Frequently Asked Questions - Personal Injury

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General

What sets Zervos & Calta, PLLC apart from most other personal injury or car accident lawyers?

The partners at Zervos & Calta, PLLC have over two decades of courtroom and litigation experience, whereas the majority of personal injury attorneys do not want to or know how to take a case to trial. Because Zervos & Calta, PLLC have tried cases against most insurance companies over the past 20 years, they may obtain higher settlements than those attorneys who never fight in court.

How much does a consultation at Zervos & Calta, PLLC cost?

There is absolutely no charge to meet with the attorneys at Zervos & Calta, PLLC.

I don’t want to go to court; can Zervos & Calta, PLLC still help me?

The majority of cases settle without ever having to file a lawsuit. At Zervos & Calta, PLLC, we always first try to settle our client’s case without having to file a lawsuit. If, however, the insurance company does not treat our clients fairly, we will go to court and fight on behalf of our clients.

What is personal injury?

Personal injury can be defined as having suffered an injury to your body.

Do I really need to hire an attorney?

Although this is a personal decision, if you do not hire an attorney you may not know your legal rights or certain rules/requirements that must be followed to protect your claim. It is always wise to at least consult with an attorney.

How long will my case take?

The value of an injury case depends on several different variables. Some variables are: how bad was the accident; whether there was surgery or surgery was recommended; prior medical history; prior accident history; amount of lost income, if any, etc.

What if I can’t afford a lawyer?

The lawyers at Zervos & Calta, PLLC only get paid if they obtain a settlement or courtroom verdict. This is called a “contingency fee”. The fees are typically 33.3% if a case settles, or 40% if the case has to be litigated.

The insurance company said I don’t need an attorney. Is that true?

Most insurance companies will say this to persuade you not to hire an attorney, in hopes that they can settle with you for far less than they will have to pay your attorney.

How exactly can an attorney help me?

If you have been injured as a result of someone else’s negligence, an attorney can make sure that all evidence is properly secured, that your injuries are properly addressed, and that you ultimately receive fair compensation for your injuries.

How soon should I seek medical attention after being injured in a car accident?

You should seek medical attention sooner, rather than later. If you don’t seek care or treatment within the first fourteen (14) days following your accident, you could lose valuable medical insurance coverage.

How soon after a car accident should I contact an attorney?

After you seek medical attention for your injuries, you should then contact an attorney.

What if I’m not sure who caused my accident?

You should consult with an attorney on this issue, who can help determine who is/may be at fault, based on Florida’s laws. You should also not speak with any insurance adjusters until you have retained, or at least, consulted with an attorney.

How long after my car accident do I have to file a personal injury claim in the state of Florida?

If you have been injured as a result of a car accident, Florida law provides you have four (4) years from the date of the accident to pursue a claim for injuries.

Will my medical bills be paid even though I was the at-fault driver?

Yes, your bills should be paid by your own automobile insurance policy under the coverage titled “Personal Injury Protection.”

I’m injured from a car accident but my medical records indicate I have suffered prior injuries. Will this affect anything?

The fact that you have sustained prior injuries does not mean that you do not have a valid claim for injuries from your most recent accident. Florida law allows for compensation for aggravation of a preexisting condition.

What do I do if the person that caused the accident does not have insurance?

You should check your own insurance policy to see if you have comprehensive, collision, and Uninsured Motorist coverage. You should also speak to an attorney.

What is negligence?

Negligence occurs when someone’s conduct falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. More simply stated, a person has acted negligently if he or she has departed or strayed from the conduct expected of a reasonably prudent person acting under similar circumstances.

How is the value of my claim determined?

The value of your claim is based upon a variety of factors including liability, damages and causation. In evaluating a claim, it first has to be proven that the other party was at fault for the accident. The extent of injury is an equally important factor and includes the amount of past and future medical bills, the amount of past and future lost wages, and the impact the injuries have had on your life. Lastly, it must be proven that your injury was caused by the other party’s negligence.

Do I still have a claim if my health insurance paid my medical bills?

Whether or not your health insurance has paid your medical bills for treatment of injuries sustained in an accident does not have any bearing on whether or not you have a viable claim for injuries. Assuming that your injuries were caused by someone else’s negligent behavior, you have a valid claim. If your health insurance made payments however, your insurance company may be entitled to be paid back out of any settlement or verdict.

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