Do some homework. Research the law firm you are considering, and ask questions. Be sure they are experienced in the area of law that applies to your situation. Make sure they have sufficient resources to fight large insurance companies and corporations, and are fully capable of taking a case to trial. Find out if they will handle your case themselves, because in some cases, attorneys pass your case to another firm, or may have a paralegal handle your case.
The most important thing you can do for your case is to provide your attorney with any and all information that pertains to the case in any way. Sometimes information that seems insignificant may prove to be significant. Let your lawyer decide what is relevant or not relevant, and give them full information about yourself, your history and background, your medical care, etc. If you are under medical care, it’s important to follow all of the doctor’s recommendations and be a ‘model patient’. Avoid speaking to insurance adjusters without advisement by your attorney. Lastly, family members may advise you as they wish to be helpful, but it is best to follow the expert legal advice of a qualified legal professional.
This is the legal term used in cases where injuries have been sustained, and compensation is being sought. The term ‘personal injury’ means any harm, illness or injury that a person sustains as a result of any occurrence or accident. As personal injury lawyers, we specialize in this area. (Note that Auto Accidents, Premises Liability, and Insurance Bad Faith fall under Personal Injury.)
Some injuries have causes that are clearly obvious. Others can be caused by multiple factors and entities. The only way to determine whether you have a legal case is to consult with an experienced personal injury law firm. The consultation is free, and you will be informed whether you have grounds for a lawsuit.
Personal Injury Lawsuits are handled on a contingency basis. This means that when and if we are successful in winning your case, only then will we collect our fee, as a percentage of the total recovery. An attorney's services normally involve research, investigation and case preparation. Contingency fees are regulated by the Florida BAR organization (www.flabar.org). We will always discuss our fees prior to beginning your case.
Our consultation with you is provided at no charge, so it never hurts to find out how Alpizar Law may be able to help you. Most often, we are able to achieve better resolution than you would receive on your own. Remember that no matter how nice insurance adjusters sound on the phone, their goal is to pay you as little as possible. The insurance company isn’t necessarily concerned about what is best for you. They rarely clarify your legal rights, and may not even fully understand them. And they may not give you a fair assessment of the value of your case. They count on the fact that you will accept their offer – even when it’s not enough to cover all your expenses long term, as well as pain and suffering and reduced quality of life.
An experienced attorney will find every category of damages that applies to your case, and determine how to support those damages with admissible evidence.
Each case is individual. Cases can last for several months or even up to several years depending on your case’s circumstances. Your attorney will discuss your case specifics.
There are two types of damages that can be recovered in a lawsuit. Compensatory damages "compensate" the injured person for various losses (wages, medical bills, etc.). These are sometimes called “actual damages.” Attorneys ask juries to award ‘reasonable compensation’ for the injury suffered.
Punitive damages may also be recoverable in certain circumstances. The purpose of punitive damages is to punish (and make an example of) a company or organization whose harmful act was intentional or negligent. Punitive damages also come into play when the guilty party has acted in a reckless manner, with disregard for the health and safety of others. The actual payment of punitive damages is rare, and appellate courts frequently reduce the amount of the punitive damages, or simply toss them out. But the threat of punitive damages will often induce the defense to offer a higher settlement.
No, your attorney can not settle your case without your approval. Only you have the right to make the final decision regarding settlement of your case. Your attorney will notify you of all other offers of settlement before and after the trial. You should consult with your attorney regarding whether to accept a settlement.
Each auto case is unique. If someone else’s negligence caused the accident and resulted in injuries, your attorney can help you obtain payment you are entitled for medical expenses, future medical expenses, lost wages, future lost wages and pain and suffering.
The police should immediately be called so that a report may be made at the scene. Medical treatments should be immediately received for any injuries that you may be suffering from. Keep in mind that the shock of being in a collision many times hides any pain until hours or even days later. Do not admit fault or otherwise speak to the other party except to exchange insurance and personal information. If possible take pictures or make notes about the accident. Gather contact information from any witnesses. After the accident, do not speak to the at-fault driver's insurance company about your injury or do not consent to a recorded statement. Seek the advice of an attorney as soon as possible.
You should not take any settlements offered by an insurance company without first speaking with an experienced lawyer. Insurance companies typically offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.
Uninsured Motorist Protection should seriously be considered and may be one of the best bargains in auto insurance. In effect, you are establishing insurance coverage for those situations in which the at-fault driver is uninsured or insufficiently insured. If you or someone else under your policy was seriously injured, a claim could be made against your own carrier for all damages recognized by the laws of Florida.
No-Fault insurance does not mean that you are prevented from making an injury claim against an at-fault driver. “No-fault” means that your insurance company is the first and primary insurer to pay for your medical expenses and lost wages, regardless of fault.
Yes. Although the same laws of negligence will apply, there are special Vehicle Code sections which apply only to commercial truck drivers and trucking companies and there are special licensing and training requirements of truck drivers which generally make truck accidents harder to defend and easier to win for plaintiffs.
One thing you have to know is that you are not negotiating on level ground when dealing with a trucking company after an accident. Most trucking companies are highly skilled at auto truck accident investigation and claims practice. These adjusters represent the truck company, not you. Do not give them any type statements or sign any releases for medical records or employment records. Often the medical release allows the adjuster to talk to the doctors without you or anyone being present.
Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations which govern commercial motor vehicles and the companies who operate these vehicles. Their stated purpose is to attempt to make the interstate highways safer.
Yes. Since 1939, Federal law has placed restrictions on the "hours of service" that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. These rules are designed to promote safety by helping to ensure that truck drivers are getting the needed rest to operate their big rigs safely.
Yes. Federal law requires commercial vehicles traveling in interstate commerce to carry $750,000 of insurance for bodily injury and property damage. Most State laws also impose minimum insurance requirements on trucks not covered under Federal law.
Yes. It is critical. If the truck was commercially owned, in most situations large trucking companies will perform their own investigation immediately after the accident. This puts you at a vast disadvantage. It is important that you retain an attorney who immediately investigates the case to attempt to pin down liability on any potential at-fault defendants.
A premises liability claim involves an injury on someone's property. These cases are often referred to as "slip and fall" claims. These cases include persons injured inside department stores, specialty stores, restaurants, grocery stores, banks, hospitals, and other buildings open to the public. These claims also include injuries that happen outside a building such as a sidewalk, parking lot, common area, stairs, elevator, or on the grounds of the building or property.
If we can prove the following:
That the property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual.
That there is causation, meaning that the property owner’s specific act or acts of negligence caused the alleged injuries and damages
That there are substantial damages which justify pursuit of such a case.
Negligence is the “commission of a civil wrong, a tort that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.”
You have two years from the date of the death to file a wrongful death lawsuit. If you have any questions about a potential wrongful death case, you can contact our firm for a free, no obligation consultation.
Palm Bay Man Injured in Auto Accident Awarded $611,000 by Brevard County Jury
March 24, 2009 – Brevard County, FL – On Monday afternoon a Brevard County jury awarded Palm Bay resident John Franck more than $600,000 in damages for injuries he has been suffering from since an auto accident with an uninsured motorist on May 17, 2006.
As a local private boat captain and avid fisherman, Mr. Franck found it very difficult to function as he once did before the accident. Before the accident, he fished tournaments all over the world and is now plagued by constant pain in his neck and back, which has drastically affected his livelihood. Music has also been an intimate part of John’s life for the past 30 years. He is the drummer in a popular local band, Pinch, and his injuries make it extremely difficult and painful for him to play music.
In the accident he sustained a number of injuries, including multiple herniations to his neck, mid-back and low back. A herniation is when the “cushion” between vertebrae is pushed out of place. This causes pressure and pinching on any number of nerves. The result is pain similar to that of an electric shock and feelings of numbness and weak muscles, among other symptoms.
“We are extremely thankful to the jury for their time and attention over the past week. Clearly, justice has been done and John will be able to receive the medical care he requires, and we are hopeful that John will be able to return to the life he once led,” said Mr. Franck’s attorney David Alpizar.
“This is another case of a man who was injured in an auto accident, and the driver at fault failed to carry adequate insurance coverage to protect others on the road. Sadly, John was the victim here. Uninsured motorists are all too common in Florida. John’s own insurance company refused to help cover the cost of the medical care his doctors advise he needs. It is always unfortunate when an insurance company fails to live up to its responsibilities and obligations, especially when it involved insurance coverage that John paid a premium for to protect himself in this exact type of situation,” added Mr. Franck’s attorney, O. John Alpizar.
Mr. Franck’s attorneys from Alpizar Law filed suit against State Farm Mutual Automobile Insurance Company in Brevard County, Florida. After a five day jury trial, Mr. Franck was awarded $611,710 in damages.
O. John Alpizar is the managing partner and David M. Alpizar is an attorney at Alpizar Law, LLC. The personal injury, wrongful death and insurance bad faith firm, founded in 1983, is headquartered in Melbourne/Palm Bay, Florida, at 1528 NE Palm Bay Road. John and David Alpizar can be contacted at (321) 676-2511. Additional information about Alpizar Law, LLC, may be obtained from the firm's website at www.AlpizarLaw.com.
