tampa personal injury attorney
Hancock Injury Attorneys Most Popular FAQS
Personal Injury
Can I Sue Someone From Out of State for a Tampa Injury?
If you get injured by another driver, Florida law allows you to sue them for your injuries. In most cases, the at-fault driver and the injured person are citizens of the same state, so there are no problems with jurisdiction.
However, the Tampa area gets a lot of tourists, business people, and visitors from out of state. When this happens, people wonder how it will affect their claim for compensation.
Jurisdiction of the Court
In Florida, the law gives the circuit courts the authority to hear personal injury cases and other civil suits. But the law also requires that the court have jurisdiction over the person. When someone lives in that state, the law has jurisdiction over them by way of their state residency. However, if someone doesn’t live in Florida, then the state only has jurisdiction based on the contacts the person has with the state.
Dealings with the State of Florida
If someone has never set foot in Florida, has never done business with anyone in Florida and has no other connection to Florida, then the law doesn’t give Florida’s courts jurisdiction over that person. However, it’s also unlikely that that particular person would be sued for a personal injury in Florida if they never set foot in the state.
If the person drove in the state and got into an accident, Florida law—like all other states—gives the state the jurisdiction over that person because they drove in the state and their driving caused an accident.
This is called sufficient minimum contact with the state and by law allows residents in Florida to sue someone from out of state for injuries allegedly caused in an accident.
Contact a Tampa Personal Injury Lawyer
Our phones are answered 24 hours a day, seven days a week. We will answer your questions, make recommendations and provide you with a free, confidential evaluation of your injury claim, all without obligation to use our legal services.
What is the Process For Handling a Tampa Personal Injury Case?
What is the Statute of Limitations in Florida for Accident Claims?
Generally, the statute of limitations in Florida for a personal injury case is 2 years from the date of the negligence or accident which caused the injury. This means that your lawsuit against the person or business must be filed in the correct court within 2 years of the accident, or else your case may be forever barred. This is a difficult area of the law, so please consult with an accident attorney regarding the specific facts of your case.
How Much Money Will I Get for my Car Accident Case?
This is one of the most difficult questions to answer. Every case truly is different. Ultimately, it is a jury that determines the value of your car accident case. But from our over 20 years of experience, we can advise you on a general range of a settlement value of your case, based on many factors which include, among other things, the following:
- how the accident happened;
- the extent of damage to the vehicles involved;
- the type and extent of your injuries and medical treatment, including surgeries;
- whether you sustained permanent injuries, fractures or significant scarring;
- your past medical history;
- the amount of your past medical bills;
- the expected amount of your future medical bills;
- the lost wages you have incurred;
- the future loss of your earning capacity;
- your age at the time of the accident and your remaining work years;
- other reasonable costs you have incurred caused by your injuries, such as the need to hire household help, child care services, etc.;
- insurance coverage available; and
- if married at the time of the accident, your spouse may have an additional claim for loss of consortium
What Should I Do After a Car Crash?
You should report the accident immediately to the police if you have not already done so. Any and all witnesses to the accident need to be identified by name, address and telephone number. Take photographs or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your vehicle can be invaluable in assisting us in maximizing your recovery. If you require medical treatment, be clear and accurate in what you say about how the accident happened. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had.
You have a duty in Florida to be cooperative with your own insurance company. You have no such duty to cooperate or give a recorded statement to the insurance company of the driver who caused the accident. If you have lacerations, burns or bruising, take photographs of your injuries. The pictures need to reflect the injury and any bandages or braces that may are placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed. Gather all automobile insurance policies in your household for evaluation by an experienced Attorney. They will determine the full extent of insurance available to you.
What is Personal Injury Protection (PIP)?
Personal Injury Protection (PIP) is also known as “no-fault” insurance. PIP insurance covers you and relatives residing in your household for injuries sustained in an automobile accident. This is regardless of who is at fault. This coverage pays 80% of reasonable and necessary medical bills, 60% of lost wages, and 100% of household services, up to a limit of $10,000. Florida law requires every owner of a motor vehicle registered in Florida to carry PIP to protect themselves in the event of injuries sustained in an automobile accident. For injuries sustained in an automobile accident, PIP coverage is primary over any health insurance.
How Much Does a Tampa Personal Injury Attorney Cost?
The personal injury attorneys at Hancock Injury Attorneys take cases on a contingency fee contract approved by The Florida Supreme Court. This means that our clients do not pay at the beginning of the case – payment to us is contingent on us recovering money for you. At the end of the case, either when your case is settled prior to trial or after a jury verdict, you pay a percentage of the money you receive, in addition to court costs advanced by us. If there is no money recovered for you, you do not pay attorney’s fees or costs.
The percentage of attorney’s fees depends on at what point your recovery occurs. Our contingency fee contract provides for 33 1/3% of the recovery prior to the filing of the lawsuit, what is referred to as “pre-suit” or “pre-litigation,” up through the time that an answer to the lawsuit is filed by the defendant, in addition to the recovery of court costs advanced by the firm. If the case has not settled prior to this point, then the percentage increases to 40% of the recovery, through the end of trial, in addition to the recovery of court costs advanced.
Examples of court costs which our firm advances on your behalf include the following: court filing fees (filing fees are required by a court before it will accept legal papers); expert fees (experts and consultants charge for their time in evaluating cases and testifying in court and depositions, sometimes thousands of dollars); fees to obtain medical records; postage; deposition costs (certified court reporters charge for taking down testimony at depositions and providing written transcripts of testimony), etc. We are proud of our firm philosophy to keep your advanced costs down to a minimum, so as to maximize your recovery. We will not “nickel-and-dime” you with such charges as long-distance telephone costs, costs for sending a fax or a “file set-up fee,” for which some firm charge hundreds of dollars.
What is “Loss of Consortium” in a Personal Injury Case?
What Does “MMI” Mean In a Personal Injury Claim?
How Long Does a Personal Injury Claim Take?
What Will I Recover in a Personal Injury Case?
Car Accident
The driver who caused the car accident doesn’t have Bodily Injury (BI) liability insurance coverage. Can I still sue them?
There is no requirement in Florida that a registered owner of an automobile carry bodily injury liability coverage. Your chances of recovering a substantial settlement against an uninsured driver are slim, unless that person has substantial assets to pay any judgment rendered against him. Uninsured Motorist (UM) insurance coverage, if you carry it on your own automobile, will be available to you in the event that you sustain a serious injury caused by an uninsured or under-insured driver.
What does maximum medical improvement (MMI) mean and how does it relate to my car accident case?
MMI means Maximum Medical Improvement. Simply stated, it is a term used by your treating doctors to describe that your injuries and physical condition has improved as much as they ever will. Or, in other words, you are as healthy and healed as possible for your condition.
Why do we have to use my insurance company if I did nothing wrong to cause this accident?
This is because Florida is a “no fault” insurance state. According to Florida law, even when you are in a car accident that someone else caused, 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 individual who caused the accident and their insurance company is responsible for paying your medical bills. They are responsible for any lost wages that exceed your PIP policy. And they are responsible for pain and suffering if you have sustained a permanent injury.
What is the Statute of Limitations in Florida for suing the driver who caused my car crash?
The statute of limitations in Florida for a typical car crash caused by the negligence of a driver is 4 years from the date of the accident. This means that your lawsuit against the other driver or vehicle owner must be filed in the correct court within 4 years of the accident, or else your case may be forever barred. This is a difficult area of the law, so please consult with an accident Attorney regarding the specific facts of your case.
Who Is Responsible For Paying For Damages From My Car Accident?
Sometimes in Florida the at-fault party will only have the bare minimum Florida no fault or pip insurance and property damage coverage, but you won’t know that at the time. The only time that you’re going to know that person is totally uninsured is if the officer marks that the person was given a ticket because they didn’t show proof of insurance.
If that happens my clients come and say, “who’s going to fix my car and pay my medical bills?” At a very minimum your own no-fault pip. Your own no-fault pip is a ten-thousand-dollar policy of insurance and it pays for eighty percent of your medical bills and sixty percent of your lost wages and actually a hundred percent of your replacement household services so if you break your leg in an accident and you can’t mow your yard for a month or two the doctor writes a report or a letter and your policy would pay for you to have that replacement service.
What should I do after a car crash?
You should report the accident immediately to the police if you have not already done so. Any and all witnesses to the accident need to be identified by name, address and telephone number. Take photographs or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your vehicle can be invaluable in assisting us in maximizing your recovery. If you require medical treatment, be clear and accurate in what you say about how the accident happened. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had.
You have a duty in Florida to be cooperative with your own insurance company. You have no such duty to cooperate or give a recorded statement to the insurance company of the driver who caused the accident. If you have suffered lacerations, burns or bruising, take photographs of your injuries, reflecting the injury and any bandages or braces that may have been placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed. Gather all automobile insurance policies in your household for evaluation by an experienced Attorney. They will determine the full extent of insurance available to you.
Bicycle & Pedestrian
I Was Walking Across The Intersection, But Not In The Crosswalk, When A Car Ran The Stop Sign And Hit Me. I Have Unpaid Medical Bills And Lost Two Weeks Of Pay. Can I Still Make A Claim Against The Driver?
Yes, you can still make a claim against the driver for negligence; however, because Florida is a “comparative fault” state, the jury may apportion a share of the fault for your damages to you, thereby reducing your recovery by the amount of your comparative fault. For example, let’s say a jury awards you $10,000.00 in damages, including past medical bills, future medical bills, past wage loss and pain and suffering. However, because the jury also finds that you were 25% at fault for causing your own damages – because you did not use the crosswalk – the judgment entered in your favor is only $7,500.00 ($10,000.00 less your 25% comparative fault).
I Was Hit By A Car While Riding My Bicycle. The Car Driver Was Issued A Ticket For Causing This Accident. Who Pays My Medical Bills?
Because Florida is a no-fault state, we look to our own Personal Injury Protection (PIP) auto insurance first. If you own an insured vehicle, even if you are injured riding a bicycle or walking as a pedestrian, and regardless of fault, when you are injured by a motor vehicle, your PIP auto insurance is your primary insurance for your medical care. PIP also covers wage loss. If you have Medical Payments coverage on your auto policy, this will also be available to you. Over and above your own PIP auto insurance coverage, you can also make a claim against the at-fault party’s bodily liability auto insurance coverage for their negligence. If the at-fault party does not carry bodily liability auto insurance, and you carry uninsured motorist coverage, then you have your uninsured motorist coverage benefits available to you, also.
If you do not have your own insured vehicle, you can make a claim against the at-fault party’s bodily liability auto insurance coverage for your damages.
Diminished Value
What Types of Diminished Value Cases do we Take?
We can represent you on your claim for diminished value even without any structural damage, or the damage can be significant. We like to take cases in which the diminished value is at least ten thousand dollars.
Did my Car Actually Sustain a Diminished Value?
Whether you have sustained a diminished value to your vehicle as a result of the accident really depends on a few factors. First we take into account what type of vehicle it is, we take into account how old the vehicle is, we take into account the amount of damage and for the typical car the experts really have to find that there has been structural damage to your car. If it’s just cosmetic damage and we’re talking about a car that has a retail value of twenty to forty thousand dollars, there’s not going to be any diminished value claim. If the car however is a high-end luxury model or high-end sport car or collectors car, those cars are of such nature that even without structural damage they can sustain a diminished value as a result of an accident even after being perfectly fixed.
What is the Statute of Limitations on a Diminished Value Case?
The statute of limitations in a diminished value case is four years from the date of the accident. This is because the underlying cause of damage to the vehicle is negligence against the other party. All negligence cases have a statute of limitations of at least four years.
What is the Statute of Limitations in Florida for suing the driver who caused my car crash?
The statute of limitations in Florida for a typical car crash caused by the negligence of a driver is 4 years from the date of the accident. This means that your lawsuit against the other driver or vehicle owner must be filed in the correct court within 4 years of the accident, or else your case may be forever barred. This is a difficult area of the law, so please consult with an accident Attorney regarding the specific facts of your case.
Why do I Need an Attorney to Handle my Diminished Value Case?
Although there have been many Florida appellate and Supreme Court cases recognizing the right to recover diminished value for your vehicle, insurance companies will not offer that information to you. In fact it has been my experience with my clients that when they present the diminished value claims themselves to the insurance companies, the insurance adjuster typically asks the following question, “well sir was your car properly repaired and if so there’s no diminished value.” Which, is just a complete misstatement of the law.
Without actually hiring an attorney to represent you, you have no actual leverage to deal with the insurance adjuster or the insurance company. By retaining an attorney to represent you in your diminished value claim you go from a position of having no leverage to a position of strength and the reason that is is because we have the ability to file a lawsuit if necessary and push this to trial.
What is Diminished Value?
The concept of diminished value is fairly simple the law recognizes that even if your vehicle has been properly repaired it still has a diminished value as a result of being involved in a crash. As an example, if you were in the market to buy a Porsche and you were told that Porsche had been involved in an accident, would you be willing to pay the same price for that car as a same vehicle sitting next to it that had never been involved in an accident? That’s the concept of diminished value claims.
Dog Bites
What if a neighborhood dog hasn’t yet caused injury to me or my family, but the dog’s owner lets the dog run free in our neighborhood? I’m afraid to let my children play in our front yard? What can I do?
Contact your county’s animal control services. It is an ordinance in Hillsborough County, Florida that, excluding public right-of-way on an owner’s private property, no dog shall be allowed to stray or run at large upon any public property or street, sidewalk, park, or on the private property of another without the consent of the property owner. This means that dog owners who let their dogs run out in the neighborhood without being restrained on a leash are violating an animal county ordinance. The intention of this ordinance is to protect the private property rights and safety of our citizens who do not want dogs loose on their property.
Report the dog owner who is in violation of this ordinance to your county’s animal control department. Even if you don’t know the name of the dog owner, as long as you can report the physical address of the dog owner, that is sufficient for making a report. It is the statutory duty of the Hillsborough County Animal Services to investigate your reports of animals creating a nuisance. This is to insure the public’s health and safety. Hillsborough County Animal Services website is www.hillsboroughcounty.org/animalservices.
What damages can be sued for in the case of a dog bite injury and who is held responsible for compensating me for my damages?
In Florida, the owner of any dog that bites or attacks any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. Further, owners of dogs are liable for “any damage done by their dogs to a person”. The damage does not have to be caused by a dog bite or dog attack. In certain cases, the person that was taking care of the dog at the time of the dog attack will be held accountable for the damages. In certain limited circumstances, a landlord may be held liable for the damages caused by his tenant’s dog.
If a dog bite or dog attack caused you to be injured, you may have the right to recover the following damages: past and future medical expenses, past and future lost wages, pain and suffering, mental anguish; disability or physical impairment, disfigurement, and your loss of capacity for the enjoyment of life.
Insurance Disputes
How much does a lawyer cost?
The accident attorneys at Hancock Injury Attorneys take cases on a contingency fee contract approved by The Florida Supreme Court. This means that our clients do not pay at the beginning of the case – payment to us is contingent on us recovering money for you. At the end of the case, either when your case is settled prior to trial or after a jury verdict, you pay a percentage of the money you receive, in addition to court costs advanced by us. If there is no money recovered for you, you do not pay attorney’s fees or costs.
The percentage of attorney’s fees depends on at what point your recovery occurs. Our contingency fee contract provides for 33 1/3% of the recovery prior to the filing of the lawsuit, what is referred to as “pre-suit” or “pre-litigation,” up through the time that an answer to the lawsuit is filed by the defendant, in addition to the recovery of court costs advanced by the firm. If the case has not settled prior to this point, then the percentage increases to 40% of the recovery, through the end of trial, in addition to the recovery of court costs advanced.
Examples of court costs which our firm advances on your behalf include the following: court filing fees (filing fees are required by a court before it will accept legal papers); expert fees (experts and consultants charge for their time in evaluating cases and testifying in court and depositions, sometimes thousands of dollars); fees to obtain medical records; postage; deposition costs (certified court reporters charge for taking down testimony at depositions and providing written transcripts of testimony), etc. We are proud of our firm philosophy to keep your advanced costs down to a minimum, so as to maximize your recovery. We will not “nickel-and-dime” you with such charges as long-distance telephone costs, costs for sending a fax or a “file set-up fee,” for which some firm charge hundreds of dollars.
If I think that an insurance adjuster is acting in bad faith, what can I do?
Document, document, document! Create a file folder for your insurance claim – you will have a lot of documents and notes by the time the claim is completed, so it is important to stay organized and have a place to put things. Such evidence might also be necessary to prove your case in court. Whenever you are speaking on the phone with any adjuster, write down his/her name, address, phone number, date of the conversation and generally what you are told. Follow up your phone conversation with a letter, e-mail message or fax to the adjuster setting out your understanding of the phone conversation. Keep a copy for yourself. If you feel it is very important, consider sending your letter by registered mail, return receipt requested. If documents are requested from you, make sure you keep your originals, send only a copy, and include a dated cover letter to the adjuster setting out a list of those documents or things that you are providing. Of course keep a copy of this cover letter also. Adjusters create a claim file, you should also do the same for yourself.
Why won’t the insurance adjuster just pay me? Why is making an insurance claim so difficult?
No matter how sympathetic they may seem, adjusters who work for insurance companies have only one goal in mind when they offer to settle your case. It is their job to settle your insurance claim with paying you the least amount of money possible. Insurance companies are businesses. The goal of insurance companies is to take your premiums/money in – not to pay claims/money out. Also, by delaying claims or otherwise creating an insurance claim dispute, insurance companies are able to hold on to money a little longer – money that is invested somewhere earning them money.
Jet Skis And Boating
How much money am I entitled to for my jet ski accident case?
This is one of the most difficult questions to answer. Every case truly is different. Ultimately, it is a jury that determines the value of your case. But from our over 29 years of experience, we can advise you on a general range of a settlement value of your case, based on many factors which include, among other things, the following:
- how the accident happened
- the type and extent of your injuries and medical treatment, including surgeries
- whether you sustained permanent injuries, fractures or significant scarring
- your past medical history
- the amount of your past medical bills, or the expected amount of your future medical bills
- the lost wages you have incurred, or the future loss of your earning capacity
- your age at the time of the accident and your remaining work years
- other reasonable costs you have incurred caused by your injuries. Such as the need to hire household help, child care services, etc.
- insurance coverage available
- if married at the time of the accident, your spouse may have an additional claim for loss of consortium
What is the Statute of Limitations in Florida for suing the reckless driver of the boat?
Generally, the statute of limitations in Florida for a boating accident is 4 years from the date of the incident. This means that your lawsuit against the driver and/or owner of boat must be filed in the correct court within 4 years of the incident, or else your case may be forever barred. This is a difficult area of the law. Please consult with an accident attorney regarding the specific facts of your case.
My daughter was injured when she was passenger riding behind my neighbor’s daughter when they were on my neighbor’s jet ski. The daughter collided with a dock. My neighbor says that since he wasn’t driving the jet ski at the time, that he is not responsible. Who pays my daughter’s medical bills??
We will look to the neighbor’s homeowner’s insurance policy to make a claim for the daughter’s negligence. Not only may the neighbor’s daughter be held to be negligent in the operation of the jet ski, but also the neighbor as the owner of the jet ski can be held vicariously liable for the driver’s negligence. In Florida, jet skis are considered “dangerous instrumentalities,” just as regular automobiles. Thus, the neighbor, who in this case would be considered the owner, can be held liable for your daughter’s injuries, as well as the driving daughter. We will obtain a copy of the homeowner’s policy to make sure there is no specific exclusion as to the jet ski.
Slip And Fall
What money am I entitled to recover in my slip and fall premises liability case?
If the negligent acts of another caused you to be injured, you have the right to recover the following damages:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Mental anguish
- Disability or physical impairment
- Disfigurement
- Loss of capacity for the enjoyment of life
A slip and fall accident lawyer like Mike Hancock can make sure you do actually recover what you are entitled to.
What is a “slip and fall” accident?
A slip and fall accident occurs when a person falls due to a slipperiness of the surface of the floor. However, the phrase has sometimes been used more generically to include just about any fall that occurs on someone else’s premises. In a broader context, it would include a “trip and fall” or a misstep and fall caused by a change in surface elevation, and many other dangerous conditions.
Truck Accident
How much money will I get for my truck accident case?
This is one of the most difficult questions to answer. Every case truly is different. Ultimately, it is a jury that determines the value of your case. But from our Tampa personal injury law firm’s over 20 years of experience, we can advise you on a general range of a settlement value of your case, based on many factors which include, among other things, the following:
- how the accident happened
- the extent of damage to the vehicles involved
- the type and extent of your injuries and medical treatment, including surgeries
- whether you sustained permanent injuries, fractures or significant scarring
- your past medical history
- the amount of your past medical bills
- the expected amount of your future medical bills
- the lost wages you have incurred
- the future loss of your earning capacity
- your age at the time of the accident and your remaining work years
- other reasonable costs you have incurred caused by your injuries, such as the need to hire household help, child care services, etc.
- insurance coverage available
- if married at the time of the accident, your spouse may have an additional claim for loss of consortium
Why are expert witnesses particularly important in truck accident cases?
This is another way in which truck accidents are different than other motor vehicle cases. Expert witnesses with specific qualifications are needed due to, among other things, the many interstate and intrastate commerce regulations. For example, experts that can testify as to the medical impact of fatigue and sleep apnea on driving; safety experts that can testify as to such things as log books, pre and post trip inspections, and proper maintenance practices; and trucking industry experts that can testify as to such things as leased drivers, industry hiring and training practices and the supervision of professional drivers.
I was injured when my car was rear-ended by a tractor-trailer. Who pays my medical bills?
Any person or entity that was at fault for causing the truck accident can be sued to recover your damages. This includes the following: the truck driver, the employer of the driver, the owner of the tractor, the owner of the trailer, the company identified/advertised on the trailer, and the owner of the goods being shipped.
Wrongful Death
Who should start the investigation of a potential Wrongful Death claim?
Any person who believes that he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death would have the right to consider starting the investigation of a potential claim. Sometimes the most logical person to investigate or start a claim (such as a widow) is not willing or able to look into the matter. In such a situation, any survivor or beneficiary may petition the court to name them as the personal representative of the estate of the deceased if an estate is not opened already.
What if the person at fault for the death also dies in the accident? Is there still a case?
Generally, yes. Section 768.20, Florida Statutes provides that the wrongdoer’s Personal Representative shall become the Defendant if the wrongdoer dies. In other words, if the person at fault dies, your wrongful death case continues against the Personal Representative of the estate of the wrongdoer.
Which surviving family members have the right or responsibility to make a claim for wrongful death in Florida?
Section 768.18, Florida Statutes, defines “survivors” as the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes a child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support. Minor children are children under 25 years of age.
What are the damages that can be recovered in a claim for wrongful death?
Section 768.21, Florida Statutes, provides for certain surviving family members to receive compensation for loss of the deceased’s economic support and emotional companionship, mental pain and suffering, medical expenses and funeral costs. Minor children may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. Each parent of a deceased minor child may also recover for mental pain and suffering.