Frequently Asked Questions
What do I have to pay for legal services? How much will my case cost? When should I hire a lawyer? How much is my case worth? Who will pay for my medical expenses? How can I claim lost wages? What is a Letter of Protection (LOP)? What is bodily injury (BI) coverage? What is uninsured motorist/underinsured coverage (UM)? What is an MRI? What is maximum medical improvement (MMI)? How long will it take to resolve my case? What is mediation? What is a statute of limitation? My loved one died as a result of an accident. What can I do? What do I have to pay for legal services?
Our personal injury cases are handled on a contingency fee basis. This means that the legal fee is a percentage of the client’s total recovery. If there is no recovery, there is no fee.
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There is no exact answer to this question since every case is different. In most cases, Rivas Law Group, L.L.C. will pay expenses in your case for which you are responsible if you win. You are not responsible for costs unless there is a recovery.
back to top When should I hire a lawyer?
You should not delay in hiring an attorney. The sooner a lawyer is involved in your case, the better. Your lawyer can advise you on important issues such as filing your insurance claim. Your lawyer can help you in getting your vehicle repaired and claim lost wages for time missed from work. Finally, your lawyer can promptly begin investigating the accident to determine liability.
back to top How much is my case worth?
There are several factors that determine case value. Be wary of anyone who promises a specific dollar amount. At Rivas Law Group, L.L.C., we weigh all factors involved in the case to determine case value and discuss those issues with the client. The case may ultimately settle at a dollar figure that reflects a fair negotiation between the client and the insurance company. Alternatively, damages are awarded by a judge or jury.
back to top Who will pay for my medical expenses?
Under Florida Law, individuals who are injured in an automobile accident may be afforded Personal Injury Protection (PIP) coverage. This benefit is mandatory under Florida Law and does not affect your insurance premium. Under PIP, you receive coverage for medical expenses up to $10,000. Once your PIP is depleted, your health insurance is responsible for extending coverage. Alternatively, your health care providers may agree not to pursue payment of your medical bills until your case is resolved. Your lawyer can assist you with this.
back to top How can I claim lost wages?
Not only does Florida’s Personal Injury Protection (PIP) law provide coverage for medical expenses, it also extends benefits for lost wages. Your PIP will cover 60% of your lost wages if you are unable to work as a result of your injuries. There are forms that both your doctor and your employer must complete before such coverage is extended. Your lawyer can assist you with this. Your lawyer will also pursue a bodily injury claim on your behalf to pursue the remaining 40% of lost wages.
back to top What is a Letter of Protection (LOP)?
A Letter of Protection (LOP), is a written agreement between a health care provider, the patient, and the patient’s attorney, which suspends the provider’s collection of medical bills until the conclusion of a personal injury case. This way, the patient can take comfort in knowing s/he will receive the medical attention s/he needs without fronting the cost of medical expenses. It is important to note that although a LOP effectively suspends the collection of bills, the provider’s bills are not contingent upon settlement and the client remains responsible for payment even if the case is not resolved in their favor.
back to top What is bodily injury (BI) coverage?
Bodily Injury Liability (BI) compensates injured parties for serious and permanent injury or death caused by the insured. It is important to note that BI coverage is an optional coverage in the State of Florida, which the insured may purchase in different coverage amounts. The insurance policy contains important information about Bodily Injury Coverage, including any applicable policy exclusions. Although BI coverage benefits third parties who sustain injuries caused by the insured, it also provides protections to the insured. When a BI claim is made, the insurance company is responsible for defending the claim on behalf of the insured, hiring legal counsel and paying the claim.
back to top What is uninsured motorist/underinsured coverage (UM)?
Uninsured Motorist coverage is an optional automobile insurance coverage that pays for the injuries sustained by the policyholder but caused by another motorist. Bodily Injury coverage is an optional coverage in the State of Florida. Therefore, many drivers in Florida operate vehicles without carrying any bodily injury coverage to protect others in the event that they cause an accident. UM coverage is very important because it allows the insured to file a claim with their own insurance in the event that the negligent driver does not have any coverage. Without UM coverage, the injured party cannot make any claim for injuries if the negligent driver does not have BI coverage.
back to top What is an MRI?
Magnetic Resonance Imaging (MRI) is a diagnostic tool that uses a large magnet, radio wages and a computer to scan the body. It produces detailed images that cannot otherwise be detected in an x-ray exam. An MRI study is able to differentiate between soft tissues and is particularly useful for diagnosing head, spine and musculoskeletal injuries.
back to top What is maximum medical improvement (MMI)?
Maximum Medical Improvement (MMI) is a medical term, which means that the patient’s health is stabilized and is as healthy as he or she can be. This does not necessarily mean the patient’s health has returned to their pre-accident state, it just means they have benefited all they can from medical treatment. Often times, the treating physician will produce a final narrative report once the client reaches MMI. The doctor may opinion that the patient has sustained a permanent injury as a result of the accident and assign an impairment rating in accordance with the American Medical Association guidelines. Consequently, the narrative report is often a powerful tool for negotiating with insurance companies.
back to top How long will it take to resolve my case?
Every case is different and there is no set time frame on how long it takes to resolve a case. With this in mind, your lawyer should act promptly on your behalf to identify all potential insurance coverages, investigate liability and gain a clear understanding of your injuries.
back to top What is mediation?
Mediation is a process in which all parties work toward resolving the case. Mediations occur in the presence of a neutral party known as a mediator whose job is not to rule in anyone’s favor but to assist the parties in reaching an agreement. Each party has an opportunity to present their side of the case both in the presence of their adversary and privately with the mediator. The role of a mediator is to work with both sides toward reaching a common goal. In a personal injury claim, this means achieving a settlement for a dollar amount both parties can agree on. In Florida, all cases in litigation are required to undergo mediation before trial.
back to top What is a statute of limitation?
A statute of limitations is essentially a deadline, which requires the plaintiff to file a lawsuit within a certain period of time. The statute of limitations differs, depending on the type of case and is governed by statute. In Florida, the statute of limitations for most personal injury cases is 4 years. In a wrongful death action, the statute of limitations is 2 years. It is important to note that the statute of limitations can differ, depending on the nature of the case such as whether a contract exists between the parties or whether the defendant is a governmental entity.
back to top My loved one died as a result of an accident. What can I do?
In Florida, the wrongful death statute governs wrongful death actions brought against the responsible party. The statute identifies the decedent’s survivors which include the decedent’s surviving spouse, children, parents and other blood relatives. A wrongful death action can only be brought by the appropriate survivors. The statute further outlines the different types of damages the survivors can recover. Because the statute of limitations for a wrongful death action in Florida is only two (2) years, it is important to seek legal counsel immediately.
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