Southwest Florida Accident Attorney

Personal Injury Lawyer Serving Lee County, Charlotte County, Collier County, Hendry County and beyond

At the Harris Law Firm, P.A., we find that many of our clients have questions regarding personal injury claims and auto accident cases, including which parties can be considered liable in an auto accident and what kind of compensation the plaintiff is entitled. If you would like to learn more about auto accident cases, please feel free to reference this list of frequently asked questions.

A personal injury lawyer from our firm, serving Lee County, Charlotte County, Collier County, Hendry County and beyond, would be pleased to answer any additional questions you may have or to schedule a free consultation to discuss your case in person.  Please contact our law firm today.

Can I file a personal injury claim?

If you have been injured in an auto accident or someone you love has been seriously injured or killed, you may be eligible to file a personal injury claim or wrongful death lawsuit against the liable party or parties. A personal injury lawyer from Harris Law Firm, P.A., serving Lee County, Charlotte County, Collier County, Hendry County and beyond, can review your case and advise you of your legal rights and options.

You can rest assured that our staff will work diligently to ensure your claims and rights are fully protected, and we will treat your case with the care and attention it deserves. At Harris Law Firm, P.A., we are committed to protecting the rights of individuals who have been injured through no fault of their own to ensure maximum recovery for the client.

Can I afford to hire a personal injury lawyer?

At Harris Law Firm, P.A., we believe that individuals who have been harmed as a result of another party’s negligent and reckless actions deserve the very best legal representation, regardless of their financial standing. We handle our personal injury cases on a contingency fee basis to meet the needs of our clients. This means that you do not have to pay anything when you sign up.  If you do not receive a recovery on your case, then you will not be obligated to pay attorneys’ fees. Therefore, you, as the client, obtain free legal representation unless and until we obtain a recovery for you.

Who can be held liable in an auto accident case?

In a multi-vehicle collision, the at-fault driver is liable for any damages that occur. In motor vehicle accidents with special circumstances, such as those involving product liability or more than one at-fault driver, it may also be possible to file a lawsuit against a third party. Punitive damages may be available in cases involving a motorist who was driving under the influence of drugs or alcohol. We also pursue punitive damages when we can prove the other driver was texting while driving.

Even if the at-fault driver does not have insurance, you may have uninsured/underinsured (UM) motorist benefits available.  An auto accident attorney at Harris Law Firm, P.A. can review your case and identify the liable parties or insurance companies.  If you are seeking legal counsel from a personal injury lawyer in the Lee County, Charlotte County, Collier County, Hendry County or elsewhere in Southwest Florida, we have the knowledge and experience to handle your case, no matter how complex.

What compensation may I be eligible for?

It may be possible to obtain financial compensation for medical costs, rehabilitation costs, loss of wages, lost earning capacity, pain and suffering, and property damage if you have been in an auto accident.  Please note that you can still obtain these damages if your injury is an aggravation of a pre-existing condition.  In the event that a member of your family was seriously injured, then you may be able to recover compensation for long-term care or, if you lost a loved one, funerary costs.

What are the different types of insurance and what do they do?

In Florida, there are different types of insurance that will apply to your automobile accident case.  These different types of insurance all have different roles in your treatment as well as making a financial recovery for your injuries. Speak to an attorney immediately about the different types of coverage available to you so that your best interests can be protected.

Personal Injury Protection (PIP)

PIP is your own no-fault insurance that is required by law in Florida.  This coverage comes from your own insurance policy and not the other person involved in the accident.  PIP coverage provides $10,000 of medical and disability coverage regardless of fault.  This means that you can receive PIP benefits in an accident that was your fault.

You do not have to pay back any PIP benefits if you make a financial recovery. PIP coverage pays 80% of your medical payments directly to your health care providers.  PIP coverage is primary by law in Florida and must be billed before health insurance or other coverage.  PIP also pays mileage and 60% of your lost wages every two weeks upon submission. This means that if you can obtain payment for mileage to your doctor’s office as well as partial payment for time that you take off from work to go to your doctor.

Medical Payments (MedPay)

Medical Payments coverage is additional no-fault coverage that you purchase for yourself.  It pays 100% of medical bills and makes up for any uncovered portions of PIP coverage as well as any health insurance deductible that you may have.  If you have medical payment coverage, you can apportion your PIP coverage for lost wages while paying your medical bills with MedPay.

Health Insurance

Your health insurance is secondary to your no-fault coverages.  After your no-fault coverages are exhausted, all of your accident related medical bills should be submitted to health insurance.  You will be subject to deductibles and other qualifications required by your health insurer.

Caution: We understand from news reports that some lawyers connected with TV referral services discourage their clients from using their available health insurance to pay for their health care costs connected to an auto accident, especially when they refer the patient to a health clinic associated with the TV referral service.  Apparently, the idea behind this is that this will prop up the amount of medical bills needed to be paid for, and improve the settlement offer.  Bad idea.  Not only does this not have the intended effect, as an injury victim has an obligation to mitigate their damages, but really serves to benefit the health clinic and not the patient/client.  Be careful of lawyers who suggest you engage in this unhelpful tactic.

Bodily Injury (BI)

Bodily injury liability coverage is the other person’s insurance.  BI coverage is insurance that the other person has purchased to pay for your physical injuries including pain and suffering.  This coverage is based on the other driver being at fault.  Many lawsuits are filed over BI coverage.  Making a claim for the other person’s BI coverage can be very complex. Contact an accident attorney.

Uninsured/Underinsured Motorist (UM)

UM coverage is insurance that you purchase for physical injuries, including pain and suffering, which pays over and above PIP, MedPay, and the other person’s BI coverage. To make a claim for UM benefits, you must not be the person at-fault for the accident and you must have your UM carrier approve any settlements made with other persons.  Failure to get permission may result in prejudice to your UM case and denial of coverage.

This is why you need to speak to an experienced personal injury lawyer if you are injured in an accident.  If you have UM coverage, there are things that you must do to preserve your UM coverage.  If an attorney makes a UM claim for you, then you may be able to obtain damages in excess of your UM coverage if your insurance company has violated the insurance regulations.

Contact an Experienced Personal Injury Lawyer

As you can see, car accident claims can be complex.  Before you talk to an insurance adjuster or fill out claims paperwork, contact an experienced personal injury lawyer at the Harris Law Firm, P.A. today. Just a phone call away, we can get you on the right track in your serious accident injury claim.