1. Always Tell the Truth
   Usually the only way a client can really hurt his or her case is by failing to be accurate or truthful, especially under oath.
2. Be sure to advise your attorney of any potential problems in your case.
3. DO NOT speak to anyone except our staff about your case: Always ask for identification so you are sure to whom you are speaking. Do not speak with any unknown person, unknown doctor, or unknown insurance agent without first notifying our office.
4. Doctor Visits:
   Attend each of your doctor appointments, as necessary, so you can properly establish a claim for personal injuries. You also must inform your doctor of all your complaints during each appointment. During your appointments:
5. Never overstate or understate your ailments to your doctor. Accuracy is very important. Without your input, the doctor cannot make a proper diagnosis.
6. Be especially aware of lingering problems such as numbness in your fingers or toes, pins and needles in any part of your body, jaw clicking and grinding, and any pain that travels from your neck and shoulders down your arm(s) or from your lower back down your buttocks and hips into your legs.
7. Unless it is an emergency, DO NOT SEE ANY DOCTOR WITHOUT FIRST CHECKING WITH OUR OFFICE. This includes any referral doctors from your main treating doctor, even if the main treating doctor was approved by our office! If you have a medical malpractice claim, do not talk with your treating doctor about the medical malpractice case. Doctors generally help other doctors; there is an unspoken agreement among doctors who practice in the same community. This agreement is referred to as the "conspiracy of silence," and in many cases, it forces trial lawyers to retain medical experts from remote locations to gain a true review of the medical records. It is very rare for a doctor to testify against another doctor within the same geographic location.
8. Records:
   Please keep accurate and detailed records of the following:
   
   • Lost time and wages.
   • Hospital, doctor, drug and other medical bills.
   • Other losses directly resulting from your injury.
   • Your medical complaints and progress.
9. All Bills should be Paid by Check:
   The bills are essential to the successful conclusion of your case. Send all bills and records to our office. Keep a daily diary of your medical condition, financial situation, and the pain and suffering as a result of your injury. Use any convenient means to keep this diary. The tracking of your complaints and financial hardships is the important matter. It does not matter how your injury actually looks. Many clients use a daily calendar, a "Daytimer", or an actual diary to manage their records. While other clients prefer a simple spiral notebook to record the dates on the left, and their notes on the right. Other clients prepare a detailed log on their computers. It is your choice, but dont wait to start keeping this diary.
10. Beware of the DBPR:
    Each claim for medical malpractice is reviewed by the Department of Business and Professional Regulation (DBPR), the licensing agency of the State of Florida. The DBPR is required to investigate your case. Please do not give statements to the DBPR investigator without first notifying our office. We like to have one of our attorneys represent you in any actions in the administrative process. The DBPRs investigation will have no real impact on your case because the findings of the DBPR are not admissible in court. You are, however, required to cooperate with the DBPR investigation, and as a part of our service, we feel obligated to assist you in that regard.
11. Witnesses:
    Immediately furnish us with the correct names, addresses, and telephone numbers of all witnesses. This includes fellow workers, family members, doctors, employers, and friends. If a witness will be leaving the area permanently, please let us know immediately.
12. Evidence:
    Please give us any photographs pertaining to your case. If you are required to be in the hospital or are receiving any type of treatment (e.g., traction, physical therapy, surgery), please notify our office so we can have you photographed. If your injury requires a cast, traction, or other appliances, please save them for evidence in the trial. Save any physical evidence and discuss it with us.
13. Hospital and Doctor Bills:
    Please have your hospitalization insurance (e.g., workers' compensation, Blue Cross and Blue Shield) pay as much of your bills as possible. Doctors and hospitals are more cooperative when their bills are paid. You should not expect them to wait until your case is tried or settled to receive payment. You should, therefore, pay any balance as soon as possible. If there are bills, however, that you cannot pay, please bring this to our attention so we can try to assist you in making appropriate arrangements to avoid harassment by bill collectors.

    Please note: Attorneys are ethically prohibited from making personal loans to clients. As much as we may wish to help you financially while your case is pending, we cannot. Please do not ask us for a loan or for any monetary funds beyond those necessary to complete the investigation and litigation of your case. However, our office has cooperated with client instructions to provide business documentation to advance funding companies in extreme cases. The advance funding companies are selective in determining which cases are given an advance. Our office does not control or have a business interest in any funding group. In fact, we advise all clients not to use advance funding during the pendency of their cases, if possible.

14. Questions:
    We will be contacting you for depositions, answers to interrogatories, and trial preparation. If you have any specific questions regarding your case, please feel free to call, write, or schedule an office appointment. Please be patient and remember that many changes will be made to your file without your presence. For your own convenience, please do not come into the office expecting to see one of the attorneys or legal assistants without first making an appointment. On most occasions, meetings, appointments, and court appearances will prohibit the attorneys and paralegal staff in our office from seeing you without an appointment. When possible, put your questions or comments in a letter or e-mail. Written communications provide the most accurate record for your file.
15. Your Address:
    You must keep us advised of any changes in your address, telephone number, medical status, employment and/or any other important changes. Should you be leaving your home (taking a vacation, for example), please notify your attorneys office and give an address and phone number where you can be contacted.
16. Your Responsibilities:
    Carefully read all documents regarding your case and reread them as your case progresses, to be sure you understand your responsibilities.
17. Communicate with your Attorney:
    Your Attorney can represent you properly only if he or she maintains your complete confidence and cooperation. Communication problems, if not quickly solved, will interfere with your cooperation and eventually destroy your confidence in us. You have a right to be kept informed on the progress of your case and to participate in the important decisions regarding your case. You, however, should trust your attorneys ability to protect your best interests and be willing to follow our advice when it comes to decisions about tactics and strategy.
18. Remember that any good trial attorney is likely to be a busy trial attorney, and the better the lawyer is, the busier he or she is likely to be. You can help ensure that your case gets the proper, prompt, and careful attention it deserves by understanding that your attorneys commitments to other clients and other trials will frequently prevent him or her from personally responding to your needs or questions immediately.
19. Whenever possible, requests, questions, and information about your case should be sent to your attorney in writing. This will not only permit a response at the earliest time compatible with your attorneys schedule, but it will also guarantee that your communication reaches your attorney accurately and in a form that can be preserved in your file. Of course, there will be times when a letter is inappropriate or just not fast enough. Whenever an urgent situation arises, do not hesitate to call or to arrange a personal appointment. Describe why your communication is urgent, and someone from the law firm will respond as soon as possible.
20. To permit you to be completely honest in your communications with your attorney, the law gives you protection against any disclosure of those communications without your permission. Whatever you tell your attorney relating to your legal representation is a secret he or she is legally and ethically bound to protect. Therefore, you must be honest regarding all aspects of your case, including past treatment and prior accidents and injuries. The insurance industry keeps an index of every plaintiff paid in an injury case, no matter how slight.
21. The same privilege of confidentiality extends to the other members of your attorneys staff. The bond of secrecy, however, may be broken if you share information with anyone other than your attorney and his or her staff. This is another reason you should not talk to anyone about your case without first consulting your attorney.

A: Although it is difficult to know a claim's value at the beginning of a case, our team of experienced law professionals will complete a thorough investigation of the accident to determine how much your claim is worth. This process often takes several months to complete due to guidelines set by the American Medical Association that state that most injuries are not permanent until six months after they occur. However, we make every effort to achieve a full and fair settlement before we resort to filing a lawsuit in court.

At LaBovick & LaBovick, P.A., we do not operate a personal injury "mill". Instead, our attorneys rely on experience, professionalism, and state-of-the-art technology to handle each case in a way that employs only the highest quality standards. Rest assured that we will work tirelessly to help to ensure that you receive the settlement you deserve for your personal injury.

A: Any injured person can bring a suit for damages and personal injuries. However, the scenario must involve a defendant who has breached his or her duty to act in a safe and reasonable manner. Also, that unsafe behavior must be the cause of the injury.

To bring the case, the injured person must be a competent adult who is over the age of 18 or have a parent bring the action for them. A minor or an incompetent adult must have a suit brought by either his or her parents or a court-appointed guardian.

A: The truth is that anyone can sue anyone else, even if the potential plaintiff was 100 percent at fault. Many see this is a problem with our justice system. People who believe that our tort system needs to be reformed often point out this fact. But in truth, the jury system prohibits taking advantage of this system.

Florida is called a "comparative negligence" state, meaning that anyone can sue for his or her losses, even if he or she is at fault for the accident. This allows people to sue based on how much they are at fault and also how much they are damaged. There are many situations where it would be inequitable to prohibit a party from the recovery of its losses, even if that person is partially at fault. Therefore, because of the complexity under Florida's laws, we encourage you to always seek the opinion of an experienced injury attorney when you have suffered a significant loss.

A: Yes. Different lawyers will see a potential case differently. Some lawyers may not be familiar with the type of case you have, and some lawyers are not creative and simply don't understand all the aspects of a case. If a lawyer rejects your case, it is always a good idea to seek a second opinion.

A: Most personal injury cases do not need to go to trial. Many cases get settled quickly, without the need to file papers in the court system. If the defendant's insurance company is willing to offer a fair settlement, you will not need to bring a lawsuit. A personal injury attorney can maximize the value of a personal injury case for everyone involved, including the insurance company paying the injured party fair compensation, even in the pre-litigation phase of the case. However, this can never happen if the plaintiff's (the injured party's) attorney is not willing to fight for the full value of the course or if that plaintiff's attorney does not have a reputation for winning at trial.

Our attorneys are skilled at negotiating settlements without filing a lawsuit, and insurance companies know which attorneys are willing to fight for fair but full compensation and which are not. When choosing an attorney, ask about the firm's reputation for going to trial. Ask when the last trial was held, and what types of injuries the firm has handled at trial. Also, ask if the firm has ever handled punitive damage cases at trial, and if the firm has rejected a large settlement offer in favor of trial, because even some large settlements are still unfair.

A: Most of the time, they don't. However, in some cases, the insurance adjuster does not believe that the plaintiff can prove his or her injury. Since you are closer to your family, friends, and co-workers than to your attorney, only those people can explain your physical and mental injuries and accurately describe you both before and after the accident. These "fact witnesses" can tell the adjuster (or in a trial, the jury) how active and social you were in your community, at home, and at work before the injury.

A: Anyone can "make a claim" against a business, but to make a legitimate claim, you must show that the injuries were caused by an unsafe condition on the property. Further, you must show that the property owner or manager (in the case of a lease) knew or should have known about the dangerous condition. In addition, you must also show that the owner could have corrected the problem before the accident occurred. A valid claim can be brought only after you can prove these circumstances.

A: "Punitive damages" is the name given to the money that a jury or court orders a defendant to pay as a punishment. Punitive damages are awarded only when the defendant's conduct is found to be intentional or willful or wanton or malicious; in other words, when the defendant acts in an extremely outrageously and shocking manner. The Plaintiff can ask the court to amend the complaint to add in punitive damages. If this occurs, the courts may permit an award of punitive damages in addition to compensatory damages.

Because punitive damages are in addition to the economic and non-economic damages awarded by the jury, most of the time, there is a separate trial for the punitive damages portion of the case. If you believe that the defendant in your case acted in an outrageous or illegal manner, remember to ask your attorney about his or her experience in punitive damage cases.

A: A jury will only make a fair award if they have all of the detailed evidence presented to them. It is absolutely essential that your attorney has your full cooperation in gathering evidence. Attorneys need good records from you on all the money that you spent for anything connected with your case. Attorneys may need receipts, canceled checks, bills, and other memoranda of this type to prove all your losses and expenses.

If you are making a claim for lost earnings, it will be necessary that you obtain your income tax returns for the last five (5) years. Defense attorneys have a right to see them, and you can anticipate receiving a request to produce all relevant documents during the course of pre-trial preparation of your case.

A: A camera is one of the best tools for helping to settle your accident claim, and for obtaining a fair settlement. Here are some reasons why:

• Photographs preserve scenes, evidences, and injuries that change over time.
• Photographs often show things better than you can describe them.
• Photographs sometimes reveal details you do not notice at first.
• Photographs are dramatic.
• They highlight the scene without the distractions of surrounding sights and sounds.
• Photographs are difficult to contradict.
• It is difficult for an insurance company to say you're description of the accident is wrong or undermine how badly you were injured when your words are backed up with a photograph.
• Photographs help you focus your claim.
• You select which photos to show to an insurance company.
• Photographs impress insurance companies.
• They show that you have been organized and thoughtful in preparing your claim.

A: In every civil case, the judge will eventually order the parties to mediate. Although the judge will not and cannot force a party to settle his or her claim at mediation, more than 90 percent of lawsuits are settled out of court, and most of the time those settlements are procured through mediation. In almost all cases, a fair settlement is preferable to a stressful, expensive, and uncertain trial. The mediation works because it allows the parties to meet in an informal forum and conduct a serious dialogue about the case's value and the possibility of a settlement. The mediation is conducted under the guidance of a specially trained professional called a "mediator."

Mediation is typically set at a point in the lawsuit when the attorneys for each side have had ample opportunity to discover and evaluate the strengths and weaknesses of each sides case. The mediator is selected by agreement of the parties. If the parties cannot agree on a mediator, the judge will appoint one for the parties. In some courts the judge is more proactive and appoints the mediator without the approval of the parties. This action by the judge can undermine the mediation because the attorneys may not feel comfortable with the mediator. The mediation will take place in one of the attorney's offices, at a central facility provided by the mediator, or the court facility. Under the mediation rules, all parties and their attorneys must be present at the mediation. If an insurance company is involved, a company representative must be present at the mediation. The representative must come to the mediation with the authority to make the final decision on whether to settle and how much the company is willing to pay, up to the full amount of insurance coverage available.

A certified court mediator is a person who has fulfilled the necessary educational and experience requirements under the rules of the Supreme Court of Florida. Typically, a certified mediator is either an attorney of many years experience, or a retired judge. Sometimes an accountant or a psychotherapist is listed as the mediator, but that is usually in a family law-related matter. The mediators role is to assist the parties in reaching a settlement, not to act as a judge on the case. The mediator is usually an impartial person who can express to each side the other sides strengths and weaknesses without intimidation. This impartial perspective allows each side to view the others side of the case so the parties can reach a compromise.

The typical mediation begins with a mediator sitting at the head of the table and the opposing sides and their attorneys seated on either side. The mediator gives a brief description of the process, and then each side makes a short opening statement of their positions. The parties then break into separate groups and are directed to remain in different rooms. The mediator shuttles back and forth among the parties and helps them analyze their cases and then takes offers and counteroffers in an attempt to reach a compromise settlement. Most of the time a settlement is reached. The parties then reconvene in the main conference room to sign the settlement agreement. Without a signed settlement agreement, the mediation is called an impasse and a written notice is sent to the judge, letting the court know the case needs to be sent to a trial docket.

A: Interrogatories are printed questions that must be answered in writing and under oath. It is important to always tell the truth when answering the questions. The answers to interrogatories must be provided within 30 days under most circumstances. Attorneys for the plaintiff and the defendant will send interrogatories to all parties before depositions are taken.

Providing full and complete answers to interrogatories is essential to the prosecution of your Personal Injury case. If you dont understand a question, ask your attorney to finalize your answers. If you fail to disclose any information in your interrogatory answers, the insurance company will try to use this against you at trial. Therefore, always tell the truth.

Sample Personal Injury Interrogatories Below:

Personal Injury Interrogatories to Defendants

Slip and Fall Interrogatories

Truck Accident Plaintiff to Defendant Interrogatories

Financial Discovery to Defendant Interrogatories

A: Current Florida law provides a variety of procedures that relate to settlement negotiations and that have serious economic consequences. You must understand these procedures and their potential consequences if you are to reasonably evaluate settlement offers, and structure appropriate demands.

RULE 1.442, FLORIDA RULES OF CIVIL PROCEDURE (Proposals for Settlement):

• Applicability- Applies to all civil actions for money damages.
• Procedure- The action (lawsuit) is filed on day one (1). After 90 days, a proposal may be sent to the other party to settle the case. This proposal cannot be sent closer than 45 days before the date of the trial. The proposal is a formal document that is called a Proposal for Settlement (these proposals are also referred to as Offers of Judgment). The proposal must agree to settle the case for specific terms that must be stated in the offer. The offer or proposal is considered rejected if not accepted in writing within 30 days after service.
• Consequences- If the proposal is not accepted and the case is tried to a Final Judgment and that final judgment is not at least 75 percent of the proposal, the party who did not accept the proposal will be responsible for paying the other partys attorney fees and costs.

SECTION § 768.79, FLORIDA STATUTES (Offer of Judgment and Demand for Judgment):

• Applicability- Applies to claims for personal injury and property-damage, both tort and contract, which actions arose on or after July 1, 1986.
• Procedure- The defendant may serve an Offer of Judgment and the plaintiff may serve a Demand for Judgment. The offer or demand may be accepted within 30 days of service.
• Consequences- If the final judgment is not at least 75 percent of the amount of a requested offer, or at least 25 percent greater than a rejected demand, then the party making the offer or demand is entitled to recover all costs and attorney's fees incurred from the date of filing the offer or demand. For example, if you receive an offer to settle your claim for $10,000 that you reject, you must recover no less than 75 percent of $10,000 (for a total of at least $7,500), or you will be required to pay the defendants costs and fees. The amount you would owe to the defendants under such circumstances could be more than the amount of the judgment they owe to you. If we make a settlement demand under this statute on your behalf for $10,000 that the defense rejects, and we later obtain a judgment at least 25 percent higher than the demand (for a total of at least $12,500), then we are entitled to recover costs and attorney's fees in addition to the judgment amount.

SECTION § 45.061, FLORIDA STATUTES (Offers of Settlement):

• Applicability- Applies to almost all civil actions that accrued between July 12, 1987, and October 1, 1990.
• Procedure- The defendant may serve an Offer of Judgment and the plaintiff may serve a Demand for Judgment. The offer or demand may be accepted within 30 days of service.
• Consequences- Generally the same as for offers and demands made pursuant to Section § 768.79, Florida Statutes.

If you do not completely understand the way in which these procedures may affect your particular case, please contact our office for a more detailed explanation.

A: Once all the defendants have filed answers to the complaint and all motions have been resolved by the court, your case will be put on the trial docket. We will probably request a jury trial, which is a right given to you by the Florida Constitution and United States Constitution. At trial, your case will be decided by a jury of six men and/or women.

We do not schedule your case for trial; this is done by the judge. As soon as we know the date of the trial docket, we will notify you and all your witnesses. Sometimes the judge will allow a continuance of a scheduled trial. Please let us know immediately if we need to request a continuance of your scheduled trial. The defendant also may ask for a continuance to delay your trial. The judge will usually allow each party one requested continuance.

Because the scheduling of a jury trial is largely beyond our control, the process can take anywhere from six (6) to twelve (12) months from the time we request the jury trial. Although we will move your case through the litigation stage as quickly as possible, we ask that you please be patient during this process. We will use this time to adequately prepare your case for trial.

A: Once your case has been scheduled for trial, we will meet with you to discuss the final preparation for presenting your case to a jury. During this time, it is very important that you keep us advised of your whereabouts. If you need to go out of town for any reason, please notify our office. Your testimony and the testimony of each favorable witness will be outlined and reviewed prior to trial. If there are specific questions that you would like us to ask a witness, please review those with us as we prepare for your jury trial.

It is not unusual for both sides to conduct some final discovery (e.g. depositions) immediately before trial. As your trial date gets closer, the activity on your case becomes more intense. Rather than calling us with your every thought, please write down your concerns or questions and review those with us on a periodic basis. We strongly encourage your input during this preparation.

You will be expected to attend the entire trial. You should dress conservatively and be on your best behavior during the entire trial. Even when the trial is at recess, you are still being watched by the jurors, the judge, the defense attorneys, and the insurance company representatives. You should not talk with anyone except our office staff during the trial. You should write down your thoughts and questions during the trial and review those with us during recess. The only time that you will be permitted to talk during trial is when you are on the witness stand.

There is a certain procedure that is followed in any jury trial. Pre-trial motions are initially addressed by the judge. This is conducted in the judge's office and it will not be necessary for you to be present during these pre-trial arguments. You will be expected to remain in the courtroom during this time. Jury selection is perhaps the most important part of any jury trial. After all, the jury ultimately decides the final verdict. You will have an opportunity to discuss your thoughts and opinions with us before the jury selection is concluded.

Once the jury has been selected, we will present an opening statement. This is our opportunity to explain to the jury what we expect the evidence will demonstrate and what witnesses will testify on your behalf. The defense will also give an opening statement. We will present all our witnesses and evidence first. As the plaintiffs, we have the burden of proof. That means that we must prove our case by the greater weight of the evidence. After we have presented all our witnesses and given the jury all our evidence, the defendant will do the same.

A wrongfully injured person is entitled to compensation for the intangible losses which always accompany a personal injury. The law recognizes your right to damages for such things as: pain and suffering, disfigurement, disability, loss of the capacity to enjoy life, and mental anguish. These damages are frequently far greater than the out-of-pocket losses you have sustained such as medical expenses or lost wages, but they are obviously harder to prove. The way in which these losses are most commonly proved is through the testimony of friends and relatives who had an opportunity to see and know you both before and after you were hurt. The selection of the proper people to present this testimony is crucial to the success of your case. In helping us to select the best witnesses, please consider the following list of key words very carefully:

Social attitudes
Sports activities
Comments as to pain, discomfort, suffering
Depressed appearances
Changes in sense of humor
Frequency or continuing pains and discomforts
Self-consciousness
Complaint or quiet unspoken type
Fear terrified of surgery
Sympathy
Changes in lifestyle
Troubled
Terrified
Agony
Depressed pain
Strong-willed
Mopes
Downcast
Dark mood
Strength
Edgy
Upset
Couldn't do after incident but could before
Struggled
Difficulties since the incident
Feeble
Frail
Unstable
Associated problems with injury
Kidding type of personality
Family or work burdens
Employer or work-related problems
Suffering
Spiritless
Lifeless
Resting
Despair
Awkward
Embarrassed
Physical relationship (all aspects of married life)
Wake up with nightmares
Appetite
Emotional catastrophe
Problems walking, bending, stooping, lifting, sitting, working, driving, general living
Recuperation processes
Rehabilitation required
Paint word pictures -- stories about past events that help to illustrate how serious the injury has been
Loss of self-image
Withdrawn
Disfigured
Ashamed

This is intended to help you accurately identify and describe the impact of your injuries.

Carefully consider each word and phrase remembering that you should neither minimize nor exaggerate any part of the damages you have suffered

Cross out words and phrases that do not apply. Underline words and phrases that have special significance, and make notes regarding specific matters relating to each word and phrase that you have underlined. Illustrations and examples are the best form of testimony to help the jury understand pain, suffering, disability, and mental anguish. Spend time thinking about discussing such illustrations and examples with your witnesses. Save this sheet and all related notes to serve as an outline for your attorney's conference with you and your witnesses before depositions and trial.

We are looking for the people who are best able to testify about those things on the list. Knowledge alone is not enough. We need people who will be able to effectively communicate their knowledge to the jury in a way that the jury will understand and believe. You need to help us pick the friends and relatives who have known you best, who know how seriously your injury has influenced your life, and who will make the best possible impression on the jury. These witnesses will be judged not only on what they say, but on how they say it and how they look. Their standing in the community may also be a factor to consider. A community leader who is willing to help you and who knows you well enough would be a persuasive witness. For example, your priest, minister, or rabbi would be an excellent choice if he/she knows you well enough to truthfully testify to your problems.

Before providing the name of a potential "pain and suffering witness" to us, be sure to discuss with that person his or her willingness to help. Stories about particular events or circumstances that illustrate the pains or problems you have been experiencing are a very good way to inform the jury about the significance of your injury. Spend some time with your witnesses talking about particular things they have personally seen which may provide examples for the jury. Taking notes which you and the witness can give to us later will help us on our final selection process and in preparing the witnesses for trial.

After all of the witnesses and evidence has been presented, each side will present closing arguments. This is our final opportunity to talk to the jury before the verdict. The judge will then tell the jury what law they should apply to the facts they have heard or seen. The jury will then discuss the case and reach a verdict. The verdict must be unanimous.

After the verdict has been decided, the judge will usually enter a final judgment based upon the jury verdict. The judge does have the authority to enter a final judgment that differs with the jury verdict (called a "judgment not withstanding verdict" -- J.N.O.V.). This does not occur often and is usually appealed to a higher court.

If either side is not satisfied with the result, an appeal may be taken to the District Court of Appeals. Most cases are affirmed on appeal -- very few are reversed.

Once the judgment is final, we are allowed to proceed with collection. This process is usually easy and short when insurance is involved. We will discuss any collection difficulties with you at this point in the litigation process. Many times we will not know if there are collection problems until after a final judgment has been entered against the defendant.

A: The amount of time you must spend attending your trial varies from case to case. A simple trial usually takes between three (3) and five (5) days to complete. However, more complex trials can take longer, with some of the most complex trials lasting weeks or months. Before your case goes to trial, you will need to meet with your attorney and go over a detailed game plan on how to best try your case. If your attorney needs you in trial the entire time, we suggest taking the time off from work to accommodate the trial. Many times, during longer trials, neither the defendant nor the plaintiff stays in court for all the days of the trial.

A: There are very few secrets in litigation cases. The defendants insurance company has an index system on a nationwide basis that shows all the people who have previously made claims for injuries. If you have made a claim in another incident for another injury, your name will be in this system.

The insurance company or defense attorneys are permitted by law to take videos, question your neighbors, talk to your employer, check former addresses, and engage in an investigation of your life. This may be offensive to you, but in most circumstances is not illegal. The insurance company or defense attorney may obtain the office records, bills, and reports of all your doctors, past and present, so disclose to your attorney all physicians that youve seen and all problems that you've had in the past. Be assured that the insurance company will make an exhaustive study in your case to determine the validity of your claim.

You are urged to be candid and absolutely honest in all your answers throughout the entire case. Please confide in your attorney and do not hold anything back. Let your attorney be the judge of whether or not certain information can hurt your case. If it is information that will hurt your case, the defense will find out. And if your attorney is not prepared to deflect the issue, your case will lose value- often, significant value.

A: First, make sure you are okay to move. Do not move from your vehicle if there is any question about your health or safety. Next, call for medical help and wait for the police and/or authorities to arrive. If you can safely leave your vehicle, you will want to exchange your personal information with the defendant driver. Remember to get his or her driver's license information, car make and model, and insurance information.

Do NOT make any statements or comments about the accident, regardless of your fault or the situation. Do NOT say "I'm sorry" or "This was my fault." If the other person does make such a comment, however, you need to make a note of exactly what he or she said.

When an investigating officer arrives, be sure to tell him or her the facts of the case as well as everything the other party said and all your physical complaints. Be complete with the officer. Many times, pain sets in after the shock of the accident wears off. If you are experiencing pain, seek immediate medical attention. This means going to the hospital or an urgent care center as soon as possible after the accident. Also, if possible, take photos of the automobiles involved in the crash as well as the scene and the parties involved. As an injured person, you have rights, so be sure to consult an attorney to discuss what legal remedies may be available to you.

I dont want to pay my deductible to get my vehicle repaired - It's not fair that I have to pay when I was not at fault.

A: Yes, you can go through the other person's insurance. However, it is usually not as easy as it should be. If the other person admits fault to his or her agent, and the agent is agreeable, the other person's insurance will come out to evaluate the damage to your automobile. This process is called "estimating". The insurance company will then give you a check to repair the damages or will pay the repair center directly. However, things do not always work out this way.

Typically, the guilty driver feels bad at the scene and admits fault, but when he or she talks to their adjuster later in the day, sometimes he or she is unclear about the fault. When the guilty driver leads the adjuster to believe that they are not 100 percent at fault, the adjuster is under a duty to protect the company's insured. Because of this, the adjuster will believe the company's own driver and dispute liability. The adjuster may come to you and say, "My driver was only 50 percent responsible for this accident; therefore, we will only pay for 50 percent of your property damage."

If liability is clear, your vehicle should be repaired fairly quickly. If liability is disputed and you are waiting for the other driver's insurance company to repair your vehicle instead of using your own insurance, keep in mind that the automobile might be sitting in a repair or tow yard for days, waiting for someone to take responsibility. This is problematic because tow yards charge storage fees. Those storage fees can be a lot of money if you wait for an insurance company to take responsibility.

When possible, it is much easier to use your own Comprehensive and Collision Insurance to pay for the repair of your vehicle. We realize this means that you may need to pay for the deductible up front, but this typically will enable your insurance adjuster to get the money back from the defendant's insurance company. Since adjusters seem to speak each other's language, the majority of property damage incidents are settled quickly, meaning that your own adjuster may be able to convince the defendant's adjuster to pay back your deductible. That is why we believe that using your own insurance, when available, is beneficial to the overall efficient settlement of the claim.

A: As long as you have the proper type of insurance, you can always submit a personal property loss, with proper documentation, to your insurance company for reimbursement. The amount you will receive depends on your insurance policy. Some policies carry a large deductible that may prohibit a small property loss from being recovered from your own insurance. In those instances, you will need to ask the defendant to reimburse you for your losses. Remember to tell your attorney about every item damaged in your case as these small items can add up and greatly enhance the value of the claim.

(I had a prior accident and/or have a prior medical condition)

A : Yes. Florida law allows an injured person to seek compensation if someone else's negligence aggravates a preexisting disease or physical defect. The jury will be asked to determine what portion of the condition resulted from the accident and the aggravation of the preexisting condition. If a jury cannot make this determination, Florida law allows a jury to award compensation for the entire condition suffered by the injured person. In that situation, the jury is not supposed to discount the value of your case because of a preexisting injury.

(Including pedestrians, cyclists, or others injured by a hit-and-run driver)

A: This is a terrible situation that happens far too often in Florida. First, if you own a car in Florida or if you live with a relative who owns a car in Florida, then you are usually able to obtain some medical coverage and lost wage coverage through the applicable Personal Injury Protection (PIP) insurance. Second, if there is a policy for Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage in the household, then you can often obtain that policy coverage, as well.

UM/UIM coverage is a difficult area of Florida law. There are many policy considerations and language issues that need to be examined to determine when UM/UIM applies. In the above scenario, if there is UM/UIM coverage, a creative and aggressive attorney can usually gain access to that coverage and also help his or her client pay medical bills and obtain a fair settlement for the injuries.

A: If you are physically able to take pictures, even with your cell phone, PLEASE snap as many photos you feel is necessary to capture the full extent of the damages. Because the defendant's insurance company will do whatever it can to minimize the impact of the accident, it is important to document the damages after an accident. And although there is a chance your pictures may not be needed, they could also be the most important part of your case if there is a dispute about the severity of the impact, or a dispute about the liability (who was at fault). Also, be sure to explain any injury symptoms you are having to the police.

A: If you are physically able to take pictures at the scene of the accident, remember to photograph your entire vehicle. That means getting all sides of the vehicle including the front, front right and left corners, each side, and the rear (straight on and right and left sides). Also, don't forget to snap photos of the defendant's vehicle. And if possible, get photos of the underside of the damaged areas of the vehicles. Many times, the worst damage is hidden underneath a scratched bumper.

We also recommend that you get photos of the defendant, skid marks on the street, and any property damaged caused by the accident like stop signs that are bent or barriers with skid marks down them. If you are taken in an ambulance, have someone photograph the entire scene for you. Make sure to let your attorney know that you have these photographs.

A: As unfair as it seems, you must use your own insurance because Florida is a "no fault" insurance state. Part of the meaning of "no fault" is that no matter who is at fault, you must use your own insurance for the basic temporary issues in the case. As a result, automobile insurance is broken up into different parts. One part covers other people's property, called Property Damage. Another part covers your car and the items in your car, called Comprehensive and Collision. The part referred to as "no fault" is called Personal Injury Protection or PIP.

Based on Florida law, even when you are in an auto accident that was caused by someone else, you are required by law to submit your medical expenses to your own PIP automobile insurance. PIP is a complex system of insurance that covers 80 percent of your accident-related medical bills, whether you were at fault or the other driver was at fault. Because of this, it is the first insurance you use, before the other person's coverage and even before your own health insurance.

PIP also covers 60 percent of lost wages and has a death benefit of $5,000. However, the total that PIP will pay is $10,000. Because many significant accidents have an initial hospital bill greater than $10,000, the defendant's insurance company will be responsible for paying any medical bills and lost wages that exceed your PIP policy. The defendant's insurance will also be responsible for paying for your pain and suffering if you have sustained a permanent injury.

A: Not unless you have a special type of motorcycle PIP insurance. Due to the confusing motorcycle insurance law in Florida, many motorcyclists believe they are covered by their automobile insurance or by the defendant's insurance. Unfortunately, this is not true.

The state of Florida does not require the owner or the passenger of a motorcycle to have insurance. Although automobile PIP coverage also applies to bicycle users, it does not cover motorcycle riders. While PIP is required if you own a car, it will not cover you if you're injured while riding a motorcycle. Some insurance companies offer special motorcycle PIP insurance that is similar to the coverage offered for an automobile.

A: Under Florida law, there is no such thing as "full coverage." However, insurance agents like to use the term "full coverage" to describe the minimum coverage allowable under Florida law. Yet this is the exact opposite of what people think "full coverage" means. Since Florida law does not define the term, these unscrupulous agents use "full coverage" to mislead people into thinking that they have coverage they do not have.

Under Florida law, the minimum requirements are Personal Injury Protection (PIP), which primarily covers the first $10,000 in medical bills or lost wages, and Property Damage (PD), which covers any damage that you might cause to other people's property. This coverage does not include any Bodily Injury (BI) coverage, which protects you if you hurt someone else. And it also does not include any Uninsured Motorists/Underinsured Motorists (UM/UIM) coverage, which would protect you if the person who hits you only has "full coverage."

A: Since we cannot tell what is included in a "full coverage" description, we cannot answer the question without looking into each individual policy. However, it is our experience that "full coverage" means that you have the minimum protection allowable under the law. If you are seriously injured in an accident, and the at-fault party does not have Bodily Injury coverage, or has inadequate coverage, you would not be covered for the full extent of your injuries.

To protect yourself, you must carry Bodily Injury and Uninsured/Underinsured Motorist (UM/UIM) coverage. Although this coverage is optional in the state of Florida, it is designed to protect you and your family in cases in which the at-fault driver does not have insurance, or has insufficient coverage. We highly recommend that everyone purchase a minimum of $100,000 per incident and $300,000 per accident BI and UM coverage, respectively.

(UM/UIM - Uninsured Motorist coverage)

A: The unfortunate reality is that there are too many people driving in Florida with inadequate insurance coverage. This not only means that they are unprotected, but that you are unprotected if involved in a driving incident. The only way to protect yourself is to purchase insurance that covers you if you're hurt by an uninsured or underinsured motorist.

This insurance is commonly called UM or UIM, short for Uninsured Motorist coverage. And when you own and insure multiple vehicles, there is a way to increase your coverage without increasing your limits called "stacking". "Stacked UM" or "Stacked UIM" puts each UM or UIM policy you own on top of one another (or stacks them) to increase your coverage. If you own multiple vehicles, we suggest spending the few additional dollars to add stacking provisions to your UM/UIM coverage in order to better protect yourself, your passengers, and your property.

A: It depends on which insurance adjuster is asking for the recorded statement. If it is your insurance company, you have a duty to cooperate– to permit the company a fair opportunity to investigate the incident. That may or may not mean giving a recorded statement, but it certainly may be appropriate in some situations.

If the other person's insurance company is asking for a recorded statement, you are under no obligation to cooperate with that company. In fact, it is commonly the best advice not to speak to any adjuster after an accident without an attorney present. Remember, a recorded statement is only evidence to be used against you at a later time. Before giving anyone information about an accident case, remember to first consult with your lawyer.

A: In the event that suit is filed in your case, the defendant has the right to have you examined by a physician of his or her choice. The insurance company will pay the cost of this examination. A report will be rendered to the insurance company's attorneys and to us, showing the doctor's findings and the physicians opinion(s) concerning your injuries.

Since you may be examined by a doctor on behalf of the defendant and the insurance company, and this examination and the doctor's testimony may be used at trial, here are some suggestions and helpful hints:

Preparation and Attitude

Be on time for the appointment. Although some insurance doctors are overbooked and you may have to wait a considerable time before seeing the doctor, be prompt and be patient.

The doctor is paid by the insurance company; do not pay him or her anything. Remember, the doctor is not your friend; he or she works for the other side and is interested in minimizing your problems. Nevertheless, avoid being antagonistic toward him.

Talking to the Doctor

Do not discuss blame or talk about how the incident happened with the doctor. Their job is to evaluate the extent of your injury, not decide who is at fault. The doctor will ask you how you were injured. Answer that question without giving details concerning the incident itself.

Tell your doctor about every complaint or ailment. Let him or her decide whether your complaint is related to the incident. Start at the top of your head and work down your entire body, telling each injury and pain to the doctor. Do not minimize or leave out any injury, no matter how minor it appears to you. Remember, this doctor's job is to downplay your injuries when reporting to the insurance company; don't help him or her find little or nothing wrong with you. Dont be afraid to sound like a complainer. If your complaints are legitimate, describe them fully.

Tell the doctor how any pain affects your daily life. If the accident left you unable to work, give that information to the doctor. Were you able to do your household chores? Did you have to drop out of the bowling league due to pain? Is it difficult to sleep? Has your married life changed? Were you assigned lighter duties at work? All this information may be important in the doctor's overall evaluation of your injury.

General Rules

Tell the truth! Do not hide information about previous accidents or injuries. Such information will not hurt your case in any way.

Be polite to the doctor and let him or her do their job. If they propose a test that you find highly unusual, you can refuse it.

The doctor may be friendly, but the written report will be strictly business-like and may not always be in your best interests. Work with the physician, but keep in mind that it's his or her job is to find how little, not how much you are hurt.

Before your compulsory medical examination, we will send you a letter confirming the date and time of your appointment. We will also provide you with a questionnaire to take with you to the examination. Immediately after the examination is completed, complete this questionnaire and return it to our office.

A: Yes, it is very important that your doctor(s) know your full medical history. If your prior injury worsens with a new injury, you should still be entitled to compensation. Your failure to remember or reveal your prior injuries to your attorney and your doctor(s) will cause serious damage to your case. DO NOT try and outsmart your attorney or your doctor(s) as it will only hurt your case in the long run. We have seen far too many claims fall apart because a client failed to "remember" a prior injury. It does not matter whether it was an auto accident injury, a slip and fall injury, or a "slept wrong and my arm went numb" injury. If you saw a doctor about it, admit it. Get your attorney to gather those old medical records.

Everyone has prior issues. If you fail to admit those prior medical issues to your doctor, you may negatively affect the outcome of your case.

A: When an injury is serious enough to warrant a surgical procedure, it can add value to your case. Each case is unique and must be examined both medically and legally. Because of this, a properly trained personal injury attorney will understand the medical nuances of your situation, and will have access to doctors who can get you the right information on your case. Your attorney can help guide you through the legal aspects of your case, and your doctor will guide you through any medical questions.

Your decision to get or withhold from surgery is a personal decision that must be made with all the facts and without regard to the effect it will have on the case. Your life will go on, but your case will someday end, regardless of whether you have surgery or not. Make a good life decision, not a case decision. You will be happier in the long run.

A: You should continue seeing your doctor until your treatment is finished. In some instances, a patient can achieve his or her "maximum medical improvement," and then a doctor will give him or her a final impairment rating. If this happens in your case, this does not mean that you are no longer allowed to seek medical treatment. In fact, just the opposite is true. If you have a permanent injury, you may need lasting medical care. Just because the doctor medically "finalized" your case does not mean that you can't continue being treated.

In reality, the status of being "finalized" means that there is not much more that can be done medically to improve your injuries. The doctor can improve the pain you feel from the injuries in a number of ways, like physical therapy, injections, drug therapy, chiropractic manipulation, and acupuncture. Also, there can be different periods of being finalized for a single patient. For example, if a person has a condition that requires surgery, but that person does not want the surgery, then he or she can be finalized pending surgery. That means that his or her condition will remain static until a doctor repairs the condition through surgery. An analogy would be a leaking air-conditioning unit in a car. The car will continue to run and the air conditioner will even work if you put in refrigerant, but as soon as the refrigerant runs out, the air will stop working and the driver will get hot. The same is true for an injury that requires surgery. The patient will be able to get around and work and live, but will need constant "refrigerant" charges in the form of painkillers, acupuncture, massage therapy, or some other palliative care.