. If you have been injured in an accident, consult with a qualified personal injury lawyer to discuss your specific circumstances.
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    Andrew A. Iacobelli is a personal injury attorney. Andrew is  licensed to practice law in the States of Florida, Michigan, Texas 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.

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