What is Subrogation?

What is subrogation? Well a lot of clients are surprised to learn that even though their health insurance or employee coverage might pay for some of their medical treatment, they want to be paid back. Some do and some don’t. Wether they get paid back or not depends on the kind of recovery their willing to make for you and we always try to negotiate with those carriers that want their money back. They do have a legal right to make that claim. But we always negotiate to make sure that our recovery maximizes the net amount that you receive. To find out more about that please feel free to contact us at our website, call me or email and we’ll talk it over.

The Insurance Company’s Point of View of Your Florida Accident Claim

What’s the insurance company’s perspective on this whole thing? What are they trying to accomplish when they’re dealing with you and your injury? Their overall goal, they’re a company, a corporation, they’re huge. The largest buildings in any city you go to are owned by insurance companies. So your case is not a personal case to them. You’re a number and sometimes a number among many thousands. What they’re looking at is what they’re afraid can be proved in court. If they don’t settle the case they’ll have to hire attorneys and expend cost and then they’ll take a risk of what a jury might do with your case. They try to evaluate that, evaluate your attorneys, evaluate the quality of the evidence that’s being presented. We try to paint them a picture so that they’ll know if they don’t try to settle the case reasonably, they might be in trouble. Feel free to call me to discuss this in more detail about your particular case by going to our website or emailing me or just phoning and let’s talk it over.

Uninsured & Underinsured Motorist Coverage in Florida

Uninsured or underinsured motorist coverage. Very important, especially in Florida where many of the worst drivers either have no insurance or they don’t even have driver’s licenses. Someone might come along and cause really devastating injuries to you or your loved one and have no insurance coverage and have no practical way to go after them to make a recovery. Having uninsured motorist coverage on your own policy turns that problem over to your insurance company. That is, we place them in the middle between you and the uninsured person. We go after them for everything that you’re entitled to. Then they can try and chase the person that didn’t have insurance. But you have to have the coverage, you have to ask your agent about the coverage. Often times agents aren’t vigorous in advising you about that coverage. If you want to know more about uninsured motorist coverage, feel free to call, email or contact us through our website and we’ll talk it over.

What to Expect When Contacting us for the First Time

What should a client expect on their first contact with us? They should expect to speak directly with their attorney, not with some intermediary. That’s how we practice. We want to get to know you personally and find out exactly about your case. We’ll want to know what happened, what injuries you got, who’s fault it was as far as you know and what the long term consequences are gonna be. We really need to discuss that face to face and we like to have the attorney that’s actually handling your case handle it from beginning to end. So feel free to call us or contact us through the website or email me and we’ll talk it over.

What to Do After an Accident

So what are the first things to do if you’re unfortunate enough to be in an accident? Well, if you’re able to do so, you should contact the authorities right away and if anyone, including you, needs medical attention make sure to call the ambulance or the emergency medical authorities. Also, many people have cameras on their cell phones so, again, if you’re able to do so, take picture of what’s going on. If you feel injured at all, in Florida it’s very important not to decline medical service and to get medical attention as soon as possible. There’s actually a time limit and if you don’t get it before the time limit your own insurance company can decline to pay your benefits or your medical attention if it wasn’t sought timing. So then you’re on your own. All these kinds of things should be done right away. The most important, of course, is to get medical attention for anyone that’s hurt. Feel free to call us to talk to us in more detail at our phone number, or contact me through the website or by email.

What Should You Say To Your Insurance Company After An Accident in Florida?

What should you do if the insurance company calls you? Well if you’re represented by us just tell them that I’m your lawyer and they can feel free to call me and I’ll discuss it with them. If I feel you need to talk to them, I’ll be with you when you do and we’ll go over everything before it happens. If you’re not represented yet, it’s probably a good idea to call a lawyer and you can call us at our website or contact me through email or by phone and we’ll talk it over.

What to Say to Medical Bill Debt Collectors

So what do you do if you can’t pay the bills and you’re getting treatment, your insurance company is slow and some of the bills are just outstanding and you’re going to have to wait until you make a recovery but the hospital, for instance, is turning you over to debt collection and they’re calling you and they’re hounding you? Just have them call us. Sometimes we can work it out with them where they’ll wait as long as we promise that they’ll get satisfied at the end. Sometimes we just have to get rough with them and threaten them with unfair debt collection practices. But if you’re represented you need to call your attorney and if you call us we’ll take care of that. Feel free to call me at our phone number or contact us through the website or by email so we can talk it over if you’re being hounded by debt collectors for an injury that you received because somebody else caused it.

Should You Go to Trial or Settle Your Florida Personal Injury Case?

Should you go to trial or should you settle your case? That’s a very complicated question and it depends on what the settlement offer is. We can advise you about what we think the probable outcome of the trial would be and what the risks are and the possible benefits versus a settlement offer that you have, but in order to really discuss that we would have to be at a stage with a settlement offer on the table to compare it to. And frankly, some of the things that would go into your decision are things that aren’t legal, things that have to do with you. How comfortable do you feel? How worried are you about it? Our job is to gather all of the facts, present the case in the best possible light for you and when it comes down to negotiations, we make recommendations but you make the decisions because sometimes the factors that guide your decision will be beyond just the law. Whatever it is, you need to make sure that you’re talking to the lawyer who is going to handle this case if it doesn’t settle so that you know for sure what you’re going to be going through and what the risks and benefits are. Feel free to call us or contact us through the website or email me so we can talk it over.

How Do We Prepare For Trial?

What are the top three things to do, that we do to get ready for trial? First of all, know the client. We get to know our clients individually, personally and know exactly what they’re going through and details of what kinds of problems and what kinds of successes they’ve had in overcoming their injuries that are going to be affecting their whole lives. To communicate that to a jury and get a proper result, you really have to know it. A client can’t just be a number or a file.

It helps to know the community because the community is where you draw the jury from. Knowing what their attitudes are and generally what their backgrounds are, even actually knowing some of them, or at least some of their family members really helps in selecting and getting a jury that can hear your case and hear what you’re going through and be able to understand it and accept it. Being able to tailor to them the kind of information that will help them decide your case in a way that recognizes everything you’re going through.

Thirdly, work hard. Preparation before the trial, preparation throughout the case, preparation once the case is filed. All this stuff that goes on behind the scenes is much more important than the fireworks that go on during the trial. You prepare hard, you prepare for everything you can think of because there’s always going to be something unanticipated that happens in trial but if you’ve prepared everything else then you can focus on that and deal with it without getting thrown off track. Those are really the three things that are most important and not all of them show up if you’re just actually watching the trial. So that’s what we like to do. If you’d like to know more about our firm please feel free to contact through the website or call or use email so we can tell you about how we prepare for trial.

Why Call Me About Your Personal Injury Case?

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Well the reason to call me would be, for one thing I’ve been doing this about 36 years just in the personal injury field. I’m a board certified civil trial attorney and when you call my firm you’ll be dealing with me. Not with an associate, not with a legal assistant, although we have help. But I’ll be responsible for your case, I’ll be handling every step of the way and I’ll help you through it myself. If you have any questions about that please feel free to call one of our offices to speak with me or you can contact me through our website.

Common Tricks Used By Insurance Companies

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Well one trick is that a lot of insurance companies have trucks that actually stop at any accident and try to get information from the victims of the accident. You shouldn’t talk to the other person’s insurance company. We recommend you only speak to your own insurance company which you have to do under your policy. Another thing is medical bills. They’ll fight over medical bills and whether they’re related to the accident or whether you really need the treatment. One of the things about Florida law that’s excellent is if you have to sue your insurance company to get your medical benefits or any benefits, they also have to pay your attorney’s fees when you win. So you can actually afford an attorney even if the dispute is relatively small. If you have any questions, or if you need an attorney, feel free to call one of our offices or contact me through our website.

Discussing Your Florida Personal Injury Case on Social Media

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So these days everybody’s on social media including people who are victims of accidents. What you need to be aware of is that insurance companies have investigators monitoring Facebook and Twitter and all those places and they’re gonna look at everything you say with a microscope and try to pick out stuff that helps them deny your claim. So you need to be careful if you’re represented by an attorney, your attorney should tell you to stay off of social media. At least don’t discuss your injuries and the effects of the accident with them. If you have any questions about that or if you’re thinking about posting something on social media about your case, give me a call or you can contact me through our website at David R Linn

Personal Injury Myths and Misconceptions

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What are some personal injury myths and how do they get started? A lot of people will have read or heard from their neighbors or on email things that aren’t actually true about personal injury cases, about people getting millions of dollars for mythical injuries or imaginary injuries. Either the facts have been omitted from those stories or just made up altogether. Part of the problem is that insurance companies are telling one side of the story. They’ve had public relations departments with budgets of millions and millions and they’ve been spreading stories for decades, planting stories in popular media like Reader’s Digest. And they do that for two reasons. One to poison the jury pool of people who may be hearing a case and to try to get preconceptions into their heads about it, and another to provide political cover for politicians who then make campaign contributions to those same politicians and the politicians will pass laws to really restrict peoples’ rights to be compensated for their injuries.

 

The problem is there’s really no one on the other side. There’s no group like people who are going to be injured in the future to preserve their rights and to tell the other side of the story. To tell the factors, for instance, in the McDonald’s coffee case who unfortunately only got a few hundred thousand dollars for it had to go through multiple skin grafts and how her award was reduced and how McDonald’s had served that coffee 40 degrees hotter than scalding and scalded something like 600 people before this lady actually went through what she did. That side of the story never seems to be told, and so the myth is “well somebody spilled hot coffee on themselves and got millions of dollars”. You gotta be careful about accepting these kinds of things. Somebody is telling those stories to you for a reason. If you want to know more about that, feel free to call us or contact us through our website or by email and we can talk about how the myths of personal injury might affect your case.

How to Preserve Evidence After an Accident?

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So how to preserve the evidence when you’ve been in an accident? Maybe before you’ve had a lawyer or before a lawyer gets involved in it. One important thing to do is to hire your lawyer early so that they can go about getting statements and testimony and documents and things before they disappear. Sometimes, for instance, an accident might happen and there’s video at the intersection or in the area and businesses tend to reuse their video media so if you don’t get it soon it gets recorded over. Also, obviously, if you have a cell phone camera take pictures. Take pictures of the damage of your vehicle and the other vehicle if you’re able to. Preserve any physical items.

One thing that people don’t think about, and for some reason even though it may not have anything to do with your injuries, the damage to your car is important to insurance companies. They just like to see the damage. Sometimes you don’t see the damage on the outside but if you can get pictures of your car when it’s being prepared, when the bumper’s off and the reinforcing bar is dented in, it’ll always be covered over and you wouldn’t have seen it by an external picture. Do that, get the body shop to take pictures or you take them so that evidence can be preserved and presented later. If you want to know more about that, feel free to contact us at our website or call or email me and we can talk to you about how to preserve evidence.

How Long Does A Florida Personal Injury Case Take To Resolve?

How long does an injury case take to resolve? Really depends on the client because we can’t rush these things, we gotta wait until we know how the client’s gonna come out of their injury. And that depends on the treatment and how they respond to the treatment before we ever try to settle their case or resolve it, so that we know that we’re settling in a matter that takes care of what they’ve been though and what they will be going through. So it’s really impossible to make a general statement about that. We really need to be able to talk to you and get the details of your case. So feel free to call or email or use our website to contact us with the details of your case.

How Much Is Your Case Worth?


How much is your case worth? That depends on a lot of different factors. It depends on the extent of the injury and what you’re going through, what you’ll have to go through in the future, and it depends, frankly, on what’s available. The people who are responsible for the injury and what kind of resources or insurance coverage they might have. We need to explore all the possible sources of recovery so the best way to find out is to talk about it individually with me. Feel free to contact me at our website or email me or just call and we’ll discuss it and figure out what your case is worth.

What are the Florida Statutes of Limitations for Personal Injury?

What are the statutes of limitations in Florida that apply to injury cases? There’s actually quite a number of them and they’re complex so it’s not a really easy, cookie cutter kind of answer. They say, in general, a lawsuit against the person who caused the accident in most kinds of cases has to be brought within four years of the date when incident occurred. But for professional malpractice, including medical malpractice, the limit is shorter. Sometimes as short as two years. There’s also other timed limitations that apply as to when you can apply for your medical benefits. In general you just shouldn’t delay in doing any of these things. You should get a hold of a lawyer right away, and feel free to call us if you like or contact us through the website or by email and we’ll talk it over.

What If My Insurance Company Offers To Settle After An Accident?

So what if the insurance company offers immediately to settle your case, and all they want is a release and they’ll give you a check right away, you can go out and spend it. Do you really need to talk to a lawyer about that? You do. Feel free to call us about that and let’s talk it over. If it looks like a fair amount and if the limits and the damages are appropriate we’ll tell you that and you can go on your merry way. But a lot of times there’s other things to consider. Maybe that’s all the money they have, but there may be other people that are responsible for what happened and your injuries might be much worse. Or maybe they’re just trying to low-ball you and your case is worth a lot more than they’re letting on. It’s good to talk it over. Even if you don’t hire us, we’ll be happy to talk to you about the particulars of your case, give you our opinion and evaluation and let you decide. Feel free to call at our phone number or contact me through the website or just email and we’ll talk it over.