Frequently Asked Questions
If I get hurt at a store, in a parking lot, or while walking along a sidewalk, do I have a case?
Who can make a personal injury claim?
What is P.I.P.?
What should I tell an insurance adjuster, who calls me, after I am involved in a crash?
Are there special rules that apply to wrongful death cases?
Can I sue the owner of the property where I was injured?
Are higher settlements and verdicts available in catastrophic injury cases?
Is there a time limit for me to sue or collect benefits for my injuries?
If proper security measures would have prevented my injury, do I have a case?
Is it possible to recover more than the at-fault driver’s party’s insurance policy limits?
Can I still recover compensation if I am partially at fault for my injuries?
As a motorcycle owner, am I required by law to carry P.I.P.?
What can be done to preserve the evidence I need to prove the facts of my case?
If I slip and fall at a business, is the owner of the business or other premises legally responsible for injuries sustained?
Typically, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known. For example, if an owner, or his employees, knows that there has been a spill within their establishment, then they must act reasonably to clean up the spill and to prevent visitors from walking through the spill.
It is the responsibility of your experienced injury attorney to gather the relevant facts and to know the applicable legal principles in order to determine if the owner can be held liable for the injuries caused in a fall. Frequently, it is a difficult process because most of the evidence and testimony must come from the owner and his employees.
What issues will I face in making a claim for my injuries sustained in an auto accident?
A claim for injuries, sustained in an car accident, is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act.
The two categories of issues that typically arise in a tort claim after an automobile accident are the following:
- Liability – who is at fault and to what degree
- Damages – injuries or losses that were caused by the accident
How will I pay all my medical bills?
If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person’s liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills.
What is a deposition?
A deposition is a statement given under oath before a Court Reporter. This is usually done in a lawyer’s office where the witness answers questions given by the personal injury lawyers representing both parties to the case. The reporter makes a written transcript of everything said at the deposition and the witness signs the transcript swearing it is an accurate rendition of the evidence he /she gave.
What are the most common personal injury lawsuits?
The most common Personal Injury cases are car accidents; however dog bites and slip and falls are a close second. Others personal injuries include sexual abuse, wrongful death, denial of civil rights, construction accidents, motorcycle accidents, medical malpractice, professional malpractice, product liability, slander and damage to property. When you have received an injury to yourself or your property, contact a personal injury attorney.
What is the definition of tort law?
Tort law is broken into three categories:
- Intentional tort – the Defendant knew, or should have known, injury could occur as a result of his/her actions or inactions.
- Negligent tort – the Defendant was unaware that an injury could occur as a result of his/her actions, and at the same time, the Defendant was not acting in a safe manner.
- Strict liability tort – a specific action caused the damages rather than the lack of care on the defendant’s part.
What is personal injury law?
Personal injury law, also known as tort law, is a civil wrong or wrongs recognized as legal causes for lawsuits. Injuries sustained by the victims of such wrongs provide the basis for a claim for damages incurred by the injured party.
Can I settle my workers’ compensation case for a lump sum of money?
What are some of the benefits I am entitled to if I have a workers’ compensation case?
In Florida, are all injuries that are suffered while working for my employer covered under workers’ compensation?
Can I recover more than just workers’ compensation benefits if I am injured while working for my employer?
Can I sue my employer for a trip and fall or other work related injury?
In order to have a workers’ compensation case, do I have to prove who is at fault?
I need to hire an attorney, but I can’t afford to pay for one up front. Are you still able to help me?
Am I entitled to a lump-sum settlement of my case?
A lump-sum settlement is allowed but is not mandatory. Any negotiations are strictly voluntary between the injured worker and the insurance company. A judge cannot force the insurance company to settle your case.
When is an impairment rating assigned?
When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have a permanent loss of function of a part of your body. When that date is approaching, it is important that you let our office know.
Can I choose my own doctor?
No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.
How are the doctors and other health care providers paid?
All authorized health care providers must bill your workers’ compensation insurance company directly. If you receive a bill, mail it to the insurance company or to your lawyer. Do not pay it yourself.
Do I have to pay any of the medical costs?
Your employer or its workers’ compensation insurance company must pay for all approved and medically necessary care. If you are injured on or after January 1, 1994, you are required to pay a $10.00 co-payment per visit for medical treatment after you reach maximum medical improvement (MMI).
When will I get my first check?
The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you reported your workplace injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week.
Are workers’ compensation benefits taxable?
Where does my workers’ compensation benefit check come from?
It comes from your employer’s workers’ compensation insurance company (the carrier) or from your employer if the company does not have insurance.
Is my employer required to have workers’ compensation insurance?
Employers with four or more employees, part-time or full-time, are required to have workers’ compensation coverage. An employer in the construction industry with one or more employees is required to have insurance.
Must I be released to full duty before I can return to work?
No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).
Can my employer fire me if I am out and receiving workers’ compensation benefits?
Yes. You should not be fired in retaliation for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work. If you have questions about your claim, contact the Florida Workers’ Compensation Law Office of Rosen & Ohr, P.A.
Do I need a lawyer to pursue a medical malpractice case?
Yes. Medical malpractice cases are very complex and difficult to pursue. A medical malpractice attorney will obtain all the proper documentation – proper medical records, laboratory results, pathological reports, and all other reports resulting from testing. An experienced medical malpractice attorney will then review your case with expert witnesses to determine the best outcome for your case. Contact Rosen & Ohr, P.A., or ask us for the name of a medical malpractice attorney in your area.
What are the statutes of limitations to bring a medical malpractice case?
The statutes of limitations vary between state and case. If you feel you have been the victim of a medical malpractice, contact Rosen & Ohr, P.A., or ask us for the name of a medical malpractice attorney in your area, to determine the statutes of limitations directly associated with your state and case.
What is informed consent?
Informed consent is an individual’s agreement to allow medical treatment to be rendered based upon full disclosure of all of the facts necessary to make an intelligent decision.
What are typical medical malpractice claims?
- Failure to properly diagnose a medical condition.
- Failure to properly treat a diagnosed condition.
- Failure to obtain an “informed consent” from the patient prior to treatment.
How do I know if I have a medical malpractice case?
Determining whether a health care provider may be liable for medical malpractice requires both legal and medical evaluations. You should consult with a qualified attorney if you suspect you have been the victim of medical malpractice so that the attorney can thoroughly and properly evaluate the legal and medical issues involved in your particular situation. If you need a medical malpractice attorney, contact Rosen & Ohr, P.A., or ask us for the name of a medical malpractice attorney in your area.
What if I did not end up with the desired outcome after treatment? Is that considered medical malpractice?
In most cases, no. If the desired outcome had nothing to do with the doctor’s skill of care exercised, then the likelihood of medical malpractice is very slim.
Who can be held accountable for medical malpractice?
Any person who provides medical care to you and is a “health care provider” as defined by Florida Statutes.
What damages can be recovered from a medical malpractice lawsuit?
- Medical expenses for treating the injuries caused by the malpractice
- Damages for pain and suffering
- Disfigurement and disability damages
- Lost wages
- In appropriate circumstances, law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship that are lost due to malpractice.
What is medical malpractice?
Medical malpractice occurs when a healthcare provider, as defined by Florida Statutes to include doctors, hospitals, HMO’s, nurses, chiropractors, and therapists – fails to provide a given standard of care, resulting in injury or death.