FAQ

Frequently Asked Questions

Access our FAQ’s regarding auto accidents or simply call 954-961-5100 in Broward or 1-877-961-5100 in Florida for a free consultation with an experienced attorney. Here are just a few issues covered in our FAQ’s.

  • Case Valuation
  • Insurance
  • Case Processing
  • Court Appearance

Do I need an attorney?

Yes, of course, you need an experienced attorney to represent you in your accident case. Here are some of the reasons you want to hire an attorney from our firm for your vehicle accident:

Changing Laws

If there is one constant thing about the practice of law is change. Laws involving motor vehicle change constantly.  Whether its the recent changes to PIP that occurred last year or the one that is being proposed in the coming legislature about possibly elimination PIP: the laws are constantly changing.

Your need a law firm and an attorney that is keeping up with the changes in the laws that have an impact on your case.

Negotiations

Every case requires negotiations. From the smallest of issues to the largest of issues you are either going to negotiate or you are going to get the short stick on the deal.

No one is better at negotiating than the experienced attorneys from AskMyAttorneys. Our attorneys are well versed in negotiation and negotiation tactics used by insurance companies because some of us worked for the insurance companies.

Insurance companies have professionally trained seasoned adjusters who are motivated by incentive pay that will minimize the value of your case on every turn. We understand the value and how each fact of the case adds to the total value of your case. Our experiences and knowledge of the law gets you maximum top dollar for your case.
for additional reasons why you need to hire an attorney or click here for why AskMyAttorneys is the right law firm for you.
If you want to negotiate the best offer in your accident case, contact our seasoned attorneys at 954-961-5100 in Broward or 1-877-961-5100 elsewhere in Florida for a free consultation.

How much are attorney fees?

Our attorney fees are contingent on us making a recovery on your behalf. In other words, we only get paid if you get paid. If no recovery is made then you pay us nothing. Click here to find more about our exclusive Penny Plus Promise program. We take all the risk.Florida’s standard attorney contingent fee agreement is 33 1/3 percent of monies recovered on your behalf plus costs. Should a lawsuit be required to be filed in your case, attorney fees may increase up to forty percent.

How We Earn Our Fees

First of all, we earn our fees by using our negotiation skills along with 50 years of combined experience and knowledge of the law to get you maximum compensation for case.

In addition, we investigate the facts of your case, communicate with all responsible parties, gather evidence, prepare you for EUO’s, IME, deposition, mediation, trial, present the facts of your case most favorable to you and finally get you the results you deserve.

If you have an injury case due to a vehicle accident but have no money to pay an attorney’s hourly rates then contact Askmyattorneys at 954-961-5100 in Broward or 1-877-961-5100 elsewhere in Florida for a free consultation.

Do I have to go to court?

No, is the most likely answer. Your are more likely to attend an Examination Under Oath (EUO), Independent Medical Examination (IME), deposition or mediation than you are likely to go to court.

EUO

Under the contract terms with your insurance company you must cooperate with their investigation of your claim or risk the denial of your claim. Part of an insurer’s investigation tools include EUO’s, otherwise known as, Examination Under Oath. EUO’s subjects the insurer to a laundry list of questions which answers are recorded by a court reporter.

EUO’s are usually but not always used by the insurance companies when they suspect criminal fraud or as a intimidation tactic against their own insured. Regardless of the reasoning, it is in your best interest to have an attorney on your side to defend your rights.

IME

Under the umbrella of “investigation of your claim” your insurance company may send you for a IME Independent Medical Examination with a medical doctor to perform a medical examination and write a report.

The insurance company uses the mostly one sided medical report to justify their cutting off your medical benefits regardless of your medical needs. What most insured individuals do not know is that the medical doctors who perform your examination have a very lucrative contract with the insurance companies that pays them thousands of dollars a year and saves the insurance companies million of dollars a year to cut off your medical benefits prematurely.

An attorney can assure your rights are protected and that you obtain all the medical benefits you are entitled to and which you paid your hard earned money for to your insurance company.

Deposition

A deposition involves the questioning of witnesses and parties to a law suit by an attorney. The individual questioned is examined under oath regarding facts of the vehicle accident relating to issues of negligence and damages or injuries.The overall purpose of a deposition is to lock witnesses testimony in preparation of a possible trial down the road. All answers are transcribed by a court reporter who later provides a written transcript of the questions and answers for use at trial. Depositions normally take place in a neutral site or at the offices of one of the attorneys. Some depositions are also video taped for later use at trial.

Mediation

Mediation is an informal conference between parties and attorneys who attempt to resolve their differences and reach an agreement. Usually mediation does not occur until after a formal lawsuit has been files but sometimes a pre-suit mediation such as a global mediation occur prior to filing of a law suit. The mediator who is usually a trained attorney acts as a referee between parties in an attempt to reach an agreement. At the commencement of mediation each attorney makes a brief presentation of the case most favorable facts. Later the  parties are separated to begin individual discussion of the strength and weakness of their case with the mediator. If parties reach an agreement, it ends the law suit. If parties fail to reach an agreement then each parties prepares for trial.

If you are involved in a vehicle accident and do not want to go at it on your own, contact Askmyattorneys at 954-961-5100 in Broward or 1-877-961-5100 elsewhere in Florida for a free consultation.

I am not at fault, why should I involve my insurance?

After a car accident, a common question that people ask is whether their insurance premiums will increase because of the accident. Luckily for consumers, the insurance industry is highly regulated by state law and there are specific circumstances under which an insurer can or cannot raise a customer’s insurance rates.  Generally speaking, if you are not substantially at fault for a car accident, an insurer may not raise your rates for being involved in a motor vehicle collision.
Under Florida Statute 626.9541(1)(o)(3), it is illegal for an insurer to raise your premiums for motor vehicle liability, personal injury protection, medical payment, or collision insurance or to refuse to renew the policy simply because you were involved in an accident, unless the insurance company can make a good faith determination that you were substantially at fault in the accident. In addition, the law stipulates that if an insurer does raise your rates or refuse to renew your policy for substantial fault in an accident, the company must notify you that it will reimburse you for the increase or renew the policy if you can show one of the following conditions:

  •  That you were lawfully parked at the time of the accident
  • Reimbursed by a person (or their insurance) that was responsible for the accident, or you have a judgment against a such a party
  • Struck from the rear by a vehicle that was traveling in the same direction, and that you were not guilty of a moving violation as a result of the accident
  • Involved in a “hit and run” accident when someone hit you, and the incident was reported to the correct authorities within 24 hours
  • Not guilty of a moving violation in connection with the accident, while the other driver was guilty of a moving violation in connection with the accident
  • Adjudicated to be not liable for the accident in a court with jurisdiction over the matter
  • Had a traffic violation related to the accident dismissed on not acted on by prosecutors
  • Not at fault as proved by your written statement by establishing facts indicating that you were not at fault which are not rebutted by information in the insurance company’s file determining that you were substantially at fault for the accident

In addition to the above provisions, an insurance company may not refuse to renew a policy if you have only had one accident in which you were at fault during the last three years.

Any violation of the above laws could subject an insurance company to civil liability and government sanctions for deceptive and unfair practices. If you are having a dispute with your insurance company regarding an accident for which you believe that you were not liable, an experienced car accident attorney may be able to help. Insurance companies have incentive to pay out as little as possible, so it is important to have an advocate on your side that knows how these companies operate and understands how they are regulated.

If you were involved in a vehicle accident and have questions, contact our attorneys for a free consultation at 954-961-5100 in Broward and 1-877-961-5100 in Florida.

Will my insurance go up?

How much time will my case take from start to finish is the second most asked question by clients. Six to 8 months is the average processing time of a typical case in our offices is the answer. Unfortunately,there are a multitude of factors that delay cases beyond the normal time frame.Among biggest factors delaying processing times is insurance companies’ behavior. Insurance companies use a wide range of delay tactics to prolong the processing of claims presented to them. The most common of delay tactics is simply to make unfair and unreasonable offers which forces us to use various tactics of our own including litigation to push the case forward. Litigation is the process where our attorneys file a formal law suit against the insurance company for making an unfair and unsatisfactory offer to our clients. Cases which are litigated typically take 1- 2 years to conclude.
Other factors that delay your case:

  • Time it takes you to conclude necessary medical treatment
  • Response time of medical providers, government entities and other 3rd parties who we depend on to provide us necessary documentation in your case
  • Insurance companies response times
  • Judge’s trial calendar
  • Appeal Process

Do you have a vehicle accident case you want to resolve quickly and professionally? Contact AskMyAttorneys at 954-961-5100 in Broward or 1-877-961-5100 elsewhere in Florida for a free consultation.

How much time will my case take?

After a car accident, a common question that people ask is whether their insurance premiums will increase because of the accident. Luckily for consumers, the insurance industry is highly regulated by state law and there are specific circumstances under which an insurer can or cannot raise a customer’s insurance rates.  Generally speaking, if you are not substantially at fault for a car accident, an insurer may not raise your rates for being involved in a motor vehicle collision.Under Florida Statute 626.9541(1)(o)(3), it is illegal for an insurer to raise your premiums for motor vehicle liability, personal injury protection, medical payment, or collision insurance or to refuse to renew the policy simply because you were involved in an accident, unless the insurance company can make a good faith determination that you were substantially at fault in the accident. In addition, the law stipulates that if an insurer does raise your rates or refuse to renew your policy for substantial fault in an accident, the company must notify you that it will reimburse you for the increase or renew the policy if you can show one of the following conditions:

  •  That you were lawfully parked at the time of the accident
  • Reimbursed by a person (or their insurance) that was responsible for the accident, or you have a judgment against a such a party
  • Struck from the rear by a vehicle that was traveling in the same direction, and that you were not guilty of a moving violation as a result of the accident
  • Involved in a “hit and run” accident when someone hit you, and the incident was reported to the correct authorities within 24 hours
  • Not guilty of a moving violation in connection with the accident, while the other driver was guilty of a moving violation in connection with the accident
  • Adjudicated to be not liable for the accident in a court with jurisdiction over the matter
  • Had a traffic violation related to the accident dismissed on not acted on by prosecutors
  • Not at fault as proved by your written statement by establishing facts indicating that you were not at fault which are not rebutted by information in the insurance company’s file determining that you were substantially at fault for the accident

In addition to the above provisions, an insurance company may not refuse to renew a policy if you have only had one accident in which you were at fault during the last three years.

Any violation of the above laws could subject an insurance company to civil liability and government sanctions for deceptive and unfair practices. If you are having a dispute with your insurance company regarding an accident for which you believe that you were not liable, an experienced car accident attorney may be able to help. Insurance companies have incentive to pay out as little as possible, so it is important to have an advocate on your side that knows how these companies operate and understands how they are regulated.

If you were involved in a vehicle accident and have questions, contact our attorneys for a free consultation at 954-961-5100 in Broward and 1-877-961-5100 in Florida.

What is the value of my case?

Value is one of the most asked question by clients and one of the most difficult to answer at the commencement of  a case. Calculating value requires at a multitude of factors.

What Factors Determine Value?

The FACTS, determine the value of every case. The specific FACTS of YOUR CASE determine whether your case is worth $100,000 or a million dollars. Facts about Negligence and Damages are the two most important set of factors in any accident case. Here are just some of the facts that begin our evaluation of value in a vehicle accident:

  • Points of Impact
  • Time of Day
  • Weather Conditions
  • Injuries

Now you say, “How does Time of Day and Weather Conditions determine the value of my case?” Easy, because Time of Day and Weather Conditions goes into the issue of negligence, what most folks consider fault. See if you are driving at dusk in a heavy down pour at 95 miles per hour in a 55 mile per hour zone on I-75 without your headlights you would be found to be negligent or at fault for causing the accident. Now if your were driving the speed limit on I-95 on a sunny Florida day then it is less likely that you will be at fault.

Take your percentage of negligence, multiply it by your damages then compare it to jury verdicts in your jurisdiction and you get case value. So as you can see, the facts of any accident case really do matter. As your case progresses and our investigation concludes, we are in a better position to determine value of your case.

So if you are involved in an accident, regardless of the facts of your case, call AskMyAttorneys for a free visit at 954-961-5100 in Broward or 1-877-961-5100 throughout Florida to assure the best results.

How are damages covered?

Those hurt in accidents often believe that the negligent party’s insurance will cover the cost of their injuries and damage. Florida law, however, does not require motorists to have bodily injury liability coverage when operating private passenger vehicles. Commercial vehicles, depending on their size, may be required to have this coverage. Considering the complexities with these cases, those affected are often deterred from seeking legal assistance because they do not realize the benefits that they can receive through legal action.

Damages Awarded in Personal Injury Cases

There are three types of damages that a victim can recover from a filing a personal injury claim: compensatory, punitive and nominal damages. Compensatory damages offer a financial reward to the victim for past and future economic losses as well as non-economic expenses. Economic loss can be itemized with an expense report and replaced with the monetary value of the items. For example, your car, medical bills and lost wages are all expenses that have an exact monetary value and therefore, can be compensated for. You may even be able to recover for your lost earning capacity if such a loss is due to the injuries sustained from the accident.

Non-economic losses are tricky since they involve factors where monetary value is hard to determine. These losses can include emotional issues such as pain and suffering. In accordance with Florida Statutes, Section 627.733, these special damages can only be awarded if there is a permanent injury and the owner of the vehicle was required to have personal injury protection (PIP) coverage. PIP coverage is required of drivers of passenger vehicles.

Punitive damages are a large sum of money intended to punish the liable party. You can only be awarded punitive damages in cases where the court finds that the guilty party acted in a grossly negligent manner. This behavior can include, but is not limited to, driver incompetence, excessive speed and violation of safety or traffic laws.

Nominal damages are a small amount of money that can simply be awarded after you bring a cause of action, but they are less desirable by victims as they do not provide much help during this difficult time.

Reduction of Damages

The purpose of Florida tort law is to make the victim of an accident “whole” by enabling the victim to recover for any losses suffered. To be fair, the law prevents these victims from recovering for their own negligent acts or from being compensated twice.

Since Florida is a “comparative negligence” state, the amount that the victim can recover in damages can be reduced if the victim was also at fault. As long as the victim somehow contributed to the cause of the accident, he or she will not be precluded from seeking damages altogether but the amount of damages will decrease by the percentage of fault. This percentage will be determined in court. The amount of damages awarded to you, as a victim, can also be reduced by the amount you may have collected from other sources. For instance, the guilty party’s insurance company may have paid you to cover the cost of repairs for your vehicle. If you are awarded damages later on and they include the cost of repair, that amount will be subtracted from your award.

Suffered damages due to someone’s negligence ? Contact the attorneys at 954-961-5100 Broward 877-961-5100 Florida