FREQUENTLY ASKED QUESTIONS

What do I do if I'm involved in a motor vehicle accident?

How do I know if my case is worth pursuing?

Do I have to pay for a consultation fee?

What if I am injured by someone who does not have insurance?

What is a letter of protection?

What is MMI and Permanent impairment Rating?

How long will it take to bring my case to a conclusion?

How much is my case worth?

What does "file a lawsuit" or "litigate" mean?

How much time do I have to file a lawsuit after being injured?

What can I expect from a lawsuit?

Why do I have to pay back Medicare/Medicaid?

Why do I have to pay back my Health Insurance Company?

WHAT TO I DO IF I AM INVOLVED IN A MOTOR VEHICLE ACCIDENT?
The Law Offices of Jamie L. Allen, P.A. cares about you and your wellbeing.  We know this can be a very trying and difficult time for you and your family so it is important to know what to do after an injury has been sustained.

First, Stop and Do Not Leave the Scene
Call the Police to report the accident.  Notify oncoming traffic to proceed with caution by turning on hazard lights, raising your hood and/or setting out flares. 

Determine the Extent of Injuries
Try to stay calm.  Do not refuse medical attention at the scene of the accident.  It is always best to be examined by a medical professional to determine the extent of your injuries, even if you think they are minor.  Victims are often in some form of shock after an accident.  The shock can often mask serious injuries, and the injured may not feel any pain.  Most people even deny being hurt because they don’t want to make a “big deal” out of the accident.  This is a trick the insurance companies use against them when settlement time comes.  The insurance companies claim “If your client was hurt in the accident, why didn’t he or she go to the doctor right away?” Don’t let them win this argument; get the medical attention you need as quickly as possible.  

File an Accident Report with the Police
Make sure to file a Police Accident Report even if you think the accident is minor.  Symptoms may arise days or months after the accident, therefore, it is vital to fully complete the report.  You should not try to negotiate a payment agreement with the other parties to try to settle damages.  Doing it on your own without a crash report from a law enforcement officer could result in your not being fully compensated for damages and can expose you to personal liability since no official report of the crash exists and circumstances become your word against theirs.

Only Discuss the Accident with the Police
It is important to try to stay focused when talking about the accident.  Please limit your conversation of the accident and do not discuss fault or liability with anyone other than the Police officer.  You should confer only with the Police at the scene.   Never personally confront an at fault party as you may be dealing with a violent individual.

Get the Facts
Remain calm and get the names, addresses and phone numbers of everyone involved in the accident.  It is extremely important to write down the description of the car, license plate number, vehicle identification number and auto insurance company information from the car that hit your vehicle.  It is also important to write down the names, addresses and phone numbers of any witnesses who may be present.  Please also note the driving conditions, speed limits, traffic, weather and what the vehicles were doing at the time of the accident.  Take your time and write down All the Facts you can acquire.

Call Your Insurance Agent
Call your agent or insurance company’s 800 number immediately. (The telephone number is usually located on your insurance card.)  Sometimes the Police officer can assist in giving your insurance company more accurate information under the circumstances.  This can save valuable time with processing your claim.  Do take and keep detailed notes of all conversations with your insurance company representative.  Get the names, phone numbers, and job titles of people you speak with, including their supervisors name.  Be honest with your insurance company.  Failing to be candid with your insurance company might invalidate your policy or cause a denial of coverage.

Schedule an Appointment with The Law Offices of Jamie L. Allen, P.A.
As soon as possible after the accident, talk with Jamie L. Allen, Esquire about protecting your legal rights.  It is very important to be informed of your rights before giving any statements to insurance adjusters. In personal injury cases, you are often entitled to much more than just having your car repaired and your medical bills paid. We are familiar with the tactics that the insurance companies use and we work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

Jamie L. Allen, Esquire has significant experience with cases like yours. We work hard to reach the best settlements for our clients, as early in the litigation process as possible. We can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, we may counsel you that it is in your best interests to wait for a more appropriate offer. We are used to working with insurance companies and will not feel pressured to settle for an unsatisfactory amount. If the insurance company refuses to make a fair settlement offer, Jamie L. Allen, Esquire will file suit on your behalf and zealously represent you in court and work toward achieving the best possible jury verdict in your favor.

Make an Appointment with a Physician
Even with being examined at the scene of the accident or nearby hospital, it is important to see a physician who specializes in treating injuries following your accident for your own piece of mind.  Jamie L. Allen, Esquire can refer you to a physician in your area who specializes in treating accident victims.  Waiting to see a doctor can delay treatment and aggravate your injury.  The longer you wait for medical treatment, the more difficult it will be to connect the injuries to the accident.  Do not give any incorrect statements to any doctor who may treat you with respect to any prior injuries or accidents, if you don’t remember, say so.

Follow Your Doctors Instructions
Make sure that you follow your doctor’s instructions.  Money cannot ever replace good health, so you want to follow your doctor’s advice and treatment plan. You want to recover from your injuries as quickly as possible.  Your doctor will keep track of your missed appointments and any deviations from your treatment plan.   When we provide the medical records to the insurance adjuster, they will be able to see these inconsistencies.  There is never a reason or excuse to miss a doctor’s appointment.  By missing a doctors appointment, you are saying to the insurance company that you don’t hurt and that it doesn’t matter that much.  Our job is to make a recovery for you for the pain and suffering that can be proven.  Not going to the doctor is one way to prove that you are not hurting and that you don’t care. If you don’t care, the doctor might not care.  It is very important for you to work hard to get well and to go to all of your appointments. 

Take Photographs
Take photographs of all your injuries, scars and bruises.  If your car was damages, take pictures of your vehicle prior to getting it repaired.  It is also a good idea to take pictures of the accident scene immediately following your accident.  Good photographs can make a case by showing the insurance company the extent of your damages.

Document Everything
Document all of your losses including medical bills, lost wages, future medical treatment, transportation costs and the effect of the accident on your family and the effect on your life.   Documentation is a major key in obtaining full compensation for your damages.  If you want to get paid for expenses and other items that you are legally entitled to recover, you have to show proof.  Be sure to obtain and save all receipts itemizing any and all expenses you incurred as a result of your accident.  Receipts must be dated and contain legible and compete vender identification.  Please also save pill bottles, casts, braces, and any other items from your doctors.  Proper documentation can give the insurance adjuster a better idea of what happened and show them how seriously you were injured.

HOW DO I KNOW IF MY CASE IS WORTH PURSUING?
If you suspect you may have a legal claim, you should contact The Law Offices of Jamie L. Allen, P.A. for a free evaluation of your case. We are experienced with cases like yours, and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to prevail, we will tell you so, and you will not need to incur the time and expense of pursuing an unpromising claim.

The Law Offices of Jamie L. Allen, P.A. can help you answer your questions regarding insurance, property damage repairs, payment of your medical bills, lost wages and all other questions that you may have. In pursuing personal injury claims, The Law Offices of Jamie L. Allen, P.A. works with investigators and experts in specialized areas, who can skillfully investigate the technical and medical aspects of your case. More importantly, we can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

Contact The Law Office of Jamie L. Allen, P.A. for your free consultation.

DO I HAVE TO PAY FOR A CONSULTATION WITH JAMIE L. ALLEN, ESQUIRE?
No. At the Law Offices of Jamie L. Allen, P.A. we represent clients under the contingency fee contract approved by the Florida Supreme Court. That is, clients pay us attorney’s fees only if we are able to obtain compensation for them. No recovery, no attorney’s fee.

WHAT IF I AM INJURED BY SOMEONE WHO DOES NOT HAVE INSURANCE?
At the Law Offices of Jamie L. Allen, P.A. we will review your automobile insurance policy to determine whether you have underinsured or uninsured motorist coverage. This coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Uninsured motorist coverage is perhaps the most important coverage you can carry, given the high percentage of drivers in South Florida with little (or no) bodily injury coverage. This coverage protects you and your family from such careless drivers.

WHAT IS A LETTER OF PROTECTION?
In some instances clients do not have medical insurance coverage or their PIP benefits are exhausted. When that is the situation, some medical facilities and physicians are willing to take a "letter of protection." This is a document that gives the patient the ability to keep treating without paying for the medical bills at the time of treatment. These letters of protection typically, if accepted by the facility or physician, allow the patient to keep treating and once a recovery is made, the doctor or healthcare facility is reimbursed. However, it is always made clear to the client that even with a letter of protection in their medical file they are still ultimately responsible for paying the medical bills even if they do not get a recovery.

WHAT IS MMI AND A PERMANENT IMPAIRMENT RATING?
At the conclusion of your treatment with a physician or when your physician has determined that you are at MMI, we will request a final narrative report. MMI is an acronym for maximum medical improvement and simply means you are as good as you are going to get. That is not to say you are as good as you were before the accident, but your condition is stabilized and you have a loss. It is at that point that some doctors assign, and insurance companies request, a permanent impairment rating. This is generally done pursuant to AMA guidelines. Sometimes, it is necessary to prove that a client sustained a permanent injury before we can file a claim for bodily injury against the party “at fault” for the accident. Additionally, many automobile issuance companies like to have the impairment rating so they can evaluate the case.

HOW LONG WILL IT TAKE TO BRING MY CASE TO A CONCLUSION?
The answer to this question also depends on the complexity of the case and how long it takes before you reach MMI. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding of what their future medical condition will be in the future. Every lawyer's worst nightmare would be to allow the client to sign a release and then find out a short period of time later, they need more surgery or have massive medical bills still facing them. With that being said, typically the average negligence case is resolved within 12 months after being signed up by the firm, if litigation is not necessary. Naturally, that time range is subject to fluctuation depending on the facts of the case.

HOW MUCH IS MY CASE WORTH?
This is one of the most difficult questions an attorney will get asked.

I. Liability
The first issue we look at is liability, i.e., who is at fault for the accident? It is important to know that an insurance company is only obligated to pay what the insured is legally liable for as a result of an accident. A ticket by itself is not evidence of 100% legal liability, therefore, in many instances the company may not have to pay for damages if their insured does not report the accident and cooperation in the investigation. There are many factors taken into consideration when evaluating liability claims. Each situation is judged on its own merit.

Comparative Negligence
Comparative negligence is a legal principle providing that the amount of a person's recovery from an accident is determined by the percentage of his contribution to the accident. In Florida, the percentage of the individual's negligence in the accident is usually subtracted from the amount he would otherwise recover, if the other person were 100% at fault. For example, generally a person 50% at fault can have his damages reduced by 50%.

2. Damages
Cases have value based on five areas assuming the liability issue, i.e. who was at fault, is clear. Plaintiffs in personal injury cases are entitled to five areas of damages. Those areas are as follows:

Economic Damages
(1) Past medical bills;
(2) Future medical bills;
(3) Past lost wages;
(4) Loss of earning capacity in the future and

Non-Economic/Human Damages
(5) Pain and suffering.

There is no tried and proven formula to determine exactly how much a case is worth and it really depends on how the evidence comes in on a case. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues which would allow the insurance company's lawyer to take away credibility from the injured party's case. However, based on our track record of trying cases in the State of Florida, we are generally able to come up with at least a "range of value" of cases after the attorney who is working the case has been able to get all the medical records and bills in and see how the client has progressed since the time of the injury. Even with all that information, it is very difficult to come up with an exact figure. Typically, a range of value based on our vast experience in handling these types of cases can be determined, once all the relevant information is gathered. To make a statement about value before all such information is received would be irresponsible.

HOW LONG DOES AN INSURANCE COMPANY HAVE TO SETTLE A CLAIM?
There is no specific time limit during which the insurance company must come to a settlement agreement with an insured or a third party claimant. Typically, we will give the insurance company 20-30 days to review and respond to our demand package which consists of the client’s medical bills, medical records, our theory of liability and damages. Thereafter, we could spend several weeks providing the insurance company with additional information and negotiating with them to increase their settlement offer. The negotiation period could last a few weeks to a few months. Once the insurance company reaches their maximum settlement offer, Jamie L. Allen, Esq. will advise the client whether she believes that the settlement offer is reasonable based on her experience with similar cases. Ultimately, the client will decide whether to accept the offer or instruct the Law Offices of Jamie L. Allen, P.A. to file a lawsuit. However, once the client and the insurance company have agreed in writing upon a settlement amount, the insurance company must pay within 20 days or pay interest as provided by Florida Statute 627.4265.

WHAT DOES “FILE A LAWSUIT” OR “LITIGATE” MEAN?
Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all reasonable efforts have been made to resolve the case in pre-suit period. Over the last 8 to 9 years the insurance industry has gotten extremely aggressive in defending the cases and we find ourselves in litigation more and more often. Just because we file suit, that does not necessarily mean that you will definitely end up in trial. Many cases resolve prior to trial. Based on our litigation experience, we are able to keep our clients educated as to their options during this entire process.

HOW SOON AFTER I AM INJURED DO I HAVE TO FILE A LAWSUIT?
Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to talk with Jamie L. Allen, Esquire as soon as you receive or discover an injury.

WHAT CAN I EXPECT IN A LAWSUIT?
If your case cannot be settled at an earlier stage, we will file suit. The case will be assigned to a judge and the suit papers will be served upon the defendant and, if possible and applicable, the defendant’s insurance company.

The defendant will then, through his attorney, do several things:

The defendant will file an Answer which is a formal pleading in which they will either admit or deny your claim.

The defendant will send you a large number of written questions (called interrogatories ) that need to be answered by you, with our help if necessary. More detailed instructions concerning the answering of these questions will be forwarded to you at the time they are received. These questions generally will ask for a vast amount of information concerning your past life, your work ability, the circum-stances of the accident and your losses since the accident in money and in pain and suffering.

The defendant will file the necessary papers to require you to be present for your sworn testimony to be taken in a special proceeding called a deposition. When this deposition is scheduled, you will receive more detailed information from our office concerning how to handle the questions during the deposition and one of us will be present with you during the taking of the deposition to assist you at that time.

The defendant will file the necessary formal papers to require you to produce copies of certain documents and evidence which may be in your possession. Traditionally, they will require that you produce your income tax returns for the past four or five years and will require that you produce copies of any bills that you have incurred as a result of the accident This is a normal procedure which is always followed. They may also require you to produce any photographs you have in your possession which have any bearing upon the accident or your losses or damages. We will contact you concerning these formal pleadings when and if they are received.

We, on your behalf, will also probably be taking the sworn testimony of the defendant or the witnesses from whom we have not already taken statements. These will include witnesses concerning the occurrence of the accident for the most part but may include witnesses concerning your damages or losses.

THE DEFENDANT’S EXAMINATION
In almost every case concerning personal injuries, the defendant will request that you be examined by a doctor of the defendant’s choice to get an opinion of the extent and nature of your injuries. Whenever this procedure has been scheduled, you will be contacted and provided with information concerning how and where this examination is to be conducted.

The defendant probably will also be taking testimony of witnesses from whom they have not received statements, or of your doctor or other persons. These depositions will be attended by someone from this office familiar with your case in order to protect your rights.

We likewise may take testimony of witnesses and conduct further investigation by the formal methods allowed after a case in suit.

We will not be keeping you advised of the conduct of this discovery process by the defendant and us since there is really nothing that you can do under the circumstances to assist your case during that period of time. If we believe that you can be of assistance to us, we naturally will contact you. If you are curious as to what is going on, do not hesitate to call and schedule an appointment to come in and discuss your case; we will be doing everything necessary in order to prepare your case for trial properly.

THE WAITING PERIOD
The normal procedures of the court and the procedures involved in the formal pleadings are such that there may be some considerable delay between the time your suit is filed and the time the case is ready for trial. The delay varies with the court, the judge and the case. In many cases, there will be long periods of time during which nothing is actually occurring in the prosecution of your case and we are waiting for the assignment of a trial date. Do not be worried if you do not hear from us for some period of time since we will be in touch with you when there is something important coming up that needs your assistance, cooperation or advice. If you have any questions, do not hesitate to call and make an appointment to come in and discuss the progress of your case. You may rest assured, however, that everything is being done to bring your case to trial as rapidly as possible in view of the considerations of whether your case is properly prepared for trial and whether your physical condition is such that your case should be presented to the court and a jury.

THE PRE-TRIAL
The Pre-Trial Conference is a conference held between the attorneys and the judge at which time the attorneys are expected to tell each other all about each other’s case. At a Pre-Trial Conference the attorneys will have to list the names and addresses of all witnesses whom they might use at trial. The attorneys will also have to exhibit to each other or make arrangements to exhibit to each other all documentary or photographic exhibits which they may use at trial. Before the Pre-Trial Conference you will be contacted and requested to furnish to us any such documents or photographs which you may have in your possession and also to furnish us a list of all the witnesses you believe might be helpful in proving your case and the extent of your losses. If you have kept a good diary, it will be simple for you to furnish this information to us and it may even be simpler just to send your diary or a copy of it to us.

When you receive notification of the Pre-trial Conference you should send this information immediately, or if you prefer, make an appointment to come in and furnish the information to us. Information not furnished at the Pre-Trial Conference may be excluded from trial.

TRIAL PREPARATION
The exact method of trial preparation depends so much on the exact, specific nature of your case that it will not be dealt with at length here.

Essentially, we will make appointments with you to review your case and to prepare you to give your testimony. We will also make appointments, if applicable and considered necessary, with other witnesses whom we believe to be important to present at trial.

We may request that you return to your treating doctors for a follow-up examination before the trial.

Most important, you should advise us of anything that comes to your attention which might prevent you from attending trial or might prevent any witnesses that you believe to be important from attending trial.

The trial may last three full days or as much as two (2) weeks, depending upon the nature of your case and the extent of damages and problems of proof. We will attempt to discuss this feature with you before trial but you should be aware that you and your immediate family will be required to be present during the entire trial, if not in the courtroom, at least in the courthouse or in the office.

At any stage, whenever the other side presents an offer of settlement to us, we will attempt to advise you of the receipt of the offer of settlement and try to advise you as to whether the settlement should be accepted or rejected. Your lawsuit can be settled at any time from the day it first comes into our office until the moment before the jury returns from deliberation. We will attempt to work closely with you in advising you concerning settlement proposals, but in the final analysis, it will be up to you to decide whether to settle it or not.

THE TRIAL
It is almost impossible to summarize what will take place during a particular week or two-week period. If your case is scheduled to be the first case for that period, you are fortunate since we will be able to plan specifically when you and your witnesses will have to come to trial. If your case is scheduled as the second, third or perhaps even the fifteenth case for that period, when it will be more difficult to plan exactly when you and your witnesses must be present. Usually, all cases scheduled for trial during any particular period must be prepared to go to trial on the first day of the week although occasionally the court will release the parties from being prepared for trial on the first day and require only that they be prepared some day later in that period. We will be working with the court and with the attorneys in other cases in order to give you as much advance notice s possible as to the exact day and time you will be required to be present and when your witnesses will be required to testify.

When the trial starts, the first thing that will take place will be the selection of a jury, if applicable. After the jury has been selected, we will present to the jury all of the witnesses which we feel are necessary to win your case and receive for you the proper compensation for your losses. The defendant will then have the opportunity to present such witnesses as they may wish to present in an effort to defeat your case or reduce the amount of compensation that you will receive. We will then have an opportunity to present any additional witnesses who can rebut any new testimony brought out by the defendant.

After all the witnesses have been presented, the lawyers for each side will present their final argument to the jury., We will argue to the jury that you should win and will explain why we believe the evidence presented justifies a verdict in your behalf. The defendant’s attorney will then have an opportunity to argue – and will argue – why, in their opinion, under the law and the evidence, you should lose or why your verdict should be for a small amount of money even if you do win. We will then have an opportunity to rebut the arguments of the defendant’s attorneys.

The court will then advise the jury of the law which governs your case and the jury will then retire and consider all of the evidence. The jury must agree unanimously on the verdict and in most cases, they have the choice of returning a verdict either in your favor or in the favor of the defendant. If they return a verdict in your favor, then they will have the additional duty of determining how much money will compensate you for your losses.

Just prior to the trial and during the trial you will be given more detailed information concerning all of the above procedure.

LET’S APPEAL
From reading newspapers, watching television or viewing movies, you may have reached the conclusion that if you or the defendant are not satisfied with the result of the trial, all you have to do is “appeal.” It is not that simple. In almost all cases, the decision on the facts are conclusive and cannot be reversed by an appellate court . The appellate court in almost all cases is limited to deciding whether the judge did anything legally wrong at trial and if so, whether what he did wrong materially prejudiced the case. If he ruled certain testimony inadmissible which should have been presented to the jury or if he allowed testimony to be presented to the jury which was objected to and which should not have been presented to the jury, then the appellate court will consider whether that materially prejudiced the case. If the instructions which he gave the jury at the conclusion of the trial were wrong, the appellate court will consider this factor.

If the judge did not make any mistakes in the trial of the case, then the jury’s decision is binding upon the parties. If the jury believed the wrong witnesses or chose not to believe other witnesses, an appellate court cannot reverse the case. You can see, therefore, how important it is to convince the jury that you should win and that you should win a substantial amount of money – for their decision will, in almost every case, be binding upon you.

If the judge did make a mistake and if the appellate court does find that the mistake was prejudicial to the losing party, then the appellate court can give the losing party another trial and allow another jury to consider all the evidence again. The appellate court itself, however, cannot increase the amount of money awarded to a plaintiff.

CONCLUSION
The above has obviously been a quick summary of the events that will or may be important in the handling of this case by this office. Some of the information furnished above may not apply to your case. Your case, on the other hand, may involve some or perhaps many events not referred to or described in this information. We want you at all times to feel confident that we are doing everything possible to be certain not only that you win but also that you obtain the most full and complete compensation allowable under the law. At any time that you have questions concerning what is happening or why certain events are taking place, please do not hesitate to call or write or schedule an appointment to come in and discuss this matter with Jamie L. Allen, Esquire.

WHY DO I HAVE TO PAY BACK MEDICARE/MEDICAID?
Medicare and Medicaid are entitled to repayment of certain sums under both Federal and State of Florida statutes. These laws cannot be changed by the Law Office of Jamie L. Allen, P.A., but we make every effort to legally minimize the amount you must repay Medicare and Medicaid under applicable laws and regulations.

WHY DO I HAVE TO PAY BACK MY HEALTH INSURANCE COMPANY?
Florida law allows health insurance companies to recover certain sums paid toward medical expenses made necessary by negligence of others in much the same way that the laws allow Medicare and Medicaid to recover certain sums. Again, although these laws cannot be changed by the Law Office of Jamie L. Allen, P.A., we do make every effort to legally minimize the amounts these insurance companies must be repaid from the settlement proceeds.