Do you have a personal injury claim?
A personal injury claim may arise when you or someone you love suffers an injury caused by another negligent person or entity. Negligence means doing something wrong that causes someone else to get injured. For instance, in a car accident, the negligent driver is the driver who caused the accident. You also need a lawyer to assist you if an insurance carrier denies a rightful claim, regardless of who was at fault. At Law Office of Tammy Strohl P.A., in Naples, FL, we will take every necessary step to help you file a timely claim and recover the full compensation you and your family are entitled to.
How long ago did your accident happen?
There is a four-year statute of limitations (time limit) for personal injury claims in Florida. After the time limit expires, you cannot bring a claim. Opportunities to get around the statute of limitations are very limited, so it's important to contact a lawyer as soon as you think you may have been injured.
Re-injury accidents in Naples, FL
Many people are injured more than once over the course of their lives. In some cases, a new injury may make an old injury worse or re-aggravate it. If a prior injury is bothering you after an accident, the insurance company may try to claim that your injuries are pre-existing and weren't caused by your accident. We can help you challenge the insurance carrier and pursue the compensation you deserve.
Do you have enough evidence to prove an injury?
Immediately after an accident, it's important to seek medical attention to document your injuries and losses. It's important to document that the injury you have suffered is related
to your claim because it's your burden to prove your injuries. If you have sought
medical treatment in the past but
are still suffering side effects from an injury, you may need additional medical assessments and treatment to ensure that you recover the full compensation you are entitled to.
Are your injuries serious enough for a personal injury claim?
To have a valid personal injury claim, Florida has a personal threshold injury requirement. You need to consult with a doctor who has knowledge and experience in personal injury. However, it's important to recognize that many types of injuries can be permanent. Even soft tissue injuries, such as whiplash, can become permanent. You should never give up your right to pursue a personal injury claim without consulting a lawyer.
How much is your claim worth?
The value of your claim will depend on the full extent of your losses. As your attorney, we'll work with appropriate experts and take a comprehensive approach to collect compensation for all of your medical expenses, lost wages, pain and suffering, long-term care needs, and any additional personal losses you have endured. It's important to consult with an attorney before settling with an insurance company so that you do not waive your rights to future claims and compensation. Contact us for a FREE consultation.
Q: When selecting a lawyer, what considerations are important?
There are several important considerations in hiring an attorney. These include experience, focus, and personal attention. You have the right to know the experience of the attorney that will be handling your case. Ask for written
results obtained by that attorney. Ask who will be handling your case and who'll be representing you in court if your case needs to go before a jury. You may be surprised to learn that the face you see on television or the voice that you hear on the radio may not actually be the one that handles your case or represents you in front of a jury, if your case needs to go to trial. You have a right to know who will be handling your case if a trial is necessary, and the experience, skill and qualification of that attorney. You have the right to know the number of cases that the firm handles. You may be surprised to learn that some of the firms that you see on the television handle thousands of cases at one time. Don't be afraid to ask questions and demand answers, your case is extremely important to you and you have the right to have trust and confidence in the Law firm that represents you.
Q: Will Tammy Strohl be the one handling my case?
Yes, Tammy Strohl will personally handle your case.
Q: Do I need a personal injury lawyer?
If another party’s recklessness, carelessness or negligence has caused you to suffer a serious personal injury, you should contact a lawyer. Typically, victims who attempt to recoup compensation on their own receive smaller settlements than those who enlist the services of experienced personal injury attorneys. At Law Office Of Tammy Strohl P.A., our personal injury attorneys handle claims involving, among other things:
- Auto accidents
- Wrongful death
- Victims of drunk drivers
- Uninsured motorists
- Traumatic brain injury
- Spinal cord injury
- Premise liability
- Bicycle accidents
- Dog bites
- Motorcycle accidents
- Slip and falls
Q: How do I know if I have a personal injury claim?
To have a personal injury case, you must be able to show that you have been injured physically by someone else under a negligence, strict liability or intentional misconduct theory. This means someone or some business was at fault for the injury.
Q: What do I do after an accident?
Seek medical help immediately and report your injuries. Call your insurance company to report the accident but do not give them a recorded statement without first calling Law Office of Tammy Strohl P.A.
Q: Can I get financial compensation in a personal injury claim?
Compensation for your injuries depends on several factors, including physical and mental pain and suffering, economic hardship or financial loss, decreased earning potential and physical impairment, including disfigurement. Depending on the type and extent of your personal injury, you may be eligible for compensatory (actual) damages, and punitive (punishment) damages.
The damages may include the following:
- Medical bills
- Lost wages
- Pain and suffering
- Physical disability
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment
- Loss of love and affection
- Mental disability
- Property damage
- Out of pocket expenses (transportation charges, house cleaning, grass cutting, and others)
Q: How much time do I have to present my case?
The statute of limitations is a time period within which you must take action in order to preserve your rights in a claim. The statute of limitations for a personal injury case in the State of Florida is four (4) years.
Q: Who can I sue for a personal injury?
Anyone who suffers a personal injury due to the recklessness or negligent actions of someone else may be eligible to file a lawsuit. Whether your injury was sustained in a motor vehicle accident or premises liability accident, you can bring a claim against the responsible party. Additionally, you may be entitled to file a wrongful death claim if you have lost a loved one.
Q: How long does this type of case take?
The answer to this question is primarily determined by the complexity of the case. The last thing we want to do is resolve a case, while our client is still healing or does not have a good understanding of what their future medical condition will entail. It's not a benefit to our clients to rush settlement of an injury case and then find out post-settlement that they need additional surgery or will have ongoing future medical expenses. Often the average auto accident injury claim, premise liability case or another type of general negligence case is resolved within anywhere from 6 to 12 months after completion of the recommended course of medical treatment. However, if your case is forced into the court system to trial, it may take considerably longer.
Q: What financial compensation can I receive in a personal injury lawsuit?
There is no guarantee of compensatory damages that could be awarded during personal injury litigation since these types of cases can vary greatly. However, the following are some of the considerations when verdicts and settlements are awarded:
- Medical expense
- Lost wages or earning capacity
- Pain and suffering
- Long-term case costs
- Property damage
- Physical pain
- Loss of mental anguish
- Loss of life and companionship
Q: Will I be able to recover money even if I am partly at fault?
Yes. In many cases, accident victims can recover money even if they are partly to blame for the accident. There are, however, many factors that go into attributing a certain percentage of fault to each party involved. You should consult an attorney to discuss the specifics of your case.
Q: What are things I may not know that could hurt my case?
Things that could hurt your case are: Giving a recorded statement to the insurance company without consulting a lawyer can badly damage or destroy your case. Exaggerating or underestimating the extent of your injuries. Talking to anyone about your case (except us and your doctors treating you for the incident). Assuming the insurance adjuster wants to help you - the adjuster’s sole job is to save the insurance company’s money. Witnesses and evidence must be secured and maintained immediately after an accident, or they will be lost forever.
Q: Must I report an accident?
Absolutely. You should call the local police, sheriff's office or highway patrol. At your first opportunity, report the accident to your insurance company. Within ten days, you and the other driver must report the accident to the Florida Department of Motor Vehicles if the damage to either case is more than $500.00 or anyone is injured. You should get a copy of the accident report from the police or insurance company.
Q: Why is it important to call Law Office of Tammy Strohl, P.A. immediately
after my accident?
It's important that we immediately start gathering the evidence to build the best case for you, and this includes taking statements of witnesses, carefully analyzing information on the crash report, obtaining insurance information to find all sources of monetary recovery, taking photographs and preserving evidence before it's destroyed. Dealing with the insurance companies involved. Making a decision on which insurance applies, finding all available sources of compensation for you, making decisions on how to maximize your recovery for medical bills, lost wages, pain and suffering, and loss of the enjoyment of life due to the accident.
Q: What should I do if I’ve been injured in an automobile accident?
When a motor vehicle is in an accident, it's important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and the license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident. Obtain photos of the damage to both cars, if possible, or make arrangements to get such photos. If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits. It's important to immediately contact your own vehicle insurance company to report any property damage or personal injury. If you or a passenger is injured in a motor vehicle accident, prompt medical attention should be obtained.
- Do not leave the scene until police or medical aid arrives. (If you have hit a parked car, leave a note and an explanation along with your address and phone number)
- If there is an injury, seek medical help immediately. If you know first aid and are able to help, do so. If circumstance allows, you may drive an injured party to medical aid. If the party is in danger by remaining where they are, but they are too injured to move, you should move them out of harm’s way
- Gather all the information you can such as: the name of the other driver; their address; vehicle registration; name of the owner or owners of the vehicle, if not the driver; driver’s license number with state and expiration date; birth date; phone numbers (office / home / cell phone); insurance company; names, addresses, and phone numbers of passengers
- If you are aware of witnesses, get their identification
information. If they drive off before you speak with them, try to get their license plate number
- If you are given a traffic ticket, is okay to sign it as this is not an admission of guilt. But, be sure to contact your attorney before you pay any fine or appear in court
- Take note of the date, time, location, road conditions and weather conditions
- Draw a diagram of the accident scene
- Take photos of damage to both cars and any damage caused to any other property
- Write down the facts as you remember them as soon as it's possible to do so
- Describe, in writing, any injuries you may have sustained and keep a running list of any
medical providers with whom you treat
Q: If I need to see a doctor but
I have no money and no health insurance, who will help me?
A: Law Office of Tammy Strohl, P.A. frequently
helps its clients locate the names of specialists in the community that will represent accident victims on a “letter of protection”, which means that the doctor will not require payment until the case settles. Please also keep in mind that all standard motor vehicle policies in Florida provide $10,000 of PIP coverage towards your medical bills and lost wages. Some automobile insurance policies also provide additional coverages.
Q: What sources of insurance coverage may apply to my case?
There are several potential sources of insurance available to provide coverage in accident cases, which is why it's very important to consult Law Office of Tammy Strohl, P.A. immediately
to discuss your rights. Those sources of available insurance include bodily injury liability coverage, uninsured or underinsured motorist coverage, umbrella or excess coverage, personal injury protection coverage, medical payments coverage, and other sources of insurance coverage.
Q: What if the other driver has limited insurance coverage, is that all that I can collect?
This is a very important question that should be answered by immediately scheduling an appointment with Tammy Strohl. In some instances, insurance companies in Florida act in “bad faith” by not settling a claim when they could have and should have done so had they acted fairly and honestly toward their insured. When an insurance company acts in “bad faith,” this can give rise to additional damages which exceed the insurance policy limits.
Q: Why does my insurance company have to get involved if the accident was not my fault?
Even when our client is in an accident that is based on the negligence of another person, we still are able to make a claim for personal injury protection benefits, more commonly known as PIP. This is the “no fault” insurance that the Florida Legislature designated would pay 80% of a person’s medical bills and 60% of a person’s lost wages, up to $10,000.00, whether or not they are at fault. Some people have chosen to exclude wages on their policy, so we would have to come in with your insurance policy to verify coverage. Your personal injury insurance also becomes increasingly important in the unfortunate situation where a negligent person causes an accident and they are uninsured or underinsured. You can then make a claim, provided you have paid a premium for uninsured and underinsured motorist coverage with your own insurance company. In these cases, your damages would be paid by your own insurance company as if they have stepped into the shoes of the responsible party.
Q: Can’t I just estimate the cost of my own injuries right away?
Because the full extent of many injuries may not be known for quite some time after the accident, an attorney can help you evaluate your potential losses. It’s devastating to sign away your rights only to later discover that your injuries and losses were worse than you originally thought.