Any automobile accident whether minor or major is a very emotional event. With so many questions to be answered, getting the proper medical attention, dealing with insurance companies, missing work and wages and getting your car repaired, know that the attorneys of Dennis Hernandez & Associates, PA are there to help you through this this difficult time.

All operators of vehicles must drive with "reasonable care under the circumstances”. If you have been injured through the carelessness, negligence or irresponsible behavior of another individual or organization, you probably have a valid personal injury claim. Since most of the time you will suffer some form of loss (be it income, physical, emotional, or other), our legal system provides you with a limited time within which to pursue your lawsuit. You should therefore contact us immediately for a free and confidential evaluation by completing our online consultation form.

The success of any accident / injury case requires the immediate retention of highly experienced personal injury attorneys. When you are injured, the right lawyer does make a difference.

In a case where injuries are substantial and the insurance coverage is inadequate, you need experienced and aggressive lawyers to fight the insurance companies and obtain every possible recovery for you. Replacing your future income; obtaining lost wages; repairing damage to your car; paying for hospital bills, doctors' visits, medication, and rehabilitation; and obtaining full compensation for all of your pain and suffering is what we seek to do.

We also represent those injured in car accidents, collisions or crashes resulting from defective products or design in automobiles and trucks, such as defective seatbelts, tires or gas tanks.

Remember, you owe it to yourself and your family to make sure you obtain the maximum possible recovery for your injuries.

Frequently Asked Questions Regarding Automobile Accident Cases

What should I do if I am involed in an auto accident?

• Immediately report the accident to the police and summon medical help if needed.
• Collect information from drivers, passengers and witnesses to the accident by getting their driver's license number, name, address, and telephone number. To assist in your recovery, get as many photographs or video of the scene and vehicles as possible.
• If medical treatment is required, make sure to give an accurate statement of how the accident happened. Give the same accurate statement to the doctor who is treating you and the complications or injuries you are having because of the accident.
• Was there any damage to the vehicles as a result of the accident? (Even if there wasn't, that does not mean that someone may not have been injured, even with a "soft tissues injury".) What parts of the vehicle were damaged?
• Call your insurance company and no one else. You have the right to not cooperate with the insurance company of the driver who caused the accident.
• Any injuries you suffered from the accident should be photographed. These photographs can be used at your disposal.
• All automobile insurance policies in your household should be gathered for evaluation by an attorney to determine the full extent of insurance available to you.

What are some of the issues that I will face in making a claim for my injuries?

Their are three typical issues talked about in a claim made following an automobile accident:

• Liability
• Damages
• Insurance Coverage

Liability is subject to who is at fault in the automobile accident. Insurance companies covering the person who caused the accident will do anything to eliminate the fault of its driver and then try to maximize your degree of comparative fault.

The damages include the injuries or losses that were caused by the automobile accident. These include past and future lost wages, past and future medical bills, pain and mental suffering, among a long list of other possible damages.

Insurance coverage is a complex subject in itself. There are many factors that which both partie's insurance companies will try to deny or undervalue coverage. It is best to get from an attorney who knows how to deal with this type of case.

Is there any way to determine how long my case will take?

Expect the average of 6 to 12 months after an accident takes place, once your treating doctor places you at "Maximum Medical Improvement" - a term used by doctors stating that your injuries and conditions that have improved are going to be as good as they will ever get. The time table may vary depending on the severity of your injuries, the complexity of the case and how well you are healing. We then prepare and send out a demand letter for settlement, subject to your approval, to the insurance company, and negotiate the highest possible settlement you are entitled to. The estimated time of how long it will take is subject to vary depending on the facts of the case.

Can you determine how much my case is worth?

The evaluation of your personal injury case may be based on many factors and might include any of the following:

• How did the accident happen
• What type and to what extent are your injuries and medical treatment
• Did you sustain permanent injuries or significant scarring
• What was the amount of your past medical bills
• What is the expected amount of your future medical bills
• What was the extent of damage to the vehicles involved
• What is the amount of lost wages you have incurred
• How much is the future loss of earning capacity

Can I still sue if the adverse party's insurance company has advised me that there is no Bodily Injury coverage on their insurer's policy?

The State of Florida does not require that a registered owner of an automobile carry bodily injury liability (BIL) coverage. The chances of recovering a substantial settlement for your injuries against an uninsured driver are slim, unless that person has the assets to pay any judgment rendered against him. If you carry uninsured motorist coverage it will be available to you if you sustain a serious injury caused by an uninsured or underinsured driver.

I did nothing wrong to cause this accident, why do we have to use my insurance company?

Florida is a "no fault" insurance state. When you are in an auto accident that was caused by someone else, you are required by law to submit your own medical expenses to your own automobile insurance company under your Personal Injury Protection (PIP) coverage. The person who caused the accident, and/or his insurance company , is responsible for paying your medical bills and lost wages that exceed your PIP policy, and for your pain and suffering if you have sustained a permanent injury.

What is Personal Injury Protection?

Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida tag, even if the vehicle is in another state or inoperative. There are no exemptions in the law. However, if you have been involved in a crash, you may be required to purchase bodily injury liability coverage (BIL). PIP is coverage that will compensate a loss due to injury regardless of who is charged with causing the crash. PIP applies to bodily injury to you, relatives who live in your home, and passengers who are not required to have PIP, as well as licensed drivers who drive your vehicle with your permission. PIP insurance also protects you if you are injured as a pedestrian or bicyclist as long as the injury is caused by a crash involving a motor vehicle.

What should I do if an adjuster from an insurance company says I don't need a lawyer and wants to settle with me?

It would be wise to contact an attorney before doing any negotiating with an insurance adjuster from the insurance company. They are out to settle your case with the likely hood of you getting the least amount of money possible out of it. Insurance adjusters are trained to diminish the value of your claim, try to have you admit fault to the claim, minimize the extent of your injuries (even if they are permenantly disabling) and claim to want to help you. Do not trust anything they tell you because you may be at risk of losing whatever damages that you were hoping to get from the accident and your injuries.

How much is my case worth?

The evaluation of your case may be based on many factors and might include any of the following:

• How the accident happened
• Damages to the vehicles involved
• Determining the extent of your injuries and medical treatment
• Any sign of permanent injuries or scarring
• The amount of your past and future medical bills
• The amount of your past and future lost wages

I can't afford a attorney, how do I pay for your services

Dennis Hernandez & Associates, P.A. handles personal injury cases on what is called a contingency basis. This means that no fees or costs are charged unless we collect money damages for you. Personal Injury consultations with our office are free. When your case is concluded, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work, is in writing, signed by you and one of our attorneys, and is 33 1/3% if no lawsuit is filed and 40% if a lawsuit is filed, up through trial.

Cost include expenses our law firm advances on behalf of you the client. They can be such things as expert witnesses, copies of medical records, courthouse filing fees, experts on accident reconstruction, doctors and depositions. Cost are separate from our attorneys' fees and only if we obtain a settlement do we get reimbursed.

FREE CONSULTATION

For a free and confidential evaluation of a personal injury claim you want to make, complete our online consultation form or contact us. One of our attorneys or case managers will personally speak to you and provide the answers to your questions. Your service is very important to us and we will work hard for you to resolve your legal matters during this difficult time.