PERSONAL INJURY LAW
Vassallo, Bilotta, & Davis Personal Injury Law Specialists FAQs
FAQs for Our Personal Injury Services
Auto Accidents
Car accidents can leave lasting impacts. Our skilled attorneys specialize in navigating the complexities of auto accident claims, ensuring you receive fair compensation. Here are 10 frequently asked questions (FAQs) focusing on auto accidents:
What should I do immediately after a car accident?
After a car accident, ensure safety by checking for injuries, calling 911, and reporting the accident to the police. Exchange information with the other driver, document the scene, and seek medical attention, even if injuries seem minor.
How soon should I contact an attorney after a car accident?
It's advisable to contact an attorney as soon as possible after the accident to protect your rights, preserve evidence, and navigate the legal process.
How is fault determined in a car accident case?
Fault is determined based on evidence such as police reports, witness statements, traffic laws, and sometimes expert analysis. Your attorney can help gather and present evidence to establish fault.
What types of compensation can I receive after a car accident?
You may be entitled to compensation for medical bills, lost wages, pain and suffering, property damage, and other related expenses.
What if the other driver doesn’t have insurance or is underinsured?
If the other driver is uninsured or underinsured, you may still be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage.
How long do I have to file a car accident claim?
The statute of limitations for filing a car accident claim varies by state, but in Florida, you have two years from the date of the accident. Consulting an attorney early ensures you don’t miss this deadline.
What should I do if the insurance company offers me a settlement?
Before accepting any settlement offer from an insurance company, it's essential to consult with an attorney to ensure the offer is fair and covers all of your damages.
Do I need to go to court for a car accident claim?
Not all car accident claims go to court. Many are settled through negotiations with insurance companies. However, if a fair settlement cannot be reached, your case may go to trial.
How much does it cost to hire a personal injury attorney?
Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay unless you win your case. The fee is typically a percentage of your settlement or judgment.
What if I was partially at fault for the accident?
Even if you were partially at fault for the accident, you might still be able to recover compensation. The amount you can recover may be reduced based on your percentage of fault, depending on your state's laws.
Workplace Injuries
Suffered an injury at work? Our team is adept at handling workers' compensation cases, advocating for your rights against employers and insurance companies. Here are six FAQ questions and answers focusing on workplace injuries and workers' compensation:
What should I do immediately after a workplace injury in Florida?
After a workplace injury in Florida, it's important to seek medical attention right away. You should also notify your employer as soon as possible, as Florida law requires you to report the injury within 30 days. Failing to do so could jeopardize your ability to receive workers' compensation benefits.
Am I eligible for workers' compensation if the injury was my fault?
Yes, Florida's workers' compensation system is a no-fault system, meaning you can receive benefits regardless of who was at fault for the injury, as long as the injury occurred while you were performing your job duties. However, if the injury was caused by your intoxication or willful misconduct, you may not be eligible.
What benefits can I receive through workers' compensation in Florida?
In Florida, workers' compensation benefits typically cover medical expenses, lost wages (usually a portion of your regular income), and rehabilitation costs. In cases of permanent injury, you may also receive compensation for long-term disability or impairment.
How long do I have to file a workers' compensation claim in Florida?
You have two years from the date of the injury to file a workers' compensation claim in Florida. However, you must report the injury to your employer within 30 days. It's crucial to act quickly to ensure you do not miss any deadlines that could affect your eligibility for benefits.
Can I sue my employer for a workplace injury in Florida?
In most cases, you cannot sue your employer for a workplace injury in Florida if you are receiving workers' compensation benefits. Workers' compensation is designed to be the exclusive remedy for workplace injuries. However, there are exceptions, such as if your employer intentionally caused your injury or if a third party was responsible.
What should I do if my workers' compensation claim is denied?
If your workers' compensation claim is denied, you have the right to appeal the decision. It's advisable to consult with an experienced workers' compensation attorney in Florida to guide you through the appeals process and help you gather the necessary evidence to strengthen your case.
Medical Malpractice
If you've been a victim of medical negligence, Vassallo, Bilotta, and Davis can help. We have extensive experience in securing rightful compensation for medical malpractice cases. Here are five FAQ questions and answers focusing on medical malpractice:
What qualifies as medical malpractice in Florida?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care that a reasonably competent provider would offer under similar circumstances, leading to injury or harm to the patient. This can include errors in diagnosis, treatment, aftercare, or health management.
How long do I have to file a medical malpractice claim in Florida?
In Florida, you generally have two years from the date you discovered (or should have discovered) the injury to file a medical malpractice claim. However, there is a statute of repose that limits the filing of claims to no more than four years from the date of the malpractice, regardless of when it was discovered. Exceptions may apply, such as in cases involving fraud or minors.
Do I need to obtain a medical expert’s opinion before filing a medical malpractice lawsuit in Florida?
Yes, Florida law requires that you obtain a written opinion from a qualified medical expert who can testify that there are reasonable grounds to believe that medical malpractice occurred. This opinion must be obtained before you can file a lawsuit, as it serves as a prerequisite for initiating a medical malpractice claim in the state.
What damages can I recover in a Florida medical malpractice case?
In a successful medical malpractice case in Florida, you may be entitled to recover damages for medical expenses, lost wages, and pain and suffering. Florida also imposes caps on non-economic damages (such as pain and suffering) in medical malpractice cases involving practitioners, but the amount can vary depending on the specifics of your case.
Can I sue a hospital for medical malpractice if the error was caused by a doctor?
It depends on the relationship between the doctor and the hospital. In some cases, the hospital can be held liable for the actions of its employees, including doctors, nurses, and other staff members. However, if the doctor is an independent contractor rather than an employee of the hospital, the hospital may not be liable. An experienced medical malpractice attorney can help determine whether the hospital can be held responsible in your case.
Slip and Fall Accidents
Slip and fall incidents can occur anywhere. Our lawyers are experts in premises liability laws, ensuring property owners are held accountable for your injuries. Here are six FAQ questions and answers focusing on slip and fall accidents:
What should I do immediately after a slip and fall accident in Florida?
After a slip and fall accident, it's important to seek medical attention, even if you feel fine at the moment. Report the incident to the property owner, manager, or store employee. If possible, take photos of the scene, including any hazardous conditions that caused the fall. Get contact information from any witnesses and document the details of the accident as soon as possible.
How do I prove liability in a slip and fall case in Florida?
To prove liability in a slip and fall case in Florida, you must demonstrate that the property owner or occupier knew or should have known about the hazardous condition and failed to take reasonable steps to fix it or warn you about it. Evidence such as witness statements, security footage, and maintenance records can help establish liability.
Can I still recover damages if I was partially at fault for my slip and fall accident in Florida?
Yes, Florida follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, your recovery would be reduced by 20%.
What types of damages can I recover in a Florida slip and fall case?
In a Florida slip and fall case, you may be entitled to recover damages for medical expenses, lost wages, and pain and suffering. If your injuries are severe and have long-term effects, you may also be able to recover damages for future medical care and loss of earning capacity.
How long do I have to file a slip and fall lawsuit in Florida?
In Florida, the statute of limitations for filing a slip and fall lawsuit is two years from the date of the accident. However, it's important to consult with a personal injury attorney as soon as possible to ensure all necessary steps are taken to preserve your rights and build a strong case.
Can I file a slip and fall claim against a government entity in Florida?
Yes, you can file a slip and fall claim against a government entity in Florida, but there are special rules and limitations. You must file a notice of claim with the appropriate government agency within a specific timeframe, usually within six months, and the damages you can recover may be capped. Consulting with an experienced attorney is crucial when pursuing a claim against a government entity.
Wrongful Death
In the heartbreaking event of a wrongful death, our compassionate team will fight tirelessly to secure justice for your loved one. Here are five FAQ questions and answers focusing on wrongful death cases:
What qualifies as a wrongful death case in Florida?
A wrongful death case in Florida arises when a person dies due to the negligent, reckless, or intentional actions of another party. This can result from a variety of situations, including car accidents, medical malpractice, defective products, or workplace accidents. The deceased person's surviving family members or their estate may be eligible to file a wrongful death lawsuit to seek compensation.
Who can file a wrongful death lawsuit in Florida?
In Florida, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. The personal representative files the lawsuit on behalf of the deceased person's surviving family members, which can include a spouse, children, parents, and other dependents who relied on the deceased for support.
What types of damages can be recovered in a Florida wrongful death case?
Damages in a Florida wrongful death case can include compensation for funeral and burial expenses, medical expenses related to the deceased's final injury or illness, loss of the deceased’s income and benefits, loss of companionship and protection, mental pain and suffering, and loss of parental guidance for children. The specific damages depend on the circumstances of the case and the relationship between the surviving family members and the deceased.
How long do I have to file a wrongful death lawsuit in Florida?
In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person's death. However, there are certain exceptions that can shorten or extend this timeframe, so it’s important to consult with an experienced wrongful death attorney as soon as possible to protect your rights.
What is the difference between a wrongful death claim and a criminal case involving the death?
A wrongful death claim is a civil lawsuit filed by the surviving family members or the estate of the deceased, seeking monetary compensation for their losses. A criminal case, on the other hand, is brought by the state to punish the responsible party for violating the law. A criminal conviction can result in penalties such as imprisonment, but it does not provide compensation to the deceased’s family. However, it’s possible to pursue both a criminal case and a wrongful death lawsuit simultaneously or consecutively.
Why Choose Vassallo, Bilotta, & Davis?
Expert Legal Knowledge: Our attorneys bring a wealth of experience and in-depth knowledge of personal injury law. Client-Focused Approach: We prioritize your needs and well-being, offering personalized legal strategies.
No Win, No Fee Promise: Our commitment is to your success - you don't pay unless we win your case.
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2001 Palm Beach Lakes Blvd, Suite 204
West Palm Beach, FL 33409
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