Frequently Asked Questions - Why A Personal Injury Attorney May Not Take Your Case?
Every automobile accident case is unique. Trial Pro, P.A. will assess your case and will determine the proper course of action. We understand how difficult and frustrating an automobile accident can be, but we will fight the insurance companies and we will work hard to get you compensated for your injuries. A Personal Injury Attorney may not take your case for several reasons.
- No Insurance such as No BI and No UM- Bodily Injury (BI) coverage and Uninsured/Underinsured Motorist (UM) coverage are not required in the State of Florida.
Bodily Injury coverage is not required in the State of Florida to legally operate a vehicle. It is important to know that Florida has a Florida Financial Responsibility Law which requires that a person, who is at fault for an accident, must provide financial coverage. In Florida, the minimum coverage for bodily injury is $10,000 per person and $20,000 per accident. This means that, if you cause an accident that results in the other person being injured, you must have either Bodily Injury Insurance or post a bond for the required amount of coverage. If this responsibility is not met, you might be financially unable to pay for any damages that you are responsible for. You can also lose your driving privilege and be required to make financial arrangements to pay for any judgment against you before you can get your driver’s license reinstated.
Uninsured/Underinsured Motorist coverage will protect you in the event the other driver does not have liability coverage. Uninsured/Underinsured Motorist replaces the liability coverage that the other driver should have had, providing you coverage for all your costs, up to policy limits. Meaning that if the other driver does not have liability coverage, the underinsured policy coverage will cover what the at-fault driver’s insurance would have paid, up to policy limits. Uninsured/Underinsured Motorist bodily injury coverage will pay for medical expenses and pain and suffering. If you are involved in a hit-and-run, you are covered as well.
- Difficulty establishing liability- Liability is very important when considering your case. If liability is not cleared or the insurance company has determined that you are liable for the accident, it is very likely that the attorney will not be able to obtain a settlement in your case.
Comparative negligence could be used in some states. This will allow you to seek compensation even if you are partially at fault. The State of Florida uses comparative negligence, and you can seek compensation for damages in proportion to your degree of responsibility. Also, the police report plays an important role in determining who is at fault for the accident and helps the insurer figure out who had the most responsibility. Insurance companies use the police report to get a clear picture of who caused the accident.
- Poor treatment- Following up with a health care provider after you have been involved in a motor vehicle accident is your best option if you feel pain or discomfort. A health care provider will be in the best position to determine if you suffered a serious injury. It is crucial to document the fact that you sought medical treatment within a reasonable amount of time as the insurance company adjuster will argue that you waited too long to see a doctor and therefore deny the claim arguing that you could have not been that injured. Lack of treatment plays an important role in your claim. If you are unable to prove damage, the insurance company will not make an offer on your case. If you do not treat, it will be nearly impossible to recover compensation for injuries as the attorney cannot prove that you sought medical treatment by a healthcare provider.
Everyone has the right to receive fair compensation for medical costs, pain and suffering, and any related expenses when they are injured in a motor vehicle accident and most injury claims are made to the at-fault drivers’ insurance. You may be entitled to fair compensation if you are injured in an automobile accident and it’s not your fault.
- Conflict of interest- An adverse interest can create a conflict of interest and lawyers have an ethical duty not to represent those clients. Attorneys have strict guidelines that they must follow and if they violate those guidelines, they can be barred from practicing law and take the risk of losing their professional license. Attorneys are not allowed to represent two clients where their loyalties may be divided. Attorneys are supposed to represent their clients with honesty, diligently, loyalty and to the utmost of their abilities.
There are several conflicts in automobile accident cases that involve the driver and the passenger. For example, a conflict of interest can arise if the attorney is representing the host driver and the guest passenger for the same accident. The passenger could have a negligence claim against the host driver and there also could be limited funds for both claimants, as such, creating a conflict of interest as both the driver and the passenger will be fighting for the limited funds. Also, an attorney can not represent opposing parties in a lawsuit. Attorneys are not allowed to represent the plaintiff and the defendant in the same lawsuit.
- Statute of Limitation- An attorney might reject a case due to the Statute of Limitation. Even if the client had a very good cause, the statute of limitations bars the client from proceeding with the case. All personal injury cases have a four years statute in the State of Florida following the date of the accident, meaning that if you wait at least one day after the four-year deadline, you can no longer present a lawsuit against the tortfeasor. A statute of limitations sets a time limit to bring a lawsuit against the at-fault driver’s insurance company in court. If the plaintiff misses the statute of limitations deadline their case will be most likely dismissed by the court.