Personal Injury Case Frequently Asked Questions
Click a category below to view answers to commonly asked personal injury questions by subject.
Who is at fault in a rollover accident? Liability in a rollover accident personal injury case can come from many places, including a negligent driver, a vehicle manufacturer who fails to live up to the most basic quality standards, or a tire manufacturer. At the Law Offices of Reese Harvey we team up with experts to investigate your rollover accident. No matter who we find at fault, we’ll aggressively fight for the money you deserve and need for the injuries you suffered or for the loss of a loved one.
What causes a car to rollover? SUVs, trucks, and minivans are more likely to be involved in a rollover accident than a car. Rollovers are often caused by poor stability, vehicle speed, aggressive driving, bad design, loss of control from cell phone use, poorly designed suspension systems, inadequate brakes, poor weather conditions, tire failures, or tire blowouts.
What are punitive damages? Punitive damages, also known as “exemplary damages”, are damages that are awarded as a way to punish large companies when their actions are so reckless that the other side could claim those actions were purposeful. Punitive damages can be awarded in drunk driving accidents and other types of personal injury cases when the actions of the at-fault party are inexcusable.
Payment for punitive damages can be much higher than your actual losses from the accident. In Florida a personal injury trial can consist of two phases. Phase one addresses the actual damages you suffered from the accident, including medical expenses, lost wages, loss of enjoyment of life, and pain and suffering. The second phase allows the jury to award punitive damages. By awarding punitive damages, the jury is sending a message that it will not tolerate the behavior that led to your injury.
Is a bar or restaurant responsible for a drunk driver causing an accident? Florida Statute 768.125 states that individuals or companies who sell or serve alcohol are not liable for injuries or damages caused by the drunk driver except in two exceptions:
1) If the drunk driver was under the age of 21, the individual who served the alcohol can be held liable for damages. The statute doesn’t contain any knowledge requirement, presumably because the serving party has a duty to ensure that everyone they sell or provide alcohol to is of legal age to consume it.
2) Parties who serve a person who they know is “habitually addicted to the use of any or all alcoholic beverages” may be liable for injury and damages caused as a result of the intoxication. In these cases, the courts have held that there is an obvious foreseeable risk of injury when you provide alcohol to persons who lack the ability to make responsible decisions in the consumption of alcohol. Coker v. Wal-Mart Stores, 642 So. 2d 744 [Fla. 1994].
When a drunk driver causes an accident, Florida Law allows you to file a personal injury lawsuit against the driver for the damages your or a loved one suffered. The types of damages you can sue for are:
Call the Law Offices of Reese Harvey to learn about your legal rights and get the justice you deserve (561) 691-4511.
Do I have a personal injury case if I was injured at work by someone who is not my employer? If another party other than your employer is responsible for causing your work-related injury (i.e. the driver of a car accident while you were on the job, a manufacturer of a defective product, or the designer of the building your were working in) you may have a personal injury claim in addition to your worker’s compensation claim. Call the Offices of Reese Harvey today to discuss your case in detail and review your legal options 561-691-4511.
How do I know if my work injury is bad enough to qualify for a claim? There are all kinds of injuries that can happen at work from a back sprain, carpal tunnel syndrome, a fall to a severe injury such as a brain or spinal injury. Regardless of the severity of your injuries, you are entitled to proper medical treatment and compensation for lost wages. Worker’s Compensation laws require your employer to follow very specific guidelines for handling your claim; however, determining liability for your accident should not be left to your employer or an insurance company.
Call The Law Offices of Reese Harvey today 561-691-4511. You need a strong legal advocate on your side that will aggressively represent your best interests.
I was injured at work, will I be paid for my medical bills and pain and suffering? You cannot sue your employer for pain and suffering. Worker’s Compensation benefits are meant to cover medical costs, a percentage of your lost wages, temporary disability benefits, rehabilitation, and retraining. If your injuries are too serious and you can’t return to your old position or ever work again, worker’s compensation provides permanent disability benefits. If a worker is killed on the job, family members are able to receive death benefits.
It’s important to know that not all work injuries are accepted by an employer’s Worker’s Compensation insurance as having been caused by job-related duties. Your employer’s insurance company will investigate your injury and try to determine who is at fault. You need an experienced attorney, like Attorney Reese Harvey, representing you to fight your employer’s insurance company, protect your legal rights, and make sure you receive all of the worker’s compensation benefits you and your family are entitled to receive.
The best way to protect yourself and your family is to carry uninsured motorists insurance coverage, or “UM coverage”. In Florida, motorists are not required to carry bodily injury insurance which protects someone you have injured. Having UM coverage will help fill in coverage gaps if the person who hit you is an uninsured driver or doesn’t have any assets.
Dealing with injuries from an accident with an uninsured driver can be devastating both financially and emotionally, especially if you don’t have UM protection. For more information about the different types of auto insurance coverage in Florida, call the Law Office of Reese Harvey (561) 691-4511.
If you’ve rented a car you may have been pressured to buy the extra insurance the rental company offers. What is this insurance and what does it cover?
This extra insurance policy is called a “collision damage waiver”, or CDW. It usually covers the customer and other authorized drivers in the event of a collision. CDW covers the cost of damage to the vehicle up to a specified amount of money (i.e. $35,000) – it is NOT liability or medical insurance and will not cover any injuries or damage to property. To find out if you’re protected in a rental car under your regular car insurance, call the Law Offices of Reese Harvey 561-691-4511.
If you’re hit by an uninsured motorist while you are in a rental car, the best way for you to collect damages is from your own uninsured motorist insurance policy. It’s possible that you may also have collision protection through your credit card company; however, credit card protection provides secondary coverage to your personal auto policy or the coverage sold to you by the rental car company.
It’s important that you hire an attorney quickly and one who knows how to protect your rights and ensure that policy benefits do not expire. Some credit card companies have a designated period of time (i.e. 45 days) in which the accident has to be reported in order to receive benefits. The Law Offices of Reese Harvey has over 15 years of legal experience protecting clients like you.
The rental car company has no legal obligation to pay for damages caused by authorized drivers. Under 49 USC 30106 it is stated that the liability rests with the person who is driving the car.
We handle a variety of construction site accident cases including slip and fall accidents, trip and fall accidents, falling object accidents, roofing accidents, trench collapse or falling structure accidents, scaffolding and ladder accidents, forklift and heavy machinery accidents, nail gun accidents, electrocution accidents, fire and explosion accidents, power line injuries, gas line explosions, welding accidents, crane and derrick accidents, car and truck accidents, and wrongful death worker accidents.
The type of claim you have depends on the specific facts and circumstances surrounding your case. If your construction site injury resulted from an accident or hazardous working condition that you, a coworker, or your employer caused then you may have a worker’s compensation claim. If your injury was caused by the negligence of a property owner, construction company, contractor, equipment manufacturer, inspector, and/or architect then you may also have a personal injury claim.
Do I have a spinal cord personal injury case? Many spine injuries are caused by accidents that could be prevented, such as a car accident, a fall at work, or a strike by a heavy object. Spinal cord injury victims may face permanent or partial disability, which can hinder their ability to work while increasing their medical and living expenses.
If your spinal cord injury was caused by another’s negligence or recklessness, you may be entitled to receive money for your medical expenses, lost wages, loss of enjoyment of life, and pain and suffering. Every case is unique. Consult with us today for a free case evaluation and to learn your legal options 561-691-4511.
The most common causes of injury to the spine are:
– Work related accidents
– Motor vehicle accidents
– Sports, recreational, and shallow water diving accidents
– Falls
– Other
– Acts of violence
– Birth defect
– Unknown
Spinal cord injuries can also result from various diseases present at birth or later in life, tumors and electrical shock, and accidents resulting in the loss of oxygen in surgical or underwater accidents.
Many spinal cord injuries involve damage to the nerves within the bony protections of the spinal canal. Spinal cord injuries can occur when the spinal cord is crushed, stretched, severed, twisted abnormally, or bruised. These injuries impact both sensation and movement and interfere with the body’s ability to send and receive messages from the brain.
What is the short and long-term recovery after a brain injury? A person with a brain injury may suffer from cognitive problems, memory problems, and behavioral problems. These injuries may be temporary, but in more severe cases, they can be permanent. Some permanent injuries can be improved with rehabilitative therapy and medication.
If you or someone you know has a brain injury it’s important to remember that, for the most part, although your brain is processing information more slowly, your intelligence hasn’t changed. As a brain injury victim you may be very frustrated – you know what you want to say and what you want to do but your brain prevents it from happening. This may also create a great deal of frustration and anger for your family members. The Law Offices of Reese Harvey helps clients by taking over the stress of your personal injury case so you can focus on recovery.
Both occur when oxygen is cut off from the brain; however, anoxic brain injuries are when there is a complete lack of oxygen versus hypoxic when there is a lack of adequate oxygen.
If you hit your head in a car accident seek immediate medical attention.
Some common traumatic brain injury symptoms include: recurrent headaches, neck pain that doesn’t go away, dizziness, poor balance, nausea, feeling tired, ringing in ears, sensitivity to touch, depression, anxiety, increased irritability, changes in sleep patterns, loss of smell or taste, blurred vision, easily confused, disorientation, confusion, short-term memory loss, and seizures.
Some common causes of accidents in theme parks and amusement parks are stopping a ride abruptly, improper assembly of a ride, improper maintenance of a ride, broken structural components, missing safety pins, malfunctioning lap bars, malfunctioning safety restraints, exposed electrical wire, design defects, rusted belts, loose cables, and corrosion of parts.
Depending on the facts of your case, an amusement park may be held liable for the conduct of other park visitors if they failed in their responsibility to exercise adequate security, served an intoxicated visitor alcohol, or failed to provide adequate ride warnings which contributed to the injury-causing conduct.
Yes. The legal theory “Vicarious Liability” says employers are liable or legally responsible to third parties for the acts of employees who are within the scope of their employment.
Good judgement and common sense are key to preventing injuries. Always follow posted height, weight and age restrictions; seat small kids on the inside of the ride away from open sides; and make sure the ride has adequate restraints for your child’s age and size.
Your legal rights are the same; however, recovery for some types of injuries may be altered by specific laws that govern these theme parks. We know from experience that building codes at theme parks can be different and more lenient than the building codes we generally follow. These lenient building codes allow the theme park more flexibility in their duty to build safe structures.
It depends on the specific circumstances of your case. The manufacturer and supplier of the defective component may be liable. In some cases, a dealer, distributor, or seller may also be liable for selling a vehicle that contained a defect or wasn’t properly inspected and/or repaired.
See a doctor right away. Once you’ve received medical care there are a few things you should do:
1) Make sure the vehicle is NOT repaired or altered following your accident. This may jeopardize the investigation of a defect and might prevent you from sueing. Your vehicle is your evidence of the defect.
2) Do not give any statements or sign any documents without first speaking to a lawyer.
3) Prepare detailed notes about how the accident occurred, time of day and weather conditions at the time of your accident, names and contact information of all witnesses, names of the doctors and hospitals where you have been treated for your injuries, and, if possible, pictures of your injuries, vehicle, and scene of the accident.
If your injuries seem out of proportion to the severity of the accident a vehicle defect may have caused or contributed to your injuries. For example, significant head injuries or neck trauma in a low-speed accident may indicate a defect with your airbag system or seat belts.
Cases involving vehicle defects are very complex. Call us today to make sure you have an experienced attorney handling your case.
The most common design and manufacturing vehicle defects include rollovers, tire tread separation, faulty seat belts, faulty door latches, airbags that don’t deploy or don’t deploy on time, poor structural integrity, faulty fuel tanks, and defective brakes.
In a product liability case you may be able make a claim for one or any combination of the following legal theories based on your case:
1) Negligence – when a manufacturer or seller is aware of a defect or should have known about the defect based on information known or available to it;
2) Strict Liability – when a seller is held responsible for a defective product they sold you that unreasonably threatened your personal safety or the safety of your property;
3) Breach of Warranty – when you are injured by a product while you’re using it for its intended purpose.
There are three main types of flaws that can make a product defective in the eyes of the law:
1) Manufacturing defects occur when the product was designed correctly, but the defect happened in the manufacturing process;
2) Design defects occur when a product is essentially flawed because of its design;
3) Failure to warn occurs when a product, although otherwise safe, causes injury because the manufacturer failed to warn the user of its hazards.
Yes. Florida Statutes 768.28 says that the state, its agencies, and political subdivisions may pay up to $200,000 per person or $300,000 per accident. This means that if your medical bills are over $200,000 the government does not have to pay more than $200,000. If you have uninsured or underinsured motorists insurance coverage on your vehicle policy then we can make an additional claim for these benefits.
At The Law Offices of Reese Harvey we investigate EVERY possible avenue of recovery making sure that you get all the money available for your injuries, pain and suffering, loss of enjoyment of life, and lost wages.
No. Don’t be surprised if you are approached while you are still recovering from your injuries to quickly settle your case. Even though the amount the insurance company is offering you may sound reasonable, don’t be fooled. Initial offers by insurance companies are typically very low and used to convince victims to sign documents that ultimately sign away their rights to hold anyone responsible for any pain, suffering, loss of income, loss of function, and rehabilitative care. The insurance company is hoping that you don’t understand the law, your legal rights, and aren’t going to hire an experienced, well-respected law firm like The Law Offices of Reese Harvey.
Call us at (561) 691-4511 to protect your rights and make sure that you get ALL the money you deserve.
See a doctor right away. In Florida, buses owned by the government are not required to carry Personal Injury Protection (PIP) insurance. Unless you own a car with PIP or qualify as a resident relative of a person who has PIP, then you will not be entitled to PIP benefits.
However, depending on who was at fault for the accident, you could have a claim against the government entity that owns the bus, the at-fault driver of the other vehicle, or both. At The Law Offices of Reese Harvey we will gather the evidence (i.e. police report, videos and pictures) necessary to protect your case and fight to get the most money for your injuries.
First see a doctor immediately to be checked for injuries. If possible, get the name and contact information of any witnesses; call the police and file a report; take pictures of your injuries, your bike and the scene of the accident; and write down everything you remember about the accident including the time of day and weather conditions.
At The Law Offices of Reese Harvey we work with a team of experienced investigators that may be able to find the car that caused your injuries. If we are able to find the person responsible for your injuries we can sue their insurance for damages. If the driver of the other car is never found, or is found but is uninsured or underinsured, your own uninsured motorists protection policy may cover you in this type of accident.
Yes. Even if a car doesn’t actually hit you, a motorist can be held liable if their negligence required you to take action that resulted in injury.
Yes. Florida has specific requirements for the use of lights and reflectors from sunset to sunrise.
Yes. Florida law states that anyone 17 years of age or older does not have to wear a helmet while riding a bicycle.
If not wearing a helmet did not cause or make your injuries worse, your recovery might not be reduced by the fact that you didn’t have head protection. For example, if only your legs are injured, your failure to wear a helmet might not change the amount of money your recover. We use the word “might” even if not wearing a helmet doesn’t affect your injuries because sometimes an insurance adjustor or jury might have a prejudice against a bicyclist who chooses not to wear head protection.
That’s why it is important for you to hire a lawyer with extensive experience in and out of the courtroom. Attorney Reese Harvey has tried over 100 cases in court and knows how to force adjusters to value your case based on the evidence and select a jury that will award you the highest amount of money for your case.
Yes. If the driver of the car who hit you has an automobile insurance policy with bodily injury coverage, you can make a claim against their insurance company.
If you haven’t already done so, immediately see a doctor to be checked for injuries. If possible, get the name and contact information of any witnesses; call the police and file a report; take pictures of your injuries and the scene of the accident; and write down everything you remember about the accident including the time of day and weather conditions.
At The Law Offices of Reese Harvey we work with a team of experienced investigators that may be able to find the car that caused your injuries. If we are able to find the person responsible for your injuries we can sue their insurance for damages. If the driver of the other car is never found, or is found but is uninsured or underinsured, your own uninsured motorists protection policy may cover you in this type of accident.
If you are hit by a car as a pedestrian, the personal injury protection (PIP) coverage that is in your auto insurance policy will pay for the first $10,000 in medical bills regardless of fault. You might be covered by the PIP of a member of your household if you don’t have auto insurance. However, new Florida PIP laws are in effect and you must seek approved medical care within 14 days from your accident to be eligible for PIP.
In an accident like this where you are partially responsible for causing the accident, “apportioned liability” will apply. The insurance adjuster or jury will decided, based on the evidence, what percentage of the accident they believe is your fault and then award you money for the percentage of the accident that wasn’t your fault.
This is why it is very important to hire an attorney that has extensive legal experience AND a history of courtroom wins. Attorney Reese Harvey has been practicing law for over 15 years. He successfully minimizes his client’s percentage of “apportioned liability” by gathering and presenting all the necessary evidence to insurance adjusters and jurors. Additionally, Reese has conducted over 100 trials. He is comfortable and confident in the courtroom, and he knows how to strategically “read” and select a jury that will be receptive to the evidence in your case.
Yes. There are many reasons why you should have a legal advocate protecting you from the beginning. First, the liable party’s insurance adjuster may have already called you looking for a recorded statement, which they are hoping will reduce or relieve their liability. Secondly, you would be surprised at how often evidence such as store reports, witness information, and surveillance video “disappear”.
When you hire The Law Offices of Reese Harvey we demand this information immediately to protect your legal rights and ensure all evidence is preserved. We are dedicated to obtaining the maximum amount of money possible for your case.
Hire a lawyer before speaking with an insurance adjuster. The primary goal of an insurance adjuster is to minimize your injuries and to convince you to resolve your claim quickly for less money than it’s worth. It is unfair for a you to discuss the permanency of your injuries immediately following a fall because it can take weeks or even months before your injuries are completely known.
No, however recent changes in Florida law make “slip and fall” and “trip and fall” cases more difficult to prosecute since a more significant burden is placed on the victim. Additionally, slip or trip and fall lawsuits almost always center around a dispute over who is at fault. This is why it’s important to hire an attorney who has experience representing slip/trip and fall clients.
The Law Offices of Reese Harvey has successfully won slip/trip and fall cases for our clients. Attorney Reese Harvey knows where to look for all insurance coverage, overcome the disputes that may occur between multiple defendants, and get you the money you need to help recover from your injuries.
If you get hurt in a slip and fall accident, your first priority should be to see your doctor.
There are also several things you can do to protect your rights and help make sure you can recover all the money you are entitled to under the law. Make written notes about the accident; get names, addresses and phone numbers of all witnesses; save any evidence such as clothes and shoes you were wearing at the time of the fall.
Report the accident to employees of the business, but don’t sign anything or give a statement before talking to an attorney. You are not legally obligated to give a statement to a store employee or anyone connected to the business. If the store made a written report, ask for a copy. If you’re hurt in a slip and fall accident what often happens is that store employees try to get you to say something that hurts your case, like admitting that you weren’t pay attention.
If you are injured on a cruise ship it is important to act quickly. Most cruise lines include terms in the passenger’s ticket that limit the amount of time to bring a claim – usually requiring the claim to be brought within six months from the date of injury. This is significantly shorter than the normal statute of limitations for injuries. It is also important to act quickly to ensure that the evidence is not “lost”.
Cruise ships are the source of many injuries. Cruise ships are like floating towns and present a host of hazards to passengers.
Slick passageways can lead to slip and fall injuries. Inadequate lighting, loose handrails, and improperly maintained floors can also contribute to serious falls. Many other unexpected things can go wrong on a cruise, including improperly prepared food, poor medical treatment, and even assaults by other passengers or ship staff. Onshore excursions and tours are additional places where you may get injured.
The major causes of boating accidents are operator inattention, careless/reckless boat operation, excessive speed, inappropriate passenger/skier behavior, inexperienced operator, alcohol and drugs, improper lookout, defective boating equipment, vessel design defect, and failure to follow Florida’s boating safetly laws.
You will most likely be able to sue the truck driver, the trucking company, and perhaps the manufacturer of the truck. Whether you can sue the trucking company depends on if the driver was an employee of the trucking company and if they were within the course and scope of employment at the time of the accident.
Under a legal theory known as “Respondeat Superior” a trucking company can be sued for the negligence of its employees. If a truck driver is an independent contractor of the trucking company, and not an employee, it might not be possible to establish liability using Respondeat Superior; however, the trucking company may be liable for negligent hiring or supervision of the truck driver. If there is evidence that the accident was caused by a defect in the truck we might be able to sue the truck manufacturer.
At The Law Offices of Reese Harvey we investigate all potential avenues for collection of damages to get you the best result possible for your injuries. Call for your free, no obligation consultation (561) 691-4511.
You can recover money for your injuries based on your medical expenses, hospital bills, lost wages, pain and suffering, loss of enjoyment of life, future medical expenses and any loss of future earning capacity as a result of the accident.
No. Don’t be surprised if you are approached while you are still recovering from your injuries to quickly settle your case.
Even though the amount the insurance company is offering you may sound sufficient, don’t be fooled. Initial offers by insurance companies are typically very low. They are hoping that you don’t understand the law, your legal rights, and aren’t going to hire an experienced, well-respected law firm like The Law Offices of Reese Harvey.
Call us at (561) 691-4511 to protect your rights and make sure that you get ALL the money you deserve.
The Florida Bar has strict rules of professional and ethical conduct for florida lawyers. If you are contacted directed or indirectly by an attorney or employee of an attorney in person, by telephone, by fax, by email, or by mail about a specific incident within the first 30 days of your accident without you contacting them first, you should immediately be concerned.
The Law Offices of Reese Harvey prides itself on being an ethical, honest law firm that will give you and your case the attention you deserve. Call today for your free, no obligation consultation (561) 691-4511.
No. Any experienced personal injury attorney can help you get your medical bills paid and/or reduced.
The truck’s insurance company may have a lot of money at stake. Don’t be surprised if an accident investigator arrives at the scene of the accident, maybe even before police or other emergency personnel.
Do not answer any questions or sign any papers from anyone, unless it’s the police for the police report or a citation. If possible, get the name, phone number and the company the accident investigator is representing.
The Law Offices of Reese Harvey has experience fighting and winning large verdicts and settlements from aggressive insurance companies. Call us now at (561) 691-4511 so we can quickly protect your rights and aggressively fight back.
1) Truck accident injuries are often deadly.
2) Because trucks are generally insured through a corporation, insurance coverage tends to be higher than a typical car accident. This means there may be more money in the insurance policy allowing you to recover a significantly higher amount than you may in a typical car accident.
3) Truck accidents are very complex.
The Law Offices of Reese Harvey has experience compiling large amounts of evidence, finding all the defendants, and uncovering all the insurance policies in order to maximize the amount of money you need and deserve to recover from your injuries or death of a loved one.
Even if you don’t think you have been injured from your accident, seeking medical attention within 14 days of your accident is important for a couple reasons:
1) Help prevent permanent, life-long injuries. Even a seemingly minor car accident can result in serious injury. It’s common for symptoms of an injury not to start showing until weeks or months after your accident.
2) Protect your rights! Through your insurance you are eligible for PIP coverage, which is up to $10,000 in medical care. HOWEVER, a new Florida PIP law was passed in 2012, and if you are not seen by a physician, osteopath, dentist, physician’s assistant or registered nurse practitioner within 14 days from the day of your accident you will not be eligible to receive PIP benefits. (Chiropractor visits are limited to $2,500 and can only be sought after a referral from an acceptable health care provider.)
If you do not have health insurance or are worried about the medical bills that you will incur as a result of your car accident, call The Law Offices of Reese Harvey so we can help you get the cost of your medical bills covered.
Get the names and contact information of all witnesses. You would be surprised how often witnesses are not listed on police reports and “disappear”. Also, don’t sign any documents (even if it’s from your insurance company) unless it’s a police report or citation.
Yes. If you don’t have a camera use your cell phone or tablet to take pictures of the scene of the accident, the vehicles involved, and all vehicle damage.
Pictures will document car damage in relation to where and how the accident occurred and the weather conditions – this will all be used as supporting evidence for your claim. Also, we can use the pictures to help you document the damage to your vehicle for your own insurance company.
If you are unable to take photographs, contact The Law Offices of Reese Harvey immediately at (561) 691-4511. We work with investigators and other expert personnel who can rush to the scene of any accident to preserve and document valuable evidence before it is lost.
No. Do not settle with the insurance company without first contacting an experienced attorney. Some uninsured motorist protection policies do not require the insurance company to pay if the insured person has settled with the other driver’s insurance company. This can be a very costly mistake!
Before you settle any portion of your claim, contact The Law Offices of Reese Harvey so you can be confident that you’ll get the best result for your case.
Definitely not!
You should speak to an attorney before giving a statement to any insurance company, especially a recorded statement. The insurance company’s priority (yes, even your insurance company) is to protect their financial interest, not to help you.
The Law Offices of Reese Harvey will be present for all communication with any insurance company to protect your rights and ensure that you will recover as much money as possible for your injuries.
If the other driver is responsible for the accident we will demand that their insurance company provides you with a rental car while your car is being repaired. Sometimes you might need to pay the rental car bill upfront, but you will be reimbursed by the insurance company later.
If paying your rental car bill up front is a concern, call The Law Offices of Reese Harvey today to discuss your legal options (561) 691-4511.
If the accident was not your fault then you have the option of making a claim through your collision insurance coverage or going after the at-fault driver’s insurance. Normally your collision insurance coverage will have a deductible. If there’s a dispute about who is at fault for the accident, it may be quicker to have your car repaired through your insurance company and then seek reimbursement of your deductible from the at-fault driver later.
If you’ve been injured in a accident this is probably another stressful thing that you don’t have time to deal with. At the Law Offices of Reese Harvey we are here to help you get your vehicle fixed so you can get back to your normal life.
Florida law provides for “apportioned liability” in car accidents. This means that it is possible for both the other driver and you to share responsibility for causing a car accident and you can win money for the percentage that is not your fault.
The Law Offices of Reese Harvey has a track record of successfully demonstrating to insurance companies and juries that your liability is minimal while maximizing the responsibility of the other driver. Call us today for more information (561) 691-4511.
What if the person who caused the accident doesn’t have insurance?
Many South Florida drivers are significantly underinsured or don’t have any insurance at all.
You may be worried how this affects you and your ability to recover money for your injuries. The good news is that your insurance policy may include “uninsured motorists protection”. Uninsured motorists protection is available to you whether the person at fault for the car accident is uninsured OR underinsured. There are times when your insurance company can be forced to provide you with this type of protection whether you’ve paid for it or not.
The Law Offices of Reese Harvey has experience uncovering ALL insurance money that can be collected as a result of your accident.
There are many factors that are used to determine how much your case is worth: extent of physical injury, total medical bills, lost wages, pain and suffering, and loss of enjoyment of life.
You have likely been dealing with the direct affects of your injuries such as pain, loss of sleep, anxiety, and more. Unfortunately, you may suffer additional trauma in the form of lost wages and medical bills compounding your injuries and further affecting your personal life.
The Law Offices of Reese Harvey will aggressively fight the insurance companies to maximize your award based on your injury, lost wages, pain and suffering, and loss of enjoyment of life while, at the same time, minimizing the affect your medical bills.
You don’t need money to hire us. The Law Offices of Reese Harvey works on a contingency fee basis.
A contingency fee means that if we don’t win any money for your case there is no fee. Any costs The Law Offices of Reese Harvey pays associated with investigating and prosecuting your case are only reimbursed if and when you win your case. Have comfort in knowing that our law firm has the financial resources to represent the clients with most serious injuries and the most complicated cases.
People frequently do not know whether their insurance covers a particular type of loss, including a dog bite. Some people deny they have insurance when in fact they do. Therefore, don’t rely on the dog owner’s statement that they don’t have insurance. Call The Law Offices of Reese Harvey at (561) 691-4511 today to investigate the true insurance status of the dog owner and uncover if there are additional people who might be liable for your damages.
See a doctor right away. It’s also important to be able to identify the animal and, more importantly, its owner. You should make an official report with the police and your county animal control.
Generally, homeowner’s insurance will cover injuries caused from dog bites. Often, the insurance companies will write language in the homeowner’s policy which excludes liability for dog bites. At The Law Offices of Reese Harvey, we handle dog bite cases on a regular basis and will pursue all potential sources for recovery.
In Florida, the owner of a dog is strictly liable, which means they are responsible for any and all damages caused by their dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
Unfortunately, some people have a bias towards motorcyclists compared to car drivers. This bias can include anyone that was involved in your motorcycle accident, including the other parties of the accident, firefighters, police, ambulance medics, insurance adjusters, and jurors (if your case goes to trial).
At The Law Offices of Reese Harvey we are experienced in dealing with serious motorcycle accident cases. You can trust that we will fight these biases and get you ALL the money you deserve. Call today for your free, no obligation consultation (561) 691-4511.
Yes. If the other driver is at fault for the accident, then you may be compensated through the other driver’s insurance.
In Florida it is legal for anyone over the age of 21 to ride a motorcycle or moped without a helmet if they are insured for $10,000 in medical benefits for any injuries as a result of a motorcycle accident.
If you weren’t wearing your helmet, and someone else caused the accident, you can sue for your injuries; however, not wearing a helmet might reduce the amount of damages you receive depending on your injuries. If not wearing a helmet did not cause or make your injuries worse, your recovery might not be reduced. For example, if only your legs are injured, your failure to wear a helmet might not change the amount of money your recover. We use the word “might” even if not wearing a helmet doesn’t affect your injuries because sometimes an insurance adjuster or jury might have a prejudice against a motorcyclist who chooses not to wear head protection despite the injury.
That’s why it is important for you to hire a lawyer with extensive motorcycle accident experience. Attorney Reese Harvey has tried over 100 cases in court and knows how to force adjusters to value your case based on the evidence and select a jury that will award you the highest amount of money for your case.
It’s important that you do not admit fault to anyone or sign any documents, unless it’s the police report or a citation. If possible, take pictures with a camera or your cell phone of the scene of the accident, your motorcycle, other vehicles involved, and any injuries. Get the names and contact information for all witnesses. Keep copies of all your medical records and bills and keep a journal of any related expenses.
An Estate has to be opened. Based on the relationship with your loved one Florida laws determine the amount of money different family members may receive from the damages won in the lawsuit.
Under Florida law, spouses, parents or dependent children and any other blood relatives and adoptive brothers and sisters when they are partially or wholly dependent on the decendent for support or services, can recover damages for:
– Medical expenses and funeral expenses
– Loss of benefits and net accumulations of the estate
– Projected earnings based on life expectancy of the deceased
– Mental pain and suffering of survivors
– Household contributions (chores, parenting duties)
– The surviving child’s loss of companionship, instruction and guidance
– The surviving spouse’s loss of companionship, consortium, and comfort
– Punitive damages in certain circumstances of intentional or reckless acts
At The Law Offices of Reese Harvey, we work closely with you and your family members to understand the role that your loved one played in your daily lives and how their death has adversely changed your lives. We incorporate this knowledge into litigation through day-in-the-life videos, testimonials, and other methods to bring the point home to insurance adjusters or a jury to maximize your recovery so you can begin to piece your life back together.
Not every accidental death correlates to a wrongful death claim, but any questions about the facts surrounding the incident should be presented to an experienced attorney for a complete investigation. Once the initial devastation of your loss subsides, you and your family may have questions such as these:
– Did a manufacturer produce a car that was accident prone?
– Did a reckless driver cause the truck accident?
– Did the people in charge of safety do their job at the construction site?
At The Law Offices of Reese Harvey we answer all your questions, conduct the appropriate investigation and provide assistance with compassion and sympathy during this troubling time. We are a boutique law firm that will give you and your family the personal attention you deserve.
Wrongful death is when a person dies due to the negligence or misconduct of another individual, company, or entity.