WHAT IS A PERSONAL INJURY?
A personal injury (sometimes referred to as bodily injury) is any physical or mental injury to a person as a result of someone’s negligence or harmful act.
WHAT ARE SOME EXAMPLES OF A PERSONAL INJURY CLAIM?
Car and truck accidents
Slip and fall accidents
Nursing home abuse
CAN I GET FINANCIAL COMPENSATION IN A PERSONAL INJURY CLAIM?
Compensation for your injuries depends on several factors, including physical and mental pain and suffering, economic hardship or financial loss, decreased earning potential, and physical impairment, including disfigurement. Depending on the type and extent of your personal injury, you may be eligible for compensatory (actual) damages, and punitive (criminal) damages.
The damages may include the following:
Lost wages, including overtime
Pain and suffering
Loss of enjoyment
Loss of love and affection
Out of pocket expenses (transportation charges, house cleaning, grass cutting and others).
HOW DO I KNOW IF I HAVE A PERSONAL INJURY CLAIM?
To have a personal injury case, you must be able to show that you have been injured, either physically or emotionally, by someone else under a negligence, strict liability, or intentional misconduct theory. In some cases it may be necessary for you to show that the other party was more at fault for the injury than you were.
HOW LONG WILL A LAWSUIT AGAINST MY INSURANCE COMPANY TAKE?
The time involved varies greatly from case to case. Very often, the insurance carrier offers to pay the benefits owed shortly after they receive the lawsuit. Other times, they hire an attorney to defend them which usually results in delays as the case proceeds through the litigation process. Generally speaking, a lawsuit of this type can take anywhere from 90 days to several years to resolve. We try whenever possible to obtain a trial date for our clients within 12 months of the date the suit is filed. It is important to note that the law in some cases, provided for up to 5 years to file a lawsuit.
HOW DOES GIMENEZ & CARRILLO, LLC. GET PAID?
Our legal fee usually amounts to 40% of the total amount of benefits we recovered from your insurance company on your behalf. In most cases, however, we are able to require the insurance company to pay our legal fee in addition to also paying your benefits. If the amount of the court ordered fee equals or exceeds the contingency fee, than you receive all of your benefits without any portion being deducted for legal expenses.
MY INSURANCE COMPANY KEEPS ASKING FOR MORE INFORMATION. SHOULD I GIVE IT TO THEM?
Virtually all insurance policies contain a “cooperation clause”. This means that you must comply with all reasonable requests made by your insurance carrier. This does not mean, however, that you should endlessly continue to forward information to the company. We strongly recommend that you consult with an attorney at the first indication you receive that your claim is not being paid in a timely manner by the company. The initial consultation with our firm is always free.
IF I CAN’T FIND A COPY OF MY INSURANCE POLICY DO I STILL HAVE A CLAIM?
Yes. Although reviewing your policy is a very important part of our evaluation process, we can get a copy of the policy directly from the company if you cannot locate your copy. If you were never provided with a copy of your policy, please let us know as that is relevant in determining what defenses an insurance company may be able to assert in litigation.
The lawyers Gimenez & Carrillo, LLC, litigate numerous lawsuits involving Insurance Disputes as well as other personal injury cases every year throughout the State of Florida. We are extremely proud of the results that we have obtained. We look forward to sharing those results with you.