Trusted Personal
Injury Law Firm

Trusted Personal Injury Law Firm

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AUTO ACCIDENTS

Being involved in an automobile, truck or motorcycle accident can be a traumatic experience. Insurance companies often do not want to pay you the insurance benefits you are entitled despite paying them years or even decades of insurance premiums. At fault and negligent parties must be held responsible for their actions. Florida law protects drivers, passengers and pedestrians who are injured by another driver’s negligence. Insurance policy limits are an important aspect to your potential financial recovery.
We will request, obtain and thoroughly review all insurance policies that may provide coverage for your injuries. Florida law now requires treatment within 14 days of the motor vehicle accident. If you do not treat for your injuries within 14 days, you can lose your personal injury protection (PIP) benefits. This is important because in no-fault states (Florida), each person’s insurance coverage is primary, particularly when it comes to paying for medical and hospital expenses. This means that your policy will pay for your injuries first and the at-fault driver’s liability coverage will kick in after your limits have been exhausted. Therefore, it is important to hire an attorney who fully understand Florida’s personal injury protection law.

The shock and trauma you suffer when you are involved in a car accident compounds any resulting physical injury and often leaves you feeling disoriented. The psychological effect of an automobile crash can very easily lead to a lack of clear thinking when faced with an angry driver who wants to hold you responsible for the situation. What should you do in such a situation? Difficult as it may seem, try to keep calm and rational as you discuss the matter with the other party to the accident. When you find yourself in the middle of a busy street after a road accident, it can be difficult to avoid the overwhelming feeling that you need to get out of there as quickly as possible.

Your first concern will be to ascertain if there are any physical injuries to the occupants of the vehicles involved, yourself included. Some injuries are readily apparent immediately while others may become evident later. For your own personal protection, never feel obliged to admit responsibility either verbally or in writing. This is especially important if you have suffered any type of injury, visible or otherwise. By all means, both drivers can exchange insurance details but it would be in your interests to seek legal advice from a lawyer who specializes in personal injury cases.

Considering the high proportion of automobile accidents in the South Florida area, it is prudent to be cognizant of the procedures to follow when faced with such a distressing incident. Most car drivers are unacquainted with the legalities of dealing with road accidents and how to proceed when personal injury occurs. There are times in our lives when we simply must leave some things to experienced attorneys who handle these matters every day. Failing to consult a reputable attorney could prove very costly and aggravate the situation.

You may think it is just a matter of dealing directly with your car insurance company, but remember, insurance companies are more interested in taking money from you in premiums and not so much in paying out. Seeking legal advice could mean you receive much more in compensation for injury or damage than you would by leaving it to the discretion of your insurers. Protect your own interests and take full advantage of the options available to you when accidents occur.

Keep a Record of the Accident When you are involved in a car accident, the challenge you face is to keep a clear head in the face of the upset this can cause. Before leaving the scene of the accident, take some time to write a description of what happened while it is still fresh in your mind. This would include details of the location, the direction both vehicles were traveling and a description of how the collision occurred. Make sure to record any comments made by the other driver related to injury or any suggestion as to accepting responsibility. These details will assist your lawyer to do the best for you in the situation.

Being involved in a car accident is never a pleasant experience. When it results in personal injury it is important to ensure you are well represented legally. Some have made the mistake of going it alone in trying to recover compensation for damages to person or vehicle only to be disappointed. It is imperative that your rights are protected in the event of an automobile collision and seeking the advice of a reputable legal firm is the way to safeguard those personal rights. Yes, a car accident can be a very traumatic and painful experience, but you can ease the pain somewhat by enlisting the help of a qualified lawyer who will work in your best interests.

Personal Injury

Being injured in an accident can have a harsh impact on a person’s life. This can affect a person in the short term and in some cases permanently. Accident victims can incur thousands of dollars in medical expenses, lost wages or even their employment. We handle all type of personal injuries including but not limited to:

  • Slip and fall
  • Automobile, truck, motorcycle and boating accidents
  • Bicycle accidents
  • Airplane crashes
  • Catastrophic injuries
  • Traumatic brain injury
  • Burns and disfigurements
  • Medical malpractice
  • Assault and battery
  • Negligent Security/Training
  • Animal bites
  • Premise liability/dangerous property conditions
  • Products liability/defective products

Regardless of the circumstances surrounding your personal injury matter, our attorneys can provide you with a realistic assessment of your legal options and take the necessary steps to get you there. We will provide you with the attention you need to ensure that you are informed as to your rights and know what to expect during the processing of your personal injury claim.

Wrongful Death

Todd J. Herman, P.A. has represented families that have lost loved ones due to the wrongful actions or negligence of others. Similar to a personal injury claim, a wrongful death claim begins when a careless or intentional act causes death. In Florida, wrongful death is governed by Florida’s wrongful death statutes found in sections 768.16-768.26. Outlined within these sections are the types of financial damages that can be recovered for the benefit of the estate and the decedent’s survivors (those eligible to receive these damages). Survivors generally consist of the decedent’s spouse, children and/or parents.

Damages that may be recovered include mental pain and suffering, medical expenses, funeral expenses, loss of earnings of the deceased, the value of lost support and services and the loss of companionship and protection.

In Florida, a wrongful death claim must be brought through an estate by the personal representative on the behalf of those entitled to monetary damages. A personal representative is appointed by the Probate Court. If a personal representative has not been appointed, our office will assist with process. The most common incidents resulting in wrongful death claims are:

  • Car, truck, motorcycle and bicycle accidents
  • Drunk driving accidents
  • Workplace accidents
  • Medical malpractice
  • Dangerous property conditions
  • Defective products
  • Dog attacks
  • Criminal behavior

Lawsuits must be filed within two years from the date of death. Additionally, the lawsuit must be brought on behalf of the estate’s personal representative. It is important to hire a law firm with the experience to handle such a delicate and often complex matter If you have lost a loved one, contact our office to get the justice you deserve.

Personal Injury Protection (PIP)

It is important to have an attorney who fully understands Florida’s personal injury protection law. Reason being, your first $10,000.00 of medical bills should go through your source of pip insurance coverage regardless of whether or not you have health insurance and regardless of who is at fault. Medical providers whose bills have been denied or underpaid by insurance companies.
What is Personal Injury Protection (PIP) in Auto Insurance?
Before you can understand personal injury protection, you need to know the difference between tort and no-fault recovery. In states that follow a tort-based system, the person who causes a motor vehicle accident is primarily responsible for paying for your injury-related expenses and vehicle repair costs. Conversely, in no-fault states (Florida), each person’s insurance coverage is primary, particularly when it comes to paying for medical and hospital expenses. This means that your policy will pay for your injuries first and the at-fault driver’s liability coverage will kick in after your limits have been exhausted.

Personal injury protection is the portion of your policy that pays for your injuries, regardless of whether you caused the accident. In Florida, this coverage applies to emergency transport, hospital, and medical costs you incur because of an automobile accident.

In a tort-based system, insurance adjusters must determine who caused an accident before approving payment for bodily injury claims. To make matters worse, some tort states use comparative negligence systems to determine partial fault. If an adjuster believes that you are partially at fault for an accident, the insurance company might delay payment of your claim until specialists conduct additional investigation. In some cases, this even involves depositions and court trials.

Because investigation and legal proceedings delay payment of claims, it could take months for you to receive the money you need to seek medical attention. This means that you might spend months in pain and unable to work while the at-fault driver’s insurance company drags out the claims process. Lack of access to medical treatment could even cause your injuries to become more severe.

Home and Commercial Insurance Claims

When your home or business is damaged, you assume that your homeowner’s insurance policy will cover the expense. Unfortunately, it does not always happen that way since the insurance policies are written ambiguously and contain complex language which may exclude damage for your loss. In the instances when your claim has been denied, partially paid or the insurance company delays in issuing payment for the repairs, damages or loss, you can hold the company accountable for their actions or inactions.
We handle claims involving:

  • Water or Flood Damage
  • Hurricane and Hail Damage
  • Fire Damage
  • Roof Claims
  • Theft claims
  • Mold litigation

If your insurance provider fails to hold up their end of the bargain, you have the right to challenge their decision. Our firm’s qualified Florida insurance attorneys will demand the protection that you expected in a professional and effective manner. The Law Office of Todd J. Herman, P.A., has experienced and aggressive attorneys with a deep legal understanding of home and commercial claims and we will assist you in obtaining proper compensation for your damages and loss.

Our firm will handle a large portion of the reporting and assessment of your claim. We will also provide a legal voice during negotiations. Some of our duties regarding insurance coverage disputes include:

  • Reviewing the insurance policy in full detail
  • Documenting the insurance claim
  • Giving you advice about the merits of your claim
  • Providing detailed repair/replacement estimates to the insurance company
  • Detailed physical inventory and appraisal of all damaged personal property
  • Photographic and/or video evidence of the damages
  • Providing experts, if needed, to support your insurance claim
  • Presenting the claim and negotiating the best possible settlement for your claim.