Automobile Accidents Common Questions:
I was recently injured in a car accident. Do I need a lawyer?
KPH: That generally depends on the seriousness of your injury. Florida is a “No-Fault” law state. This means that unless you have a permanent injury as a result of the accident, you cannot bring a lawsuit for pain and suffering or other intangible types of damages.
How do I know if my injury is “permanent?”
KPH: If you underwent surgery as a result of the injuries suffered in the accident, you probably have a permanent injury. If you broke a bone (other than your ribs) there may be a 
permanent effect from that fracture. In these situations, you should seek legal representation immediately.
What if the injury is not so obvious?
KPH: If you have strained muscles or recurring neck or back pain, you should seek qualified medical attention from either a physician or chiropractor. At the conclusion of your treatment, as them if your injury is permanent. If they say yes, you have the testimony you need to get that issue to a jury.
Who pays for my medical bills and lost wages when I am in an accident?
KPH: Initially, your insurance will pay these bills under the Personal Injury Protection coverage on your policy. These benefits pay 80% of your medical bills and 60% of your lost wages up to $10,000.
I recently purchased my car and financed most of it. The car was totaled in an accident and the insurance company says the car is not worth what I owe. Can this be true?
KPH: Yes. When the insurance company totals your car, they are only responsible to pay the fair market value of the vehicle at the time of the crash. If you financed most of the car, it is not unusual for you to owe more money than the car is actually worth. In these situations, you are usually required to pay the lien holder the difference between the insurance settlement and the amount you owe. If you are concerned about this situation, when financing your vehicle as about GAP insurance.
How much insurance should I carry on my vehicle?
KPH: I strongly recommend the following minimal levels of coverage. If you need to purchase a less expensive car in order to afford these levels of coverage, I would do that rather than sacrifice the coverage:
- Liability Coverage $100,000
- Personal Injury Protection $ 10,000 (no deductible)
- Medical Payments $ 5,000
- Property Damage $ 50,000
- Uninsured Motorist $100,000 (stacked)
If you have a net worth greater than $100,000, I would recommend liability and uninsured motorist limits equal to your net worth.
How long do I have to bring an auto crash claim?
KPH: The statute of limitations is four years from the date of the crash.
The insurance company for the driver who caused the crash is requesting a recorded statement. Should I give them one?
KPH: If you suffered serious injuries, I would suggest hiring an attorney, and allowing your attorney to make that decision based on the facts of the case. If your had no injuries, or only minor injuries that is a decision you can make on your own. If you do give a statement, make sure you receive a copy of the statement. You have no legal obligation to give a statement but it will often facilitate resolving the claim.
Do I have to pay you anything before my case is settled or goes to trial?
KPH: No. My office advances all costs.
If you are unable to obtain a settlement or trial verdict for me, what do I owe you?
KPH: Nothing. If we fail to obtain money for you, we receive nothing in attorney’s fees or costs.