Personal Injury Claims

Personal Injury Claims in Tampa, FL

injured armIf you have recently sustained personal injuries after being involved in an accident in the Tampa area, it can be confusing to determine where to begin to pick up the pieces. Whether you need medical care for injuries that resulted from the accident and don’t have health insurance or just don’t have the financial means to recover from your accident, there is help available. Your first step should be to meet with a Tampa Personal Injury Attorney Jack Bernstein at Jack Bernstein, Injury Attorneys. For nearly three decades, Jack Bernstein has handled more than ten thousand cases related to personal injury claims. To make an appointment today, call (813) 333-6666.

We realize that taking time out of your busy schedule to meet with an attorney isn’t always easy and that’s why we’re willing to meet at a place that is convenient for you. Whether you’re more comfortable meeting at your place of work, office, home, hospital, coffee shop, or even Dunkin’ Donuts, we’ll come to you. There’s no need to worry about having money on hand for the consultation, either. Attorney fees will only be due if we win your case.

Insurance Adjusters Don’t Represent You

During the course of your personal injury claim, your insurer will assign a claims adjuster licensed in the state of Florida. Don’t make the mistake of thinking that the insurance adjuster is representing you! In fact, the claims adjuster’s primary goal is to save the insurance company–their employer–money. Luckily for victims of personal injury, Florida State Law states that an injured party can only be represented by a lawyer. Neither your insurance company nor your agent represents you.

Related: How to sue for Personal Injury in Tampa, FL

On rare occasion, an insurer may hire a Tampa Personal Injury Insurance Representative to serve as a claim adjuster. While working your personal injury claim, the adjuster’s main goal is to pay out the least amount of money possible. In fact, insurance companies only issue checks when the State of Florida forces them to do so. Since they were created for the sole purpose of making a profit, they never issue payment for more than what they are required to pay by law. Since insurance companies are primarily concerned about how to make the biggest profit, they aren’t generous with personal injury accident victims in the Tampa area.

Once the file is closed, the insurance company will conduct a file review just to make sure they didn’t issue an over payment. They are especially pleased when they manage to get away from a claim by paying very little or nothing. Don’t expect your insurer to help you find a Tampa area doctor or chiropractor for your medical care. If you need medication or are losing your income, the insurance company will refuse to grant an advance on money. They will make things difficult for you and weaken your personal injury case by postponing car repairs and delaying your medical care.

Let a Professional Handle Your Personal Injury Claim

Man dealing with personal injury case in Tampa, FLTrying to work your personal injury claim without the help of a Tampa Personal Injury lawyer isn’t a good idea. To be successful, you should acquire the help of an attorney who has ample experience working personal injury accidents in Tampa. By doing this, your likelihood of getting the largest possible settlement and excellent, hassle-free medical care increases tremendously.

Under the supervision of a lawyer, one of our case managers will guide and assist your property damage recovery efforts. You will also have the help of a paralegal who will assist you with any legal release forms you may need to complete. Once filled out, these forms will be read by one of our many skilled Tampa personal injury lawyers, who have had a great deal of experience with personal injury accident claims.

Since a general release form could potentially cost you the right to win any money from your personal injury claim, it is imperative that the correct release form is used for your damaged property and is then reviewed by a lawyer. Our past experience has involved accident cases during which insurance adjusters sent the injured party a general release form to settle the damaged property. If the victims had signed those forms, they would have unknowingly released the insurance company from having to make any further payment on the individual’s personal injury case. Since we were able to change the legal wording on these documents, we were able to help the victims get the settlements they deserved.

Victims should never work on their own personal injury accident cases because the outcome will most likely not be good. Occasionally, our office will receive a call from an individual after they have tried to handle their personal injury claim on their own and run into issues with their insurance company. Generally, by that point, the representative from the insurer has weakened or irreparably damaged the case with statements they have taken and delays to the victim’s medical care. When this type of situation arises, our law office will not accept the case.

Although you may want to get your personal injury accident claim over as quickly as possible, hurriedly rushing into a settlement could be disastrous. The first step you should take when experiencing pain caused by your accident is to seek medical attention from a Tampa Medical Doctor or chiropractor. You should seek care from a medical provider who has ample experience handling trauma-induced injuries arising from personal injury accident cases. Additionally, you may need to take steps at home to further your recovery. Items such as hot packs, massage, and electrical stimulation can be therapeutic and help speed up recovery time. It is important that you don’t wait to treat your injuries since they may worsen over time instead of improving on their own.

When you go to a medical professional to have your injuries assessed and diagnosed, your doctor or chiropractor should make use of their trauma injury training and perform tests to determine the extent of your injuries. They may perform one or more diagnostic tests such as a Cat scan or MRI to search for internal injuries and hidden causes of pain that aren’t viewable on an x-ray. One of the most common causes of pain resulting from a personal injury accident is disc herniation in the spine. This is a very serious condition and shouldn’t be taken lightly because herniated discs often require epidurals or surgery in order to improve. Furthermore, it is important not to delay medical care after an accident because you could potentially have brain bleeding or nerve entrapment– two conditions which will only continue to worsen as time passes. These are just a few of the many reasons why you should never rush into settling your own personal injury accident.

Handling Medical Bills During Your Settlement

When you go to the doctor and don’t have health insurance, the office will typically require you to pay with a check or credit card before you will be allowed to see the doctor. However, after being involved in a Tampa personal injury accident, it is even more difficult to pay medical bills if your injury has prevented you from working full time or has kept you out of work altogether. When you use one of our experienced and knowledgeable attorneys, you will be guided through this process and learn about the importance of letters of protection. This document, when signed, will indicate to your doctor’s office that they will receive payment from your settlement if you don’t currently have health insurance. Most of the healthcare providers you may see, such as an MRI center, orthopedic doctor, or other medical provider will give you the medical attention you need and wait to receive payment until your settlement has been received and your case is closed.

This is just one of the many reasons it’s a good idea to work with one of our knowledgeable personal injury attorneys, like Jack Bernstein. With over 37 years of experience, Mr. Bernstein has worked on many cases involving signed letters of protection. If our office takes your case, we will ensure that your doctor receives a letter of protection signed by one of our lawyers. This will give your physician confidence that he or she will receive payment when your case is settled.

Every lawyer in the state of Florida is required to adhere to the Florida Bar Rules of Professional Responsibility. So, when a settlement is paid out, your lawyer will be required to issue payment to any healthcare providers in possession of a signed letter of protection. However, if your lawyer has refused to sign a letter of protection for your doctor, you may not be able to get the medical attention you need.

If you decide to handle your Tampa personal injury accident case on your own and don’t have health insurance, you may not be able to find a doctor who will see you without an upfront payment. Since you aren’t bound by the Florida Bar Rules of Professional Responsibility, your doctor has no assurance that he or she will be paid when your case is closed. This means it could be necessary for your doctor’s office to file a lawsuit against you in order to be compensated for the medical care you received during the course of your personal injury accident case. Of course, your doctor would prefer to not take this course of action. So understandably, you are more likely to get the medical care you need when you work with a lawyer.

Related: Determining How Much Your Personal Injury Case is Worth

Tampa, FL Personal Injury FAQs

When you’re the victim of a personal injury accident, you need answers. Here are the FAQs that our Tampa personal injury attorneys want you to know.

What is personal injury?

A personal injury is when someone gets hurt because of the wrongful actions of others. The injury may be an accident, or it may occur intentionally. It occurs when a party fails to use reasonable care and caution that an ordinary person should use in the same situation. A personal injury gives the victim a legal cause of action to claim compensation from the party or parties responsible for their injuries.

What is a personal injury claim?

A personal injury claim is a legal action that demands compensation on behalf of a victim. It is a civil legal action that the victim initiates on their own behalf. The defendant must respond. Then, the legal process begins to build evidence in the case. Most personal injury claims end with a settlement. However, the victim has a right to a trial in order to demand adequate compensation for their injuries.

How are personal injury settlements paid out?

Personal injury settlements are generally paid out in the form of a check from the responsible party to the victim or their attorney. However, there may be an insurance company that makes the payment. The parties may agree to structure the settlement to cover long-term expenses or in trust for the protection of a minor. In addition, there may be a lien on the settlement for payment of medical bills.

Where are personal injury cases filed in Tampa, Florida?

Personal injury cases in Tampa, Florida, are filed in the Hillsborough County District Court or the 13th Circuit Court. If the claim is for less than $30,000, it originates in the county district court. If the case is worth $30,000 or more, file it in the circuit court. If you are outside of Hillsborough County, you file it in your county court or the appropriate circuit court.

What are the sources of personal injury law in Tampa, Florida?

Personal injury laws in Tampa, Florida, come from the following sources:

Laws for a Tampa personal injury case come from a variety of sources. Some laws apply to all cases. However, there are also unique issues that may be critical to a specific case. It’s important to identify the laws and rules that apply to the case in order to advocate effectively for a victim.

How long does a personal injury lawsuit take?

How long a personal injury claim takes can vary. A personal injury lawsuit takes anywhere from several weeks to 18 months or more. In a simple case, injuries are temporary and easy to value. Legal fault is apparent. This kind of case lasts only until the parties can process the paperwork, which may still be several weeks.

A case with complex injuries, significant pain and suffering or questions of fault may take 18 months or even longer. In this time, your attorney builds the strength of your case, values long-term damages and prepares your legal strategy. Ultimately, this preparation can put you in a strong position to reach a settlement.

The time it takes to settle a personal injury case is not indicative of the case’s strength. Once a case ends, it cannot be reopened if circumstances change in the future. For this reason, thorough work is needed upfront to ensure that a victim receives justice for their damages.

Will my personal injury case go to trial?

Most personal injury cases do not go to trial. With careful preparation and discovery of evidence, you can determine the approximate value of the case. The other side can realistically value the case, too. Most of the time, there is a meeting of the minds where the parties can reach a settlement. However, it’s up to you to choose whether to take a settlement or go to trial. You have the right to demand a jury trial.

What is personal injury protection?

Personal injury protection is a form of car insurance that pays a person in a car accident regardless of who is at fault. It is insurance that a driver takes out for themselves. Then, if an accident occurs, personal injury protection pays the driver up to the policy limit.

The driver doesn’t have to prove who is at fault. Plus, they don’t have to prove that the other driver doesn’t have insurance. Personal injury protection is a form of car accident insurance that protects a victim regardless of fault.

Do I need a personal injury lawyer in Tampa?

You need a Tampa personal injury lawyer if you have significant injuries from an accident. An attorney creates an informed legal strategy that’s crafted for your success. They can tailor your case to your individual goals and take steps to keep the litigation moving quickly. Ultimately, they are your guide to managing the case from start to finish and ensuring that you get the justice you deserve.

How do I find a personal injury lawyer in Tampa?

To find a personal injury lawyer in Tampa, contact them for a consultation about your case. You explain what happened and why you need help. They explain the law and answer your questions. They tell you about the legal process and what they do when they represent you.

If you want to work with the attorney, you sign a written agreement that clearly explains contingency fees and how representation works. Don’t be afraid to ask questions when you meet with a personal injury lawyer for the first time! You should be comfortable with your legal team and how they will represent you throughout your case.

Do your Tampa personal injury attorneys offer free consultations?

Yes, our Tampa personal injury attorneys offer free consultations! If you’ve been injured in an accident, contact our friendly and professional legal team today. We’re ready to help you get the compensation you deserve.

It’s Easier to Get a Loan When You Retain a Lawyer

Many victims of Tampa personal injury accidents find themselves in need of a loan to help make ends meet. However, without the assistance of a lawyer, this can be difficult to do. Much like a doctor’s office, a loan company has no guarantee that you will repay the loan after your case has been settled unless you have an attorney. However, if you have hired a lawyer to work your personal accident injury case, a loan company will be more likely to lend you money. Since they can have your lawyer sign a letter that will force him to issue a payment out of your settlement money, they are more comfortable with this type of transaction.

The Advantage of Using a Tampa Personal Injury Lawyer

Yet another reason to hire an experienced personal injury lawyer in Tampa is the fact that you will have much more help in combating the insurance company’s strategy. When you file your personal accident injury claim, the insurance company will create a team comprised of an adjuster, his or her supervisor, and a claim manager. This team works together in an effort to get you to accept the smallest settlement figure they can create. Furthermore, they will discuss your apparent lack of a lawyer, which will prevent you from filing a lawsuit in Broward County Circuit Court. Without the looming threat of legal ramifications, they will happily offer you the smallest settlement amount possible.

Increase Your Settlement With a Personal Injury Lawyer

When you hire a knowledgeable and experienced Tampa personal injury lawyer to assist you with your claim, you are more likely to receive much more settlement money. Our lawyers help add value to your settlement and have helped tens of thousands of personal injury accident victims get the money they deserved. Not only can we help improve the outcome of your case by using the best strategy for your situation, but we also do everything we can to ensure you get the maximum settlement amount.

You may be concerned about how much money you’ll have left after paying lawyer fees. The short answer is: a lot. Even after paying their lawyer, our clients frequently wind up having much more money than they would’ve been awarded if they had handled their claim on their own. Since our office works on a contingency basis, you won’t have to go out of pocket to pay lawyer fees. We don’t get paid unless you win.

If you want to reduce your stress, avoid problems, and get the most money possible, hire one of our personal injury lawyers like Jack Bernstein. He has decades of experience handling this type of case and give you all the guidance you need. To make an appointment today, call the Tampa Personal Injury Law Office of Jack Bernstein, Injury Attorneys at (813) 333-6666.

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