Drucker Law Offices

Do I need to have a police report before I meet with a lawyer for a car accident in Florida?

Gary Drucker — Wed, 16 May 2012 13:08:52 +0000

Generally, you do not need a police report in order to meet with a lawyer to get advise regarding your rights or to hire the lawyer. At some point, the lawyer will need the police report to determine who is at fault and to determine the insurance for the other vehicle or vehicles. Some people seem to think that before seeing the lawyer they want to have a police report to show the lawyer but oftentimes the delay in doing that may ultimately impact the case, particularly if a person is not going to start treatment until they see a lawyer. Thus, it is common for people to come to this law firm without police reports and then after they hire us as their lawyer, we obtain the police report.

If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach.

It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

How do you get lost wages for a negligence (that is not a car accident) case like a slip and fall or trip and fall in Florida?

Gary Drucker — Mon, 14 May 2012 14:44:46 +0000

Generally, if you are injured on someone’s property, AND they are negligent, you may be entitled to lost wages. Generally, a form of damages available to injured persons in negligence cases like slip and fall cases or trip and fall case (or any negligence case where someone is negligent and this causes you injuries) is lost wages. In the simplest and most common example is when someone is injured and is unable to work due to hospitalization or due to pain from the accident. In such a situation, proof that the time missed was due to the accident plus some proof of what the amount of the lost wages will be required to prove the lost wage claim. Generally, the insurance carried by property owners does not carry a separate policy to cover wages and the insurance policy generally is an indemnity policy which will pay for a judgement; thus, there usually is not a means to recover your wages straight from the alleged tortfeasor prior to a settlement or jury verdict. Note that it is also possible to receive lost wages from your employer if you have sick time accrued. Also, it is possible to receive lost wages if you have a short or long term disability policy, either if purchased through work or outside of work on your own.

If you have been in an accident where you believe the place where you were injured is at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 561-967-3840 (Lake Worth satellite office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).

Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.

How do you get money for your lost wages in a car accident in Florida?

Gary Drucker — Mon, 14 May 2012 13:12:16 +0000

Generally, Florida personal injury protection (PIP) insurance pays 80 percent of medical bills and 60 percent of lost wages, up to a total of $10,000 for both combined. Generally to get your wages through your own car PIP insurance, you must supply the insurance company with a “wage verification form” plus a “disability note” from your treating physician. The wage verification form is a form filled out by your employer that explains how long you have worked there, explains you rate of pay and explains the days your missed from work due to the accident. The “disability note” is either a form but more commonly is a note from your treating doctor that basically explains that you missed work days due to the the accident. Once these two documents are sent to the PIP carrier, then then are paid in line, first come first serve. Thus, if this is submitted very early and the injured person has a PIP deductible, then it may be applied to the deductible. If it is submitted late or if the injured person has large hospital bills, then the wage claim may come after PIP benefits are exhausted.

Interestingly, you can exclude wages from PIP to lower your insurance and this is commonly elected by people who are retired and thus would not be making a wage claim in an accident.

Note that it is also possible to receive lost wages from your employer if you have sick time accrued. Also, it is possible to receive lost wages if you have a short or long term disability policy, either if purchased through work or outside of work on your own.

If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. We only charge fees and costs if we recover money for you.

Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida.

Comparative fault in Florida – You mean I can also be found at fault in a car accident or fall case in Florida?

Gary Drucker — Wed, 09 May 2012 14:06:54 +0000

Yes, in Florida law, a jury can also find the person who is suing to be partly at fault in a fall accident or car accident and this is called comparative fault. Generally, the first issue for a jury in an injury case is to determine if the defendant (the person who is being sued) is at fault. If the answer is yes and if the defendant has raised a defense of comparative fault, then the second question is whether the plaintiff (the person suing) is also at fault. If no, then the defendant is presumed to be 100 percent at fault. If yes, then the jury must apportion fault between the plaintiff and defendant. This would be done by assigning percentages to each – like 50 percent and 50 percent or 70 percent and 30 percent, etc. If a jury awards total damages for plaintiff of $100,000 and assigns plaintiff 50 percent comparative fault, then instead of recovering all of the damages of $100,000, plaintiff instead only recovers $50,000.

If you have any questions regarding an injury case, please call Drucker Law Offices at 561-483-9199 in the principal office in Boca Raton, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office, 561-967-3840 at the satellite Lake Worth office or 561-686-7070 at the West Palm Beach satellite office.

Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advise contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.

If my car lowers in value because of an accident, am I entitled to that money under Florida law? In other words, am I entitled to the inherent diminished value (diminution of value) for my car in a car accident in Florida?

Gary Drucker — Tue, 08 May 2012 13:59:41 +0000

After a car has been damaged in a car accident, it may be worth less money than before the accident. There is stigma with cars that have been in accidents, particularly if the accident caused a lot of damage to the vehicle. While it may look the same as it did before the accident and drive the same, the actual value of the car may have diminished, as potential buyers could be turned off by the fact that the car was in a significant accident. This inherent diminished value or diminution of value is something that Florida law may entitle the owner of a damaged car to. See Siegle vs. Progressive Consumer’s Insurance Company, 819 So.2d 732 (Florida 2002).

Common sense suggests the newer and more expensive a car and the more significant damage to a car would likely result in a greater diminished value of the vehicle. If we are dealing with an older car and very little damage to the car, then the diminished value could be very small or even nothing. On the other hand, if someone has a brand new, fancy, and expensive car that suffered significant property damage, the diminished value could be very large, if there is proof that the value of the car dropped because of it being labeled a “damaged car.”

If you are at fault in the accident or if for some reason (like if the person that caused the accident does not have insurance or does not have enough insurance to fix your car), then your claim for damage to the car would be against your own collision insurance coverage. Whether you would have a diminished value claim against your own insurance would be based on the policy language but most likely the policy language will NOT allow such a claim, generally in Florida. See Siegle vs. Progressive Consumer’s Insurance Company, 819 So.2d 732 (Florida 2002). If your claim is against the other car that caused the accident, then Florida law will generally allow such a claim and you may be able to recover such damages against the other driver and/or their insurance.

If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation.

I was in the car in Florida with my cousin and he caused an accident and I was injured; can i make a claim against his insurance without suing him and taking money directly from my cousin/relative?

Gary Drucker — Tue, 08 May 2012 13:09:08 +0000

A common situation we see is that someone is in the car with a relative who is driving and the relative is the cause or partial cause of the accident. Our client will ask their rights in this situation and part of that question entails whether they can sue their relative. Please accept this response from our accident lawyer in Boca Raton (injury attorney Plantation, accident attorney Tamarac, accident lawyer Margate, injury lawyer Parkland).

Please call Drucker Law Offices for a free consultation at (561) 483-9199 for Palm Beach County; (954) 755-2120 in Broward County; or (305) 981-1561 in Miami-Dade County.

Generally, someone can sue their relative. There is not a lot preventing you from suing your cousin, for example, on the sole basis of the family relationship. Assuming the relative has insurance for injuries, then generally that insurance will pay the relative for their injuries. One exception is that some auto insurance policies contain a provision which states that the bodily injury coverage does not apply to “resident relative.” Thus, if you live with the relative, then you can sue your relative (and you would ultimately have to collect money directly from the relative; it is unlikely that one relative would want to take money from another relative) but may not be able to make a claim against his insurance. Less common but the policy may exclude claims against any “relative” and if that is the case, then the bodily injury coverage would not apply if you are related but do not even live together. The policy must be read to see how it is worded, to determine whether an insurance claim is possible.

So the general answer here is yes, you can sue your relative for an accident case where the relative is at fault; however, you may not be able to make an insurance claim if you live with that relative or if the policy otherwise states that bodily injury claims against relatives are excluded.

If you have been in an accident and would like a free consultation regarding your rights, please call us at 561-483-9199; or 954-755-2120; or 305-981-1561. We only charge fees if we recover money for you. We have our principal office in Boca Raton and satellite offices in Miami, Coral Springs, Lake Worth, Boynton Beach and West Palm Beach.

Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.

Who fixes your car in a car accident in Florida?

Gary Drucker — Mon, 07 May 2012 13:30:46 +0000

There are several ways to get your car fixed after a car accident.

First, if the other driver is at fault, you may get your car fixed through their property damage coverage. Property damage coverage is insurance coverage that indemnifies (pays for) the car driver/insured for damages they inflict on someone else’s car. Fault matters with this coverage as it will only pay to fix the other car if the insured/driver is at fault. There is no deductible with property damage coverage, only a limit to the amount of coverage. Once the other car insurer acknowledges fault (this would be done after their investigation which would include talking to the other driver), then they will generally fix your car and put you in a rental car during the time in which it is fixed. This assumes that the damages to your car are within their property damage coverage (Florida law requires minimum of $10,000 of property damage coverage.

Second, if there is an issues of fault or if you are at fault or if the other person does not have enough insurance to fix your car, and if you have collision coverage under your policy, then you can get your car fixed through your own collision coverage. Collision coverage generally is insurance that will fix your own car, no matter who is at fault, so long as it is damaged in a car collision. There is generally a deductible with collision coverage – $250, $500, or $1,000 usually. This insurance will fix your own car when you are at fault, when there is an issue of fault between the drivers or when you are not at fault but the other person does not have insurance or enough insurance. Rental coverage is not included within collision coverage generally and must be purchased separately.

Lastly, if you were in an accident and were at fault and you do not have collision coverage, then there generally will not any coverage to fix your car and you will have to fix it yourself.

If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 561-967-3840 (Lake Worth satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. We only charge fees and costs if we recover money for you.

Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the slightest difference in the facts could change the result. Also, this blog is, as the web site name suggests, based on Florida law and the laws of any other state could vary significantly from Florida. Also, please consult your insurance agent regarding the specific language in the coverage that you have purchased for your car. The information here is general in nature and an insurance policy is a contract that is based on the language used, so please be sure to read your policy or go over same with a lawyer to determine exactly what your insurance policy covers.

Bodily Injury Coverage in Car Insurance – What does this mean in Florida?

Gary Drucker — Mon, 16 Apr 2012 13:50:41 +0000

Generally, bodily injury coverage is insurance coverage that indemnifies the insured against a judgment for bodily injury. Said another way and in the car insurance context, bodily injury coverage protects the person who purchases it by paying someone else for the injuries sustained in a car accident caused by the person that purchased the coverage. When you purchase car insurance with bodily injury coverage, you are protecting yourself in that if someone makes a claim against you or sues you for an accident during the policy period, then your bodily injury coverage pays the other side for their injuries (up to your coverage limits) and also pays any defense costs associated with such case (in other words, the insurance company hires a lawyer to defend you in court if the case cannot be resolved amicably). From the perspective of someone who is injured in an accident, they would want to see the bodily injury coverage of the car that was at fault in the accident. That policy protects the at-fault driver from suit by paying the injured person for their injuries. Obviously, when you are in an accident, you do not have control over what insurance the other car purchased. This is where it is important to have uninsured also known as underinsured motorist coverage, which can protect you. Uninsured or underinsured motorist coverage are discussed in other blog entries on this site.

If you have been in a car accident, please call Drucker Law Offices at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office) for a free consultation. We only charge fees and costs if we recover money for you.

Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.

In Florida, do I need a police report before I see a doctor following a car accident?

Gary Drucker — Mon, 09 Apr 2012 13:08:38 +0000

There is no requirement, in Florida, that you need a police report in order to see a doctor following a car accident. It is possible that a doctor office would want to see the police report first or to get your automobile insurance PIP (personal injury protection) claim number, before setting up an appointment. In a case where you are making a claim against the other driver who is at fault, in addition to proving liability or fault, you also must prove damages (medical bills, pain and suffering, etc.) and causation (that the accident caused the injury). In terms of causation, it must be shown that the damages claimed were caused from the accident and therefore it is NOT a good idea to delay getting to a doctor. Many clients tell me that they waited for the full police report before going to the doctor but sometimes it takes 5 or more business days for the full police report to be ready and then the client suffers in pain while waiting for the police report and also make their injury case more difficult, as it begs the question of why they waited a week to go to their physician. Thus, if you have been in an accident, are injured and want to see a physician, it is NOT required that you obtain the police report before seeing a doctor.

If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120 or 305-981-1561 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth, and West Palm Beach.

It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

I injured my neck in a car accident and have been treating with a chiropractor; how much is a case like that worth?

Gary Drucker — Mon, 02 Apr 2012 16:21:04 +0000

First of all, to have an automobile injury case in Florida, you must prove liability, causation and damages. There is no reference to liability, so for purposes of this answer, it will be assumed that there is another car that is at fault. It is very difficult to know the value of an injury case, especially when there are so few facts established. For example, how much damage is there to the cars? What exactly is the injury to the person’s neck? What did the MRI report say? Was there prior neck injury or a prior MRI report of the neck? How much bodily insurance does the other car have? Does the client have uninsured/underinsured motorist coverage? Did the client go to the hospital? When was the first visit to the doctor? As you can see, there are a lot of factor that go into the value of a case and these questions are just some of them.

At Drucker Law Offices, attorney Gary Drucker helps people that are injured in car accidents and other injury cases. Please call for a free consultation. Drucker Law Offices has offices in Boca Raton (principal office), Coral Springs, Miami, Boynton Beach and West Palm Beach. The phone numbers are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County.

Every case is different and must be judged on its merits. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advise contained in this blog is intended to be of general matter and not as to a specific situation, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.

If you have any questions regarding an injury case, please call Drucker Law Offices at 561-483-9199 in the principal office in Boca Raton, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office or 561-686-7070 at the West Palm Beach office.

Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.