Ocala Personal Injury Video FAQs
1) A big rig jackknifed and I was injured in Florida. Can I recover against the driver of the truck?
Video Link: https://youtu.be/m7HT1qy5x4E
Well, that depends on why the tractor trailer jackknifed. If it was the fault of the tractor trailer driver, yes, definitely. He might try to pawn it off on somebody else but that’s why a good lawyer will get an accident reconstruction that’s right on it and you can count if the tractor trailer company has probably already done it the day of the accident or the day after. You need help.
2) A year ago I was hurt in an accident, but I now need surgery and the insurance company has closed their file. Can I sue?
Video Link: https://youtu.be/j_UWDtpn0jc
You need an lawyer. It doesn’t matter that the insurance company has closed its file. If your injury and the need for surgery as a result of a car accident, you need to prove it, but you definitely are entitled to compensation.
3) After talking to the other party’s insurance company about a car accident, I want a lawyer. Is that a problem?
Video Link: https://youtu.be/343pZb6RwJM
It’s not a problem if you didn’t give a statement to the insurance adjuster for the other party which brings into question who’s at fault. You certainly can talk to a lawyer and hire a lawyer at that point.
4) Are dog bites covered by homeowners insurance in Florida?
Video Link: https://youtu.be/7uUs9Ze3RB4
They used to be and sometimes they still are, but insurance companies have gotten a lot more sophisticated in recent years and they exclude damaged done by any animal or damage done by certain breeds of dogs, so you have to look at your insurance policy to know for sure.
5) Are expert witnesses necessary to prove fault in a Florida truck accident case?
Video Link: https://youtu.be/SEbRz9e8njM
I would say yes. Even if the accident seems to be clearly the truck driver’s fault, the truck company is going to dispute it any way they can. Usually there are big damages involved and big insurance policies, so a good lawyer will get an accident reconstructionist on the case right away.
6) Are medical malpractice awards subject to a cap on damages?
Video Link: https://youtu.be/c0-FlI-T81U
There were caps on medical malpractice awards for years but this Florida supreme court has recently ruled that they are unconstitutional. The answer is no.
7) Are physician expert witnesses easy to find and are they usually willing to testify against another physician?
Video Link: https://youtu.be/ONJLflxFwd0
A lawyer in this area of practice knows where to find them. Generally speaking they’re not easy to find. Most doctors, at least in the local area, will not testify against other doctors.
8) Are punitive damages available in a Florida auto accident case?
Video Link: https://youtu.be/Tfy7Jaejbdo
Yes they are, but they’re very rarely allowed. It’s possible to get punitive damages, but one has to prove that there’s a basis for it before you can even claim it in a lawsuit. The standard is very high, so they’re pretty rare.
9) Are punitive damages ever available in Florida truck accident cases?
Video Link: https://youtu.be/vT4lOviosKE
Yes, it’s like any other accident case really. If the driver was drinking or on drugs or going way over the speed limit, punitive damages may well be allowable.
10) Are there additional legal rights and remedies available to a child whose parents were killed in a car accident?
Video Link: https://youtu.be/2-_ulTKbtBA
Well, in a wrongful death situation, a child has rights spelled out in the Wrongful Death Act, such as the loss of companionship, a loss of guidance, mental pain and suffering for the loss of the parent, so those are particular to a child, yes.
11) Are there limits on damages in Florida bicycle accident cases?
Video Link: https://youtu.be/dH_Aju1htlY
The answer is no. You can have unlimited damages for both economic, which are lost wages, medical bills, and for the non-economic, which is pain and suffering, loss of the capacity to enjoy life, etc.
12) Are there limits on damages in Florida boating accident cases?
Video Link: https://youtu.be/vCGSwmidH9A
No, there are not. Actually, the only area in which there were caps on damages was medical malpractice, but the Florida Supreme Court recently ruled that they’re unconstitutional, so damages are unlimited. Of course, you have to prove them in any kind of negligence case.
13) Are there parties other than the at-fault driver against whom I can take legal action in a Florida auto accident case?
Video Link: https://youtu.be/iVwj57MM3xg
Yes, the owner of the vehicle that is at fault is also liable because the vehicle is considered a dangerous injury mentality in Florida and also the driver may have been on a mission for somebody else, his employer for example and in that event, the employer would be liable as well.
14) Are there special rules regarding where my Florida wrongful death case can be filed?
Video Link: https://youtu.be/fn6Xctf3dAc
No, it’s like in other accidents. The site of the filing will be in the county in which the accident happened. Now a personal representative has to be appointed because he or she is the only person who is authorized by statute to file suit.
15) Are there time limits to sue for injuries in a Florida boating accident case?
Video Link: https://youtu.be/7tgIvEqkkzU
Since liability in a boating accident case comes under the category of common law negligence, the statute of limitations is four years. That means you have to settle a claim or file suit within four years, or you’ll be forever barred.
16) Are there time limits to sue for injuries in a Florida medical malpractice case?
Video Link: https://youtu.be/knE4NhaAy_s
This is an important question because, yes, it’s two years, two years from the negligence or two years from when there are symptoms which could have been caused by medical negligence, with an outside limit of four years, but be very careful there to do things as quickly as you can.
17) Are witnesses important in Florida boating accident cases?
Video Link: https://youtu.be/BgXPj9Avlgo
Witnesses are very important, because you don’t have skid marks. You don’t have dented metal usually. Usually it’s on the water and evidence fades away immediately, so witnesses are extremely important. Yes.
18) Are witnesses important in Florida wrongful death cases?
Video Link: https://youtu.be/DAbBsCgKoIE
Yes, witnesses are important in wrongful death cases, as in most accident cases, because they can testify to the worth of the decedent and to the worth of his future, had he been with us.
19) Lawyers for the trucking company were at the scene very fast and asking me lots of questions. What should I do?
Video Link: https://youtu.be/JWrKrekgtks
If you have a possible claim against a trucking company you shouldn’t be talking to them at all. You need a good lawyer with experience in trucking cases because he needs to get an accident re-constructionist and perhaps another expert or two out at the scene right away as well.
20) Can a minor file a Florida wrongful death claim?
Video Link: https://youtu.be/9kBcDXAbdFM
A minor can’t but the minor will have to have somebody appointed as that person’s guardian, and the guardian will file the case, assuming that the guardian has been appointed personal representative of the estate of the deceased.
21) Can a passenger recover damages in Florida for accident injuries caused by a driver of the same car?
Video Link: https://youtu.be/wVJ9kYf324o
Definitely. Your driver has a legal duty to act reasonably towards it’s passengers and toward other people on the road. If the driver is negligent, you have a perfect right to seek damages against him or her.
22) Can anyone other than the owner of the dog be held responsible in Florida for injuries caused by a dog?
Video Link: https://youtu.be/xVNPcwbk4Kg
In circumstances that are fairly unusual, yes. If one’s harboring, that is keeping a dangerous dog owned by somebody else, he or she can be held liable for harboring that dangerous dog.
23) Can I be found liable in Florida if my car was rear-ended in a crash?
Video Link: https://youtu.be/Oa8UVJlictA
Very rarely. There’s a presumption of negligence on the part of the rear-ending driver. The person who is rear-ended could only be found liable if for example he made an unexpected stop very quickly in an uncrowded or vacant area.
24) Can I bring a Florida wrongful death action based on the death of a child or an elderly person?
Video Link: https://youtu.be/tRn9rDpx97g
Definitely, yes. The Florida Wrongful Death Act requires that a personal representative be appointed by the court, and that personal representative will file suit on behalf of all the survivors of the deceased, whether a surviving spouse, or a minor, or in some cases, a parent.
25) Can I file a Florida wrongful death claim any time after the death of my loved one?
Video Link: https://youtu.be/-Krz90vScSc
Yeah, as long as it’s within two years. Statute of limitation for wrongful death in Florida is two years, which means you must settle the claim or file in court within two years or you’ll be forever barred.
26) Can I file a medical malpractice lawsuit against someone other than a doctor?
Video Link: https://youtu.be/fUJaFGqmBqs
Definitely. It depends on who’s negligent, but the law applies to nurses, physical therapists, hospital administrators, and other people who are in the medical field.
27) Can I make a claim against a driver of a car who did not hit me, but made me have an accident while walking or on a bike?
Video Link: https://youtu.be/XKXzH_VuQYU
Yes, you can. It might difficult proving that the actions of the driver actually caused you to have your accident, but you certainly can make such a claim. Of course, witnesses will be important to your claim to be able to prove it rather than have it be just your say so.
28) Can I recover punitive damages if the accident was really intentional?
Video Link: https://youtu.be/SYVDZTU36to
Yes, intentional wrongdoing is a basis for punitive damages. Also, drinking and driving, or texting and driving, or totally fatigued driving, knowing that you should not be driving at the time. Egregious actions like those are a basis for punitive damages.
29) Can I represent myself in a medical malpractice case?
Video Link: https://youtu.be/mYCDxwKnmCo
The answer is no. Medical malpractice is probably the most difficult area of the practice of law. There are technical requirements that must be adhered to before suit and after suit, so it takes an experienced lawyer to do a good job in a medical malpractice case.
30) Can I sue the driver of the car I was riding in if I was injured in a Florida car accident?
Video Link: https://youtu.be/WtMZjtJbd88
Yes, you certainly can, because the driver is responsible for his passengers as well as for any pedestrian or other vehicle. It depends on the circumstances, but it’s certainly possible. Some insurance policies will exclude coverage for a person in your family driving, but that doesn’t mean you can’t make a claim, but it just won’t be covered by insurance.
31) Can someone sue for the pain and suffering of a decedent in Florida?
Video Link: https://youtu.be/sevupLv_JGg
No. The way we have the law set up is that the damages in a wrongful death case are those of the survivors. The mental pain and suffering, for example, of a spouse or a minor child. The pain and suffering of the deceased is not a part of a wrongful death action.
32) Can the driver of a boat who acts in an irresponsible, unsafe manner be held liable for causing an accident?
Video Link: https://youtu.be/-fBIvnugBuI
Certainly. It’s comparable to driving a car or any other vehicle, if you drive it without due care to your passengers or other people and you cause an accident, you can be liable.
33) Do Florida juries tend to side with the truck driver or the driver of the passenger vehicle?
Video Link: https://youtu.be/makm-m-5dMc
It depends on the facts, of course, but I like trucking cases because usually you find that the trucking driver is doing something wrong and unfortunately the injuries are usually severe. There is a lot of insurance involved so there are significant cases.
34) Do I have a case in Florida if the property owner’s dog bit me at a home where I was doing work?
Video Link: https://youtu.be/TMwIB6rVdws
Yes. You definitely do. In Florida, we basically have strict liability for dog injuries. So to get out of liability the defendant would have to show that you purposefully provoked the dog to do damage, which is very difficult to show.
35) Do I have to give a recorded statement to the insurance company in a Florida auto accident case?
Video Link: https://youtu.be/lj1tIW0YBLs
No, definitely not. If you’re not making a claim, you’re just a witness, you may if you wish to but you certainly don’t have to. If you have a potential claim, I will recommend against giving a recorded statement to the insurance company, to the at fault party, because it’s only looking for information to help the insurance company.
36) Do I have to pay the other side’s costs or fees if I lose my wrongful death case?
Video Link: https://youtu.be/qH7bBXaLlLk
In general, no. The only circumstances in which you might have to is if the defense files a proposal for settlement and you do not get a result which exceeds that by 25 percent.
37) Do I need an lawyer for my Florida auto accident case if the insurance company seems to be cooperating?
Video Link: https://youtu.be/QZGwFLQU6uM
Well, if insurance companies did what they should do, I’d be doing something else. I wouldn’t have a job here today, but they don’t do what they should do, so you definitely need an lawyer unless you want to be taken advantage of big time.
38) Do I need to call the police if I have a car accident in Florida?
Video Link: https://youtu.be/UFBFT8so4BE
You certainly should, because without a police report it could boil down to your word against the other driver’s word. A policeman will at least come and document things, get insurance company names, addresses and so on, which you will need if there’s any property damage or personal injuries.
39) Do I need to contact my insurance company about my Florida car accident?
Video Link: https://youtu.be/zNUTa0Eq7js
Yes, you should contact them immediately because there’s a provision in your insurance policy that you have to give timely notice to your insurance company or it could possibly claim that it’s prejudiced by you not having done so and deny your coverage.
40) Do most Florida truck accident cases go to trial?
Video Link: https://youtu.be/a8MgpdvOLn8
It depends on the facts. Most trucking companies and their insurance companies play hardball with you, but if you prepare to go to trial, they’ll usually settle with you, shorter trial.
41) Do most medical malpractice cases result in a verdict in favor of the patient?
Video Link: https://youtu.be/faCoaYeXo9I
The answer is no. The statistics are disheartening. Defendants usually win before a jury, so therefore, it’s very important to prepare the case well and to try to settle it early on. If you can’t, you have to have a strong case, if you’re going before a jury.
42) Does a bad outcome from a doctor mean that medical malpractice has occurred?
Video Link: https://youtu.be/twlU5pnFXRg
The answer is no because there are recognized risks, which result in bad outcomes and are not considered negligence. When you have experts on both sides, there may be a difference of opinion as to whether it was malpractice or just the result of a recognized risk.
43) Does Florida cap non-economic damages, like pain and suffering, for a person injured in a car accident?
Video Link: https://youtu.be/4DuZzC20pxA
No, it does not. You have to prove your damages, but there’s no cap on them. Now, there is a cap against any governmental entity, such as the city or state. That’s under sovereign immunity, which now days is $200,00.
44) How are future damages calculated in a wrongful death case in Florida and what is present value?
Video Link: https://youtu.be/4Pg30WUe4iQ
Future damages are calculated by an economist based on past earnings and future expected earnings. The present values means that while, lets say the person was going to receive a million dollars over his lifetime of earnings, the present value of that is reduced by a certain percentage down to what a million dollars in the future is worth today.
45) How can I establish liability for a dog bite case in Florida?
Video Link: https://youtu.be/IpdksoLifm8
Well again, witnesses are important, but you should definitely call the dog control authorities as soon as it happens and perhaps the police. But the owner of the dog is liable, except in very, very limited circumstances.
46) How can I find out if the person liable for the dog bite is insured?
Video Link: https://youtu.be/NM_azEPSMPg
You can ask the person verbally, or you can write a certified letter, but often times they will not respond. So an lawyer can write a letter, and that might not be responded to either, and if that’s the case then the lawyer has to file suit to find out.
47) How common is medical malpractice?
Video Link: https://youtu.be/ql-BckSLaLs
Most doctors are good doctors, but there are some who are not good doctors. There’s a lot of medical malpractice, but many of those claims are not worth pursuing because the damages are not bad enough or the expenses will exceed what you could possibly recover.
48) How complicated are Florida auto accident cases?
Video Link: https://youtu.be/1mF_StZAuFQ
Some cases are very simple and some are very complicated, and for the complicated ones you need an expert or experts to prove who was at fault. It depends entirely on the facts of the case.
49) How complicated are Florida truck accident cases?
Video Link: https://youtu.be/VlGWY2K5wdI
Well, even a simple trucking accident case requires a lot of investigation because one wants to make sure that the trucking driver wasn’t violating one or more of the federal regulations for example. So you need to get on the case right away with experienced experts to help you document the fault of the trucking company.
50) How complicated are Florida wrongful death cases?
Video Link: https://youtu.be/82KBii9hrMs
Usually, the only complication other than what’s usual in litigation in a wrongful death case is who gets hot much money, children, wives and so on. That depends on the relationships between the deceased and each individual party.
51) How is a Florida wrongful death claim different from a survival action?
Video Link: https://youtu.be/0OWcuYIEzc4
In Florida, wrongful death claim is based on the Florida wrongful death act, which basically compensates the survivors of a deceased for their losses, economically and then mental pain and suffering. Survival action is filed in certain circumstances for the pain and suffering of the deceased.
52) How is fault determined in a Florida auto accident case?
Video Link: https://youtu.be/lI3ZPyvuVew
Fault is usually determined through the physical facts skid marks, bent metal, and also witnesses are very important. It’s awfully important to document anything that is at the scene of the accident names, addresses of people, et cetera. So that they can be used later on when needed.
53) How is fault proved in a Florida truck accident? WHAT KIND OF EVIDENCE DO WE NEED?
Video Link: https://youtu.be/sehAvCvDGy0
Fault is usually proved in a trucking accident with an accident re-constructionist, who will look at all the physical facts, talk to the witnesses, and come up with a report showing who was at fault. If it’s in dispute, at what degree each driver is at fault.
54) How is the amount of damages determined in Florida?
Video Link: https://youtu.be/t9HX-fwD6PE
For wrongful death action, usually the mental pain and suffering of each individual survivor is calculated depending on the relationship the he or she had with the deceased. A closer relationship is worth a lot of money. A very distant or troubled relationship is not.
55) How long does it take to settle a Florida auto accident case?
Video Link: https://youtu.be/9VZ6bOuqUsc
Well, that varies a lot with the circumstances. If the injuries are sufficient and the insurance is very little, for example, it could be settled within a month. If the injuries are extensive and there’s a lot of insurance coverage, the insurance company surely is going to be trying to save as much money as they can, so that could take a year or more.
56) How long will my Florida bicycle accident case take?
Video Link: https://youtu.be/AOZgaJjKKpc
Well, that’s hard to say. Like most other personal injury cases it depends on what your injuries are, how much insurance there is, and whether the insurance adjuster is a reasonable person or not. If not, you might have to file a suit and it could take six months or a year.
57) How much does it cost to hire a car accident lawyer?
Video Link: https://youtu.be/Mx8MWRpgGj4
It costs nothing. We take cases on a contingent fee basis, which means we earn a percentage of any settlement or judgement at the end of the case. We also advance any necessary costs of pursuing a claim.
58) How much time does it take to resolve a Florida truck accident case?
Video Link: https://youtu.be/qMrVzLbDQ2g
It usually takes longer than the typical automobile case because the trucking companies play hardball all the way until they finally came in at the end or a jury decides that they’re at fault.
59) How should I deal with the motorists insurance company after a Florida bicycle accident?
Video Link: https://youtu.be/oHnYTLmnyrA
Well, actually you shouldn’t deal with the insurance company, because it’s going to be seeking information which will help it alone; so what you really should do is seek the services of an experienced lawyer, to deal with the insurance company.
60) How soon do I need to bring a case after a Florida bicycle accident?
Video Link: https://youtu.be/bbnJ9q1JfUE
Actually, you have four years in which to file suit after a bicycle accident like other ordinary negligence situations in Florida, but it’s not a good idea to wait, because the more you wait the more the adjuster for the insurance company’s going to think you’re not hurt.
61) I am having trouble with insurance company claims after a Florida truck accident. What should I do?
Video Link: https://youtu.be/5bsomLBEUkE
You need an experienced lawyer to help because insurance companies will take advantage of you every time how ever they can. If you don’t have a good lawyer, you’re just going to be mowed over.
62) I can no longer have relations with my wife as a result of my car accident injury. Can she sue for loss of consortium?
Video Link: https://youtu.be/DHZS0zV4T7s
Yes, she can. Loss of consortium includes also other things that the injured spouse can’t do, such as washing, cleaning, mowing the grass or whatever. All those are considered legal rights that you have a right to compensation for.
63) I loaned my car to a friend who was involved in a Florida car accident. Am I liable if my friend was at fault?
Video Link: https://youtu.be/Aeefjb7Ri28
I loaned my car to a friend who was involved in a Florida car accident am I liable if my friend was at fault? | John H. Piccin | Piccin & Glynn | Personal Injury & Accident Lawyer With Over 40 Years Of Experience | Free Consultation | (352) 351-5446 | 1-800-969-5446 | / | 320 NW 3rd Ave., Ocala, FL 34475
Yes, you are. The reason is the car is considered a dangerous instrumentality in Florida. You put it in the hands of somebody else, he is negligent, you are liable for having given him this dangerous instrumentality.
64) I lost control of my bicycle, crashed, and was seriously injured shortly after having the brakes repaired. Can I sue the repair shop?
Video Link: https://youtu.be/D_OC5BeHoDQ
The answer is yes. Definitely, you can. It’s very important to secure the bicycle, don’t let any change happen to it and you need to get an expert to look at it right away. An lawyer can help you with that, most definitely.
65) I was injured in a Florida crash where a truck driver was at fault. Can I receive money for time I missed from work?
Video Link: https://youtu.be/5oxyzDWTvxU
Yes, lost wages is one element of damages. Also lost earning capacity. If you’re injured so that you can’t make as much money as you should, lost earning capacity comes into the picture. Usually those things are proven by an economist who is hired by your lawyer.
66) I was injured in a Florida truck accident, but I still do not know the full extent of my injuries. Why should I contact a lawyer now instead of waiting until I have a better sense of my medical status?
Video Link: https://youtu.be/Ll3RqV-Gys8
Well, you’re talking about the issue of damages which is just one part of a case. The issue of liability is the first and most important issue and if you nothing and just wait for your injuries to resolve or to be well-documented, the issue of liability is going to be lost, so you need to get on the issue of liability right away through an experienced lawyer and probably an accident re-constructionist.
67) I was rear-ended and the other driver claimed I caused the car accident. Could I be at fault?
Video Link: https://youtu.be/KjWSgUZWwEw
No, you’re not at fault. Most likely the rear-ending driver’s at fault. There’s a presumption of negligence on his part, and it really doesn’t matter what he says: The only time you can be comparatively negligent for being rear-ended is when you stop short without any reason at all.
68) I’ve heard that it’s dangerous to drive in a truck ‘No-Zone’. What does that mean?
Video Link: https://youtu.be/uVvV5lA_lfI
That means a zone on the side of a truck where the driver can’t see you. That’s very dangerous because, if he pulls over, he’s going to hit you or force you off the road. I try to get past tractor-trailers in a hurry because I’ve had a couple of cases where a front tire has blown out and the truck goes off the road or into the car next to it at a 45-degree angle.
69) If a person dies from a dog bite in Florida, can a claim still be pursued?
Video Link: https://youtu.be/i4CvTvUJeXc
Definitely. That would also come under the Florida Wrongful Death Act, which means that the survivors of the deceased, which are defined in the statute as the surviving spouse and children under 25, can recover for their mental pain and suffering, as well as other damages.
70) If a person dies from a Florida bicycle accident, can a claim still be pursued?
Video Link: https://youtu.be/93a2NyIiBus
Certainly. That would come under the Florida Wrongful Death Act, which has a lot of requirements as to who can bring a suit and so on. Experienced lawyers know the Florida Wrongful Death Act, and you really need an lawyer to help you along with such a claim.
71) If a trucking company’s insurance company wants me to sign some papers so I can get medical care, should I sign the papers?
Video Link: https://youtu.be/Cjz9oSCo__o
The simple answer’s no, you shouldn’t sign anything that a trucking company gives you without consulting with an experienced lawyer because there might be something in those papers which will wipe out your claim or reduce any claim you can make.
72) If alcohol or other drugs are involved in the Florida truck accident, how does this change the case?
Video Link: https://youtu.be/odBbKkTLUx0
Well, it changes it big time, because it then gives you a basis for claiming punitive damages against at least the trucking driver and possibly against the trucking company if it can be proven to have condoned such conduct.
73) If I am involved in Florida car accident, do I have to tell my insurance company about it right away?
Video Link: https://youtu.be/vXWO21vPd5U
You definitely do, because you don’t want your insurance company to be saying, “You didn’t give me notice, we’re prejudiced, we’re denying coverage.”
74) If I may have been partially at fault for the Florida truck accident, can I still win the lawsuit?
Video Link: https://youtu.be/vph6S8aKifo
I guess that depends on what the definition of win is. If you’re partially at fault, the finder of fact, whether it’s an adjuster before the suit is resolved or the jury in a suit, will decide what percentage of negligence was yours. If you are 25 percent negligent, you can collect 75 percent of your damages.
75) If I own a car, do I have to buy automobile insurance?
Video Link: https://youtu.be/8Qn2HZbhMyQ
You do, but Florida law unfortunately requires very little insurance. All you have to buy is $10,000 of property liability insurance and $10,000 of personal injury protection coverage. You really need to buy the optional uninsured motorist coverage to protect your injuries due to the fault of another party.
76) If I was hit by a commercial vehicle in a Florida car accident, is the employer of the other driver also responsible?
Video Link: https://youtu.be/FT5T22xdRSU
Yes, the employer’s responsible because the driver was working for the employer, and the employer’s insurance will definitely get involved and defend the claim.
77) If my doctor was negligent, does that mean I will win my medical malpractice case?
Video Link: https://youtu.be/1Pa4UHN_QbY
Not necessarily. As I say, this field is very complicated, very expensive to pursue, and even a good case has many hurdles to cross before it can reach a resolution.
78) Is investigation important in a Florida truck accident case?
Video Link: https://youtu.be/cZRLGXfW214
Investigation is very important because the other side can obscure facts, they can lie about things, so you need to get on it right away through an experienced lawyer and accident re-constructionist.
79) Is it safe to use a hands-free device to talk on a cell phone while driving?
Video Link: https://youtu.be/1BsmA24etGw
Well, it’s allowed in Florida but I don’t think it’s entirely safe because you can be distracted by talking hands free just as well as you can by holding a phone. I would recommend against it.
80) Is my Florida truck accident case any different if I am injured, or a family member is killed by a truck as opposed to any other vehicle driver?
Video Link: https://youtu.be/JXJXh5h7HNI
It’s different in the sense that the trucking company probably has a lot more insurance than any automobile driver and owner. It makes the case very significant and that’s when it’s most essential to have good help.
81) Is there a limit on how much money I can recover in my Florida truck accident case?
Video Link: https://youtu.be/8lTUsT1LtqA
No, there’s no limit. As long as the truck’s not owned by a governmental entity. In which case the limit would be $200,000. In a typical accident, no. You have to prove your elements of damages, but it’s whatever the jury decides is fair and equitable for your injuries or death.
82) Is there a time limit to file my Florida car accident lawsuit?
Video Link: https://youtu.be/DLRjK8YpCb4
Yes. Like other common law negligence, the statute of limitations is 4 years, so you have to settle your claim or file in court within four years or you’ll be forever barred, but don’t wait that long. You need to get on it right away to preserve evidence, etc.
83) Is there such a thing as a bicycle expert?
Video Link: https://youtu.be/M2sdrRMXfGI
Yes, there is. Usually, they’re professional engineers who have had a lot of experience with bicycles and perhaps motorcycles, but you really need such a person in a bicycle accident to document what was wrong with the bicycle that caused the wreck.
84) Must a settlement in a wrongful death case be shared with all relatives?
Video Link: https://youtu.be/u4YPMrbpLsk
The answer is no. The Florida Wrongful Death Act defines who may collect damages. They are survivors and they are very particularly described as surviving spouse, minor children, and in certain cases parents or dependent relatives.
85) Must I reimburse my health insurance company if I am awarded damages in my Florida auto accident case?
Video Link: https://youtu.be/juHIErdSRnM
Yes, you have to reimburse your insurance company, but you don’t have to do it dollar for dollar. An experienced lawyer will negotiate that claim down to significant savings to you.
86) My insurance company says they are reserving their rights. What does that mean?
Video Link: https://youtu.be/iVdxgD8cIgw
That means that they’re reserving the right to deny coverage at some point down the road, so if your insurance company says that to you, you should seek an experienced lawyer because you do have the ability to choose an lawyer of your choice at that point.
87) My state has a comparative negligence law. How does that work and who decides how much I was at fault?
Video Link: https://youtu.be/ML6Le35DulA
One of the facts of the case show who is at-fault. That’s why it’s important to have proof: eyewitnesses, skid marks, bent metal and your own testimony. It’s up to the insurance adjuster or a jury to decide who is at fault or in what percentages.
88) Should I accept a settlement offer in my Florida wrongful death case?
Video Link: https://youtu.be/vjhGG4DGt4U
You shouldn’t without an lawyer. First of all, under the law, any individual cannot accept an offer unless he’s a personal representative of the decedent’s estate.
89) Should I be concerned if I am running up a lot of medical bills as a result of my Florida car accident and there is not enough insurance on the car that hit me?
Video Link: https://youtu.be/vjhGG4DGt4U
You shouldn’t without an lawyer. First of all, under the law, any individual cannot accept an offer unless he’s a personal representative of the decedent’s estate.
90) Should I negotiate with the insurance adjuster myself without the help of an lawyer in order to settle my Florida auto accident case?
Video Link: https://youtu.be/7JBl-N2WrzY
I’m sorry to say that’s a bad idea, because inevitably you will be taking advantage of if you don’t have an lawyer. You really don’t know what the claim is worth and the insurance company will play on that lack of knowledge and take total advantage of you.
91) The auto insurance company’s lawyer says my injury was pre-existing. How do I prove it was not?
Video Link: https://youtu.be/e7RAsFl-ZlA
If it’s not, you need your old medical records or the lack thereof, which would show that you didn’t have this condition before this accident. That’s the most important factor. The testimony of doctors involved will help as well.
92) The car accident was the other driver’s fault. Can I just settle it myself without an lawyer?
Video Link: https://youtu.be/pntPDs1gykI
Well, you certainly can, but most likely you’ll be taken advantage of. The insurance company loves to deal with people who don’t have lawyers because they think that they can get away with paying a fraction of the value of the claim and so you shouldn’t allow that to happen.
93) The insurance adjuster asked me to record a statement. Should I do that after a Florida boating accident?
Video Link: https://youtu.be/OwNgeVxNBEo
I would say that if you have a claim or potential claim you should not give the insurance adjuster a statement without first consulting an experienced lawyer, because the insurance adjuster will be after information only that helps the insurance company and not you.
94) The truck driver who caused my accident had just started on the job. Could this be a factor in my Florida case?
Video Link: https://youtu.be/ka9Amn6DeDc
That definitely could be a factor because he might be inexperienced. He might not know that he has to foresee things more than you do in a car, because it takes you longer to stop. That would be a very helpful element in your case.
95) What are some examples of medical malpractice?
Video Link: https://youtu.be/MyiYVR3b6jw
Well the most clear case is when an instrument is left in a person after an operation. Other instances are failure to diagnose cancer, failure to treat an emergency situation in a timely manner, but there are any number of things that are malpractice.
96) What are subrogation rights?
Video Link: https://youtu.be/4MKY1lMlBnk
Subrogation rights are the rights to be reimbursed. For example, if you have Blue Cross, Blue Shield and it pays some of your medical bills during the course of a case, it has a right to get its money back, but an experienced lawyer will negotiate that claim down significantly.
97) What are the common causes of bicycle-automobile collisions?
Video Link: https://youtu.be/SNybiSPAZ6o
Well, assuming that the bicycle rider is obeying the law not doing something silly it’s usually the driver of the car doesn’t see the bicycle because of it’s small size. Acts as if the bicycle weren’t there and a lot of times it results in a collision.
98) What are the limits on the ability to collect under an uninsured/underinsured motorist provision in Florida?
Video Link: https://youtu.be/QomO2d9CcEU
What are the limits on the ability to collect under an uninsured underinsured motorist provision in Florida? | John H. Piccin | Piccin & Glynn | Personal Injury & Accident Lawyer With Over 40 Years Of Experience | Free Consultation | (352) 351-5446 | 1-800-969-5446 | / | 320 NW 3rd Ave., Ocala, FL 34475
You’re usually limited to the amount of uninsured motorist cover that has been purchased and applies to you although it is possible to have a bad faith claim against your uninsured motorist company if it doesn’t settle and it could and should have.
99) What are the most common factors in collisions between commercial trucks and automobiles?
Video Link: https://youtu.be/t5dvWcyUrcY
The most common fact I see is that the truck driver’s either fatigued or he’s trying to make a schedule and he’s over driving the truck. The trucks can’t be stopped that quickly, so collisions result because of either distraction or over driving.
100) What are trucking accidents and how are trucking accidents different from regular car accidents?
Video Link: https://youtu.be/eDl1AI7Prws
Well, interstate trucks are subject to a lot more federal regulation and state regulation. Also, unfortunately, the injuries are usually severe when a tractor trailer hits a car or a pedestrian, and there’s much more insurance involved. They’re usually much more significant cases.
101) What can I do if the person who caused the death is uninsured?
Video Link: https://youtu.be/e8hm5bmn-bQ
Again, that’s when uninsured motorist coverage is extremely important. If the person who caused the death is uninsured and doesn’t have any assets and wasn’t working for anybody at the time, you may be out of luck there. But, if you have uninsured motorist coverage that applies, you can go after the company that you bought that coverage from.
102) What does preponderance of evidence mean?
Video Link: https://youtu.be/4DEWymmVyTc
The preponderance of the evidence just means the greater weight of the evidence, actually 51% or more, as opposed to the criminal standard, which is beyond a reasonable doubt. Civil requirements are less than they are in a criminal case to prove fault.
103) What evidence of injury is necessary to recover damages in a Florida auto accident case?
Video Link: https://youtu.be/F-wH_DPLYic
Usually the evidence of injuries comes from the treating physicians. You may have several of those. If the insurance company doesn’t want to settle with you fairly, you may have to file suit and take the depositions of those doctors or bring them live to court, which is an expensive proposition, but it’s really necessary.
104) What happens if I am injured in Florida by an at-fault driver who doesn’t have auto insurance?
Video Link: https://youtu.be/23m5E2Nfrt0
Let’s hope you have uninsured motorist coverage because if you do, you can collect from your uninsured motorist coverage. If you don’t have that coverage, which is optional, you are out of luck.
105) What happens if I injured someone in a Florida car accident and the insurance company refused to settle within my policy limits, then a jury awards damages in excess of my policy limits?
Video Link: https://youtu.be/zeqEKf5JZdw
In that event, you might have what’s called a bad faith claim against your insurance company for not settling when it could have and should have. You won’t be held liable for those damages, but your insurance company will be over the amount of the insurance that you had.
106) What happens if the other driver involved in the accident is not insured or has minimal coverage?
Video Link: https://youtu.be/-ZdOtWv3wmw
Well, an experienced lawyer can find out whether that person has any assets by a public record search, but that especially points out why uninsured motorist services are essential. Your own uninsured motorist coverage will cover your injuries when the at-fault has no insurance or very little insurance.
107) What if I cannot afford the expert witnesses that are necessary in a Florida truck accident case?
Video Link: https://youtu.be/Org1HdZvPQw
Well, in that case, you need an experienced lawyer who has the resources to be able to fund prosecuting such a claim. Experts are expensive, but good trials lawyers know that and we hire the best, and the money is very well spent usually.
108) What if I do not have medical insurance and am concerned about paying my medical bills following a truck accident?
Video Link: https://youtu.be/b11oLf4UNI4
Your own PIP coverage will pay 80% of your medicals, 60% of your lost wages up to $10,000. Anything over that becomes a part of your claim against the trucking company.
109) What if I sue and am awarded damages in my Florida car accident case? Will I have to reimburse my health insurer for any bills they paid for my care?
Video Link: https://youtu.be/OLhYq2ohv7U
Yes you will because it’s called subjugation. It has a right, even if it’s not in your policy, to be reimbursed for money that it’s spent on your behalf. An experienced lawyer can negotiate that claim for you and reduce it significantly.
110) What if I was not wearing a seat belt at the time of my Florida car accident? Can I still recover damages?
Video Link: https://youtu.be/YEU27j2KMxo
Florida law requires that you wear a seat belt. If you don’t wear one, you’re considered comparatively negligent, and your damages will be reduced by the percentage of comparative negligence that is attributed to you for not wearing a seat belt.
111) What if the cause of my Florida car accident is not clear?
Video Link: https://youtu.be/3RI51cUmscU
Well, then you’re in for a battle, because the insurance company is going to deny your claim, claiming that it was your fault, so you need an experienced lawyer, I’m sorry to say, to prove what the facts were and that you were not at fault, or that you were only partially at fault.
112) What if the only survivors are children who are minors? Can they sue for wrongful death in Florida?
Video Link: https://youtu.be/RwreiO_65H0
Definitely. Also, the claims of minors are usually very valuable because they have their average life expectancy to live without the deceased to be there to guide and help and love that person. Children usually have very valuable claims.
113) What if the police said I was at fault in a Florida truck accident?
Video Link: https://youtu.be/e5MwK9D6v_Y
Well, sometimes policeman get it wrong, and actually their opinion of who is at fault is not admissible in court in a trial, because it’s just their opinion at the time. They’re usually not there, they didn’t see it. I wouldn’t let that bother you. You still need to get good experienced help to determine who actually was at fault.
114) What is an ‘underride’ accident?
Video Link: https://youtu.be/vD4qMy_jD2s
An underride accident is where a motor vehicle, a car usually, goes underneath a tractor-trailer. Federal regulations require a guard at the rear of a tractor-trailer which usually holds up, but there’s no such thing on a the side of a tractor-trailer so car goes under there, very often the people are killed.
115) What is auto crashworthiness law?
Video Link: https://youtu.be/2X-ihnFzDuM
Well that law that says that a motor vehicle should be made in a reasonable manner so that it doesn’t cause enhanced injuries to you as a result of an accident.
116) What is contributory negligence or comparative responsibility and how does it affect my Florida bicycle injury claim?
Video Link: https://youtu.be/_4bAWH3_Y7M
We used to have, in Florida, contributory negligence, which meant that if the claimant was 1% negligent he had no claim, but I think it was in 1973 we changed to comparative negligence, which means claimant could be 10% and the defendant driver 90%, or 50/50, or 70/30, but it’s based on percentages nowadays.
117) What is distracted driving?
Video Link: https://youtu.be/QBSJEi-yEJY
Well, distracted driving is bad. That means that the driver’s not paying attention to what he should be doing at the time. He’s either fatigued or he’s texting or talking with his passengers, but he’s definitely not driving in a reasonable manner, and he can be held responsible for that.
118) What is liability insurance?
Video Link: https://youtu.be/x22y2BDPTC8
Liability insurance is insurance to cover your liability. Florida, unfortunately is not even required that you have personal injury liability coverage. The only thing that’s required is property damage liability coverage so that if you damage somebody’s property, you’re covered up to the extent of that coverage which is only $10,000.
119) What is the Florida “No Fault” law?
Video Link: https://youtu.be/PUQUjRcwxc4
It’s a law we’ve had in effect in Florida for years, which means you get benefits automatically under your personal injury protection coverage, without regard to fault. In return for that benefit, you have to have a permanent injury or a loss of a bodily function, or a permanent, significant scar in order to recover for pain and suffering and other intangible damages.
120) What is the purpose of obtaining uninsured or underinsured motorist coverage?
Video Link: https://youtu.be/M68gFM75rg4
That kind of coverage is extremely important, because 50% of the drivers around in Florida do not have bodily injury liability coverage. A lot of the other ones have very little, so that you need Uninsured Motorist Coverage to cover your own injuries due to the negligence of an uninsured or an under-insured driver.
121) What is the statute of limitations to bring a Florida auto accident case?
Video Link: https://youtu.be/k_t1F9rXSao
It’s four years because it’s considered common law negligence, but never wait longer than a week or so before you get your act in order. I think you really need the help of an lawyer because you can’t evaluate the situation you’re in.
122) What kinds of damages are recoverable in a Florida wrongful death claim?
Video Link: https://youtu.be/H74jQj0qtbE
There are economic damages, which are lost earnings of the deceased. Usually, very importantly, our non-economic damages such as mental pain and suffering of the survivor; the surviving spouse or children. In the case of children it’s a lack of guidance and support during their life expectancy.
123) What role do expert witnesses play in medical malpractice cases?
Video Link: https://youtu.be/W9eQWdgB-Ec
Experts are extremely important in medical malpractice cases because a jury will depend on their opinions. You have to have a lawyer who knows how to get good, excellent experts before he gets involved in the case.
124) What should I bring to the initial consultation with my lawyer in a Florida wrongful death case?
Video Link: https://youtu.be/kd3fW6HwLyQ
You should bring any papers or other documents such as photographs that have to do with why it was a wrongful death. Who was at fault for that wrongful death?
125) What should I do if an insurance company approached me about the death of a loved one?
Video Link: https://youtu.be/u0zhCSRnwPo
Well, if the person died in an accident, or as result of somebody else’s negligence, you definitely need an experiences lawyer to help you, because the Wrongful Death Act is specific in its requirements and in its damages which most people don’t know about unless they practice law in this area.
126) What should I do if I cannot afford an lawyer for my Florida auto accident case?
Video Link: https://youtu.be/BJoc7GEinwE
Well, you can’t afford an lawyer for your auto accident case. Most of my clients don’t have much extra money at all. We take cases on a contingent-fee basis, which means that any fee we earn is a percentage of what we get for you at the end of the case.
127) What should I do if the insurance company offers me a check right away?
Video Link: https://youtu.be/Dmm3BV7zyL4
You should go to an lawyer because you don’t know how much insurance coverage there is, you don’t know the value of your injuries so you’re not equipped to evaluate the situation. You should not accept it without consulting and experienced lawyer.
128) What should I do immediately to help preserve my Florida wrongful death claim?
Video Link: https://youtu.be/GqAokaD7uMo
It depends on what type of accident we’re talking about. If it’s automobile or trucking accident you need to get an experienced lawyer to get on the job, get experts and so on to preserve evidence. If it’s a medical malpractice situation you need to get an experienced lawyer to hire experts to prove that it was medical malpractice.
129) What should I look for in hiring an lawyer to represent me in my Florida auto accident case?
Video Link: https://youtu.be/4uKFaQbKAgk
Experience, reputation. You might want to consult Martindale-Hubbell which is the country’s leading law directory. You might want to ask a judge you know or some other lawyers. Reputation is a very important factor in choosing an lawyer.
130) What should I look for in hiring an lawyer to represent me in my Florida truck accident case?
Video Link: https://youtu.be/Pxm2JVIdHwQ
You should be looking for an lawyer who has handled trucking cases in the past. One who’s got an excellent reputation with the judges and other lawyers in the community. One who knows what experts to hire at the outset.
131) What should I look for in hiring an lawyer to represent me in my Florida wrongful death case?
Video Link: https://youtu.be/xN9HeCuzRaI
You should look mainly to the lawyer’s reputation and his experience. That can be determined by checking out his website or maybe better yet talking to a judge or other leaders in the community.
132) What types of legal relief are available on behalf of the surviving family and estate of someone killed in an automobile accident?
Video Link: https://youtu.be/x1iMVTqOAEU
In general, lost earning capacity of the deceased is recoverable. Any expenses involved are also recoverable. The main element is the mental pain and suffering of each of the survivors of the deceased.
133) What will the defendant argue against me in my Florida wrongful death case?
Video Link: https://youtu.be/rtti3Aq5jqM
If possible, the defendant will argue that the death was not a result of any wrongdoing, that it was just of natural causes, or something that that individual is not responsible for.
134) When are punitive damages available in a Florida wrongful death claim?
Video Link: https://youtu.be/6vHMYOS2w6I
They’re available when the activity of the at-fault person was egregious, in other words, when that person was drinking, or on drugs, or totally distracted, or going way over the speed limit. Then punitive damages are appropriate because they are designed to punish and to deter others from like actions.
135) When is a death considered wrongful in Florida?
Video Link: https://youtu.be/JTEdJwCAjYc
Death is wrongful in Florida when it’s a result of some negligent act, or intentional act, as opposed to dying of natural causes.
136) Where will my Florida truck accident case be filed?
Video Link: https://youtu.be/VsmJV4KutL8
That gets into venue regulations under state law. Usually it’s the county in which the accident happened, even if they defendant’s from another state. It’s usually where the accident happened.
137) Who can file a Florida wrongful death claim?
Video Link: https://youtu.be/7qRV0AvpN3s
Under the fraud or wrongful death statute, only a personal representative may file or settle a wrongful death claim.
138) Who can sue in a Florida truck accident injury or death case?
Video Link: https://youtu.be/9ZSzhT1XfcA
The injured person can sue and the spouse of the injured person. If there’s a death, the personal representative of the estate of the deceased is the one who’s authorized to bring suit.
139) Who is going to pay for my medical expenses following my Florida car accident?
Video Link: https://youtu.be/OIh7AjNwi1E
Who is going to pay for my medical expenses following my Florida car accident? | John H. Piccin | Piccin & Glynn | Personal Injury & Accident Lawyer With Over 40 Years Of Experience | Free Consultation | (352) 351-5446 | 1-800-969-5446 | / | 320 NW 3rd Ave., Ocala, FL 34475
Your own personal injury protection coverage in your policy pays 80% of your medical expenses up to the total coverage of your PIP coverage, which is usually $10,000. Anything over that is part of your claim against the at fault drive and owner.
140) Who is liable in Florida if the brakes in a vehicle failed?
Video Link: https://youtu.be/UCGE-VsNJ8U
It depends on the circumstances. If your brakes fail and you had reason to believe that they weren’t working too well, you will probably still be liable. If it was a total surprise to you, you might be able to get out of liability, but that would be difficult as well.
141) Who will pay for my rental car following my Florida car accident?
Video Link: https://youtu.be/fGfxlzXsyGI
Well, if you have rental car coverage in your own policy, your company will pay for that. If you don’t, it’s part of your claim against the at-fault driver and owner.
142) Why are truck accidents more serious than car accidents?
Video Link: https://youtu.be/KZFT_WacQC0
Well, typically, tractor trailer weighs around 80,000 pounds and when something that big and heavy hits you, there are going to be serious injuries. Also, there’s a lot of insurance involved, so that’s why you need a sophisticated help.
143) Why consult with an lawyer in an accident injury case?
Video Link: https://youtu.be/DT1E7fqYGKw
Because if you don’t, you’re going to be taken advantage of big-time. We who do personal injury law all the time know all the tricks that the insurance companies have, and their goal, of course, is to save as much money as they can and to pay as little as possible to you.
144) Why is a traffic accident involving a commercial truck more likely to cause injury than one involving passenger cars?
Video Link: https://youtu.be/fv8nP9NyS1Y
Well, I think that boils down to a matter of physics. When something 80,000 pounds or thereabouts, the typical weight of a tractor trailer hits a car, it’s going to do significant damage. The injuries are usually quite severe.
145) Why shouldn’t I face the trucking company and its insurer alone?
Video Link: https://youtu.be/MwBGvcPIxxs
Because it would be like going after a bull with a flyswatter. The accident is going to be investigated the day of the accident or the day after by the trucking company, with experts on the scene, and so you need all the help you can get. You can get that through an experienced truck accident lawyer and the experts that he hires.
146) Will I need expert witnesses for my Florida wrongful death case?
Video Link: https://youtu.be/H1OjQkXLX3c
Well, that depends on the circumstances of the wrongful death. For example, if it’s a medical malpractice wrongful death, you definitely need witnesses, and it’s very important to hire excellent witnesses, because ordinary witnesses probably won’t be able to do a good job for you.
147) Will it cost me any money to bring a Florida auto accident case?
Video Link: https://youtu.be/kCeoSWle2jM
If you have an experienced lawyer, the answer is, “No,” because we plaintiff’s lawyers, advance the costs that are necessary to pursue a claim and take it out of your portion of the proceeds at the end of the case.
148) Will my Florida bicycle accident case settle and does it make a difference if I hire an lawyer?
Video Link: https://youtu.be/suyQ2H7cyE8
It will make a difference because insurance companies will take advantage of unrepresented claimants. It happens in bicycle cases, car accidents, truck accidents. It’s just a fact of life so to get fair compensation you really need an experienced lawyer to help you.
149) Will my insurance company defend me in court if I am sued following a Florida car accident?
Video Link: https://youtu.be/SLGNuFaKl04
Yes it will. But if you have limited insurance and the injuries on the other side are substantial, you probably need an lawyer to oversee that defense for you so that you don’t end up being liable for a big verdict.