Bad accident-do I need my own lawyer?

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Old 07-24-2014, 11:16 AM
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Default Bad accident-do I need my own lawyer?

I know Florida is a no-fault state but do I still need a lawyer so I get what I am entitled to. The accident was not my fault, they ran the red light at 466 and Rolling Acres. My car was totaled. I have various injuries including broken ribs.
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Old 07-24-2014, 11:21 AM
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I would.
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Old 07-24-2014, 11:27 AM
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Originally Posted by judylou View Post
I know Florida is a no-fault state but do I still need a lawyer so I get what I am entitled to. The accident was not my fault, they ran the red light at 466 and Rolling Acres. My car was totaled. I have various injuries including broken ribs.
I certainly would get legal advice if in this situation.

Maybe someone has experience dealing with one or more of these Villages' area personal injury/automobile accident lawyers. http://www.lawyers.com/automobile-ac...ida/law-firms/
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Old 07-24-2014, 11:35 AM
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Get a big city personal injury attorney. Get your accident medical and police records in order. Pictures of the car and visible signs of your injuries should be taken. No more pickleball, tennis or golf for a while. Do not dilly dally.
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Old 07-24-2014, 11:53 AM
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The television is full of these ads. Attorney Dan Newlin, The MDJD, Morgan and Morgan, 411-PAIN, etc.

All of these will help you and will collect 50 percent of your settlement.
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Old 07-24-2014, 11:57 AM
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Quote:
Originally Posted by judylou View Post
I know Florida is a no-fault state but do I still need a lawyer so I get what I am entitled to. The accident was not my fault, they ran the red light at 466 and Rolling Acres. My car was totaled. I have various injuries including broken ribs.
Yes, you need to talk to a lawyer ASAP, and find out exactly how to proceed. I hope a Police Report was filed. Best of luck.
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Old 07-24-2014, 12:00 PM
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You can get a lawyer at any time. Don't rush out and do it now. Get appropriate medical treatment and deal with the drivers insurance company. Use your no fault PIP coverage to pay for your bills. If the 10K isn't enough your health insurance will kick in. The other insurance company won't advance or pay for any medical bills you incur until they settle. That won't change if you get an attorney. Keep copies of all expenses. You can settle the car without jeopardizing your bodily injury settlement.

Don't consider concluding the bodily injury until you are fully healed. They will make an offer based upon incurred expenses plus payment for pain and suffering and any permanent medical conditions if one exists. If you feel the offer isn't fair, you can get an attorney.

Attorneys take fees on a contingency basis. Typically 30-40% of the total settlement. However, they can't ethically take a fee on any sums you were offered by the insurance company without their representation. So their fee would only apply to a portion of the settlement above what you have been offered as a settlement. So get their offer, which isn't likely to be their top offer, negotiate, and if it's not what you want, then call an attorney. The attorney will negotiate with adjusters at the insurance company, just as you would have done. The attorney, or legal assistant or whoever, will negotiate with the adjuster, just as you would have only for a lot more money. Less than 1% of bodily injury claims ever go to trial. The statute of limitations of filing suit in an auto accident is 4 years, so you have plenty of time.

It's your call, but really not difficult to maximize your recovery on your own. You can always call an attorney but why not give it a shot?
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Old 07-24-2014, 12:39 PM
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lawyer....the sooner the better...he will recover his expenses in the settlement process
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Old 07-24-2014, 01:14 PM
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Quote:
Originally Posted by judylou View Post
I know Florida is a no-fault state but do I still need a lawyer so I get what I am entitled to. The accident was not my fault, they ran the red light at 466 and Rolling Acres. My car was totaled. I have various injuries including broken ribs.
Based on my own experience, I always advise everyone to NEVER trust the police or attorneys, especially prosecuting attorneys. persons should also be reminded that 90% of politicians were former lawyers. Need I say more?
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Old 07-24-2014, 03:07 PM
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I hope you feel better soon!
Glad you're okay.
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Old 07-24-2014, 03:15 PM
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Quote:
Originally Posted by bimmertl View Post
You can get a lawyer at any time. Don't rush out and do it now. Get appropriate medical treatment and deal with the drivers insurance company. Use your no fault PIP coverage to pay for your bills. If the 10K isn't enough your health insurance will kick in. The other insurance company won't advance or pay for any medical bills you incur until they settle. That won't change if you get an attorney. Keep copies of all expenses. You can settle the car without jeopardizing your bodily injury settlement.

Don't consider concluding the bodily injury until you are fully healed. They will make an offer based upon incurred expenses plus payment for pain and suffering and any permanent medical conditions if one exists. If you feel the offer isn't fair, you can get an attorney.

Attorneys take fees on a contingency basis. Typically 30-40% of the total settlement. However, they can't ethically take a fee on any sums you were offered by the insurance company without their representation. So their fee would only apply to a portion of the settlement above what you have been offered as a settlement. So get their offer, which isn't likely to be their top offer, negotiate, and if it's not what you want, then call an attorney. The attorney will negotiate with adjusters at the insurance company, just as you would have done. The attorney, or legal assistant or whoever, will negotiate with the adjuster, just as you would have only for a lot more money. Less than 1% of bodily injury claims ever go to trial. The statute of limitations of filing suit in an auto accident is 4 years, so you have plenty of time.

It's your call, but really not difficult to maximize your recovery on your own. You can always call an attorney but why not give it a shot?
Well stated , and wise advice.
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Old 07-24-2014, 04:46 PM
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Having spent a great deal of my life in NYS which is a no-fault auto insurance state I am rather confused by all the ads for the ambulance chasers here in FL. Under New York no-fault you cannot sue unless it is under very specific circumstances, so you do not see the constant auto accident lawyer ads. I have also lived in both PA & MD which are "sue me" states, and of course there are constant lawyer ads. Not quite sure how Florida seems to have it both ways.
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Old 07-24-2014, 05:21 PM
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Quote:
Originally Posted by judylou View Post
I know Florida is a no-fault state but do I still need a lawyer so I get what I am entitled to. The accident was not my fault, they ran the red light at 466 and Rolling Acres. My car was totaled. I have various injuries including broken ribs.
Make sure you seek medical help within 14 days of the injury for insurance purposes, and without a doubt get an attorney.
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Old 07-24-2014, 06:00 PM
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Quote:
Originally Posted by judylou View Post
I know Florida is a no-fault state but do I still need a lawyer so I get what I am entitled to. The accident was not my fault, they ran the red light at 466 and Rolling Acres. My car was totaled. I have various injuries including broken ribs.
Yes, get a lawyer.
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Old 07-25-2014, 07:39 AM
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Originally Posted by buckscounty View Post
Yes, get a lawyer.
I was in an auto accident years ago in New Jersey (a "no fault state"). Dump truck had a tire failure on a highway, piece of tire from the dump truck that looked like a basketball bounced off a pickup truck that was behind the dump truck, bounced across the highway, and came through my windshield. I was very lucky that it was my car that got the damage and I only had relatively minor scrapes and glass particles all over me (they used a dust buster in the ER to get the glass off of me). My insurance company advised me to not pay the medical bills beyond my deductible (they had a copy of the police report) they would cover the rest of the bills and would get compensation from the other driver's insurance company. Later on, I started getting calls from a collection agency about the balance of the unpaid medical bills. Contacted my insurance company, was told that the agent handling my claim left the company and they were just catching up. Got a second round of calls from collection agency-again contacted my insurance company and they claimed the new agent had also left so my claim hadn't been processed. I informed them that my lawyer would be in contact with them in regards to my pending lawsuit for breach of contract by THEM and for any damages resulting from any collection action. Bills got paid quickly thereafter. They later told me that the hold up was that the other driver did not have insurance. I asked them if they filed to take the dump truck from the guy and sell it to get their (my) money back since he didn't have insurance. They didn't do it because they said the guy needed it for the work he did (it was owned by him). Hello? The truck was not insured, did not have safe tires AND THEY WERE WILLING to let that keep happening? Never heard about any legal action against him other than a traffic citation.

The short of it was that I had to threaten bringing in an attorney to get my interests covered by my OWN insurance company for an accident which in no way could have been even partially blamed on me. I didn't actually get the lawyer involved, but don't assume that anyone will be concerned with your best interests. If they are, great, if not, you are prepared for the worst. As other's posted, get pictures of your injuries, copies of medical and police reports and be prepared to "go to war". Yes lawyers can be expensive, but if it is on a contingency basis, 70% of something is better than 100% of nothing.
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