by Matt WilliamsWhat Is Uninsured Motorist Coverage and Should I Have It in Florida?
Uninsured motorist coverage protects a policyholder who is involved in an accident with an at-fault driver who does not have any liability coverage. Simply put, uninsured motorist coverage will protect you if you are hit by another person that does not have insurance. Along those same lines, underinsured motorist coverage protects a policyholder who is involved in an accident with an at-fault driver whose liability limits are too low to cover property damages or medical expenses.
All drivers in Florida are required to carry some level of personal injury protection (PIP). PIP is insurance that covers the policy holder’s own medical bills when they are injured in a car accident, regardless of who is at fault (i.e., if you get into an accident then your PIP will cover the costs of your own medical bills regardless of who was at fault in the accident). PIP covers up to $10,000 in medical costs related to injuries that the policy holder sustains in an accident, but PIP will not cover more than $10,000 in bills.
If you have more than $10,000 in medical bills then the at fault driver may cover your bills if they have liability coverage, but not all drivers have liability coverage. In fact, one in every eight drivers in the United States does not have insurance, so chances are you may be hit by someone who has no insurance. In a situation where your medical bills are more than $10,000 and the at fault driver has no insurance, you will be responsible for paying your own medical bills out of pocket; which is why you should have uninsured motorist coverage. Uninsured motorist coverage covers you when the at fault party does not have enough insurance to cover your bills, lost wages and/or your pain and suffering.
In Florida, you can have uninsured motorist coverage for bodily injury claims or property claims, but you are not required to have either one (I still highly recommend having uninsured motorist coverage for both property and bodily injury). If you are involved in an accident you can end up with tens of thousands of dollars in medical bills, you can be forced to stop working and you can be stuck with thousands of dollars in automobile repairs. If you are saddled with bill and unable to work, you credit score will be impacted, your financial stability will be disrupted and you could be forced into bankruptcy. Uninsured motorist bodily injury coverage can help cover lost wages and medical bills for both you and any passengers in your car, and uninsured motorist property damage coverage can help pay for vehicle repairs so you don’t have to pay out of pocket. Underinsured motorist coverage works the same way; your policy will cover you in the event the other driver does not have enough insurance to cover all of your medical bills or property damage.
If you have been injured in a car accident then you should contact the Law Office of Matthew C. Williams to discuss your rights and determine whether or not you need to file a claim using your uninsured or underinsured motorist policy. You can also give us a call if you haven’t been in an accident and you just have questions about the pros and cons of adding uninsured or underinsured coverage to your policy. Depending on the facts of your situation and the facts of your case if you have been in an accident, we may be able to hold the at-fault driver or vehicle owner accountable for their negligence and/or find other individuals or companies that may be liable in your case.
There are many benefits to retaining a lawyer after you were injured in a car accident, or when you are deciding what kind of insurance coverage to purchase on your vehicle. Attorney Williams and his legal team focus primarily on personal injury matters and they take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.
by Matt WilliamsCan I Sue a Business if Their Employee Gets into a Car Accident with Me?
Yes, you can file a personal injury claim against another driver that hits you, but you may also be able to file a personal injury claim against the company they were working for if they were on the clock or driving a company vehicle at the time of the crash. It’s best to speak to an attorney to determine whether or not you should file suit against the driver and the company, or just the driver, because there are a number of factors to consider when determining who to sue.
Employers can be held liable for their employees’ negligent acts in a number of situations. Generally, employers are not responsible for their employee’s negligence when the employee is driving to or from work; however, if the employee is driving to work with the intent to use the car or complete tasks for their employer while at work then the employer may be liable for the accident. For example, if a pizza delivery man is driving to work and gets in an accident then the pizza company he works for may be held liable for the accident since the employee was driving to work where they were going to use their car to complete their work. On the other hand, if a McDonald’s cashier got into a car accident on the way to work then McDonald’s would not be liable since the McDonald’s cashier is not required to bring their car to work.
Likewise, if an employee gets into a car accident while they are working or completing a task for their employer then their employer can be held liable for the employee’s actions. For instance, if the pizza delivery man from the example above got into an accident while he was in the process of delivering a pizza then the pizza company can be held liable for the driver’s negligent acts. An employer can also be held liable for negligent hiring if an employee gets into a car accident while working for the employer. In those situations, you will be successful in bringing a negligent hiring claim if you can prove the employer knew the employee had a history of bad driving and the employer still hired the employee to drive.
Regardless of who you are involved in an accident with, your health should always be your number one priority after an accident, so make sure you call 911 and receive immediate medical care if necessary. Once you’re in good health, contact an attorney immediately to determine what your next step should be. Your attorney can speak to you about the value of your case, who is liable in your case and whether or not you can sue the other driver’s employer. Oftentimes, employees are not in uniform or they don’t disclose that they were working at the time of the accident, so it’s important for you to speak to an experienced attorney who has the resources to investigate the individuals involved in your case to determine who can be held liable for your damages. It’s also important for you to speak to an experienced attorney to determine whether or not the driver’s employer is liable because employers generally carry far greater amounts of insurance than an individual driver. If the other driver’s employer is liable, then there will probably be substantially more insurance money available to cover the damages in your case.
If you have been injured in an auto accident, call the Law Office of Matthew C. Williams. We can represent you in your car accident claim and answer any questions you have about the process of filing a personal injury claim or determining who is liable. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.
by Matt WilliamsWhat Should I Do If I am Hit by a Drunk Driver?
If you are hit by a drunk driver then the first thing you need to do is seek medical attention. You should always immediately call 911 or law enforcement to report the incident, and if you believe the other driver is under the influence then you need to tell the law enforcement officers when they arrive on scene. Law enforcement officers are trained to detect whether or not someone is under the influence of alcohol, and if you tell them that you believe the other driver is under the influence then they will conduct their own investigation. They will also document their findings in their police report, so make sure you notify the officer on scene after you received medical attention.
The next thing you should do is contact a lawyer. Like every car accident case, you will benefit from having a lawyer in a car accident case involving a drunk driver. There is a good chance you will be contacted by the at fault driver’s insurance company shortly after the accident. Oftentimes, the other driver’s insurance company will try to get you to settle the case, or they will try to establish that the crash was not a result of their driver being under the influence of alcohol. It’s extremely important that you speak to a lawyer before having this conversation because you could seriously limit the amount of your financial recovery by saying the wrong thing. For instance, if you told the other drivers insurance company that you “don’t feel that bad” and you are willing to settle the case for $5,000.00 if they fix your car, then you may never learn that the insurance company was really willing to pay you $50,000.00. If you don’t have the experience to value a case or the understanding of legal process surrounding a car accident, then you can end up hurting your case more than helping.
Also, your lawyer will investigate the claim to determine whether or not other parties are liable under a dram shop claim. In some situations, if you are hit by an intoxicated person who is coming from a bar or nightclub then you will be able to move forward with a dram shop claim. Dram shop laws impose a duty on a bar or nightclub to monitor the patrons that they are serving alcohol. Dram shop laws also make it unlawful for the bar or nightclub to serve a patron that is already intoxicated. A dram shop claim is based on the premise that the bar or nightclub provided too much alcohol to the person that hit you. While dram shop claims are more rare and harder to prove than a regular car accident claim (you will be required to prove that the person who hit you was actually intoxicated and that they became intoxicated at the bar or nightclub in question), it is important that you discuss your case with an attorney that understands the different claims available to you.
The next thing you should do after speaking to your lawyer is start your follow up treatment. Receiving medical treatment is oftentimes the most important step in healing and getting back to some sort of normalcy after sustaining an injury in a car accident, so make sure you to receive treatment as recommended and follow up with your chiropractor, physical therapist or orthopedic specialist as recommended. It’s also important to continue receiving treatment if you still have symptoms because insurance companies oftentimes look at a lack of treatment as an indication that you are no longer injured.
Your attorney will begin requesting copies of your medical records and billing while you are receiving treatment for your injuries. The length of your treatment will depend on the extent of your injuries and the number of specialists that you are referred to, but the treatment phase usually last around 3 months to 5 months. Once your condition has stabilized enough for your doctors and specialists to draft final reports detailing their opinions regarding your injuries and your future medical care, they will send the final report to your attorney and your attorney will draft a demand for settlement or move forward with a lawsuit.
Lastly, stay involved in the criminal case. Your attorney can help you with this, but you should stay in contact with the prosecutor who is prosecuting the DUI case arising out of the person that hit you. Oftentimes, you will have a say in how the DUI case is resolved, and you don’t want to agree to allow the person to plea to a lesser charge because that could impact your personal injury claim. At the Law Office of Matthew C. Williams, we represent our clients as victims in criminal cases and we advocate to the prosecutor on their behalf, but if your lawyer won’t do it for you then you need to do it yourself. It’s that important.
If you have been involved in an accident or hit by a drunk driver then you should contact The Law Office of Matthew C. Williams to determine how to move forward with your case. The other driver’s insurance company will oftentimes claim you are at fault, argue you were intoxicated yourself, or they will deny any liability until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that the insurance companies have, and you will never feel alone in your fight for justice.
The Law Office of Matthew C. Williams focuses primarily on car accident cases and we take pride in having a personal relationship with our clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let drunk drivers, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsCan I File a Personal Injury Claim Against a Bar or a Nightclub if I am Attacked or Sexually Assaulted in the Club?
Yes, you can file a personal injury claim against a bar, nightclub or lounge if you are attacked, sexually assaulted, or injured while you are there. In most cases, lawsuits arising out of a fight or assault at a nightclub are based on negligence. In other words, you can sue the bar or nightclub for failing to take reasonable steps to keep you safe and protect you from foreseeable harm. In some cases, you can also file a dram shop suit against the bar or nightclub for serving the person who assaulted you too much alcohol. Here is a breakdown of the two claims:
Bars and nightclubs, like every business in Florida, have a duty to protect their patrons from foreseeable harm. Given the fact that bars and nightclubs are in the business of serving alcoholic beverages to patrons, fistfights, physical altercations and sexual assaults may be foreseeable depending on the type of establishment it is. For instance, fights, assaults and altercations are probably foreseeable at a local nightclub on a college campus that is known for fights and inebriated students every weekend. A club like that should have security or bouncers on the premises because fights are foreseeable; however, fights are probably not foreseeable at a local restaurant serving mimosas on Sunday morning where there has never been any altercation before. Using our nightclub example from above, the local nightclub should probably have an off-duty police officer present, they should install cameras and they should pat down their patrons to make sure people aren’t bringing weapons onto the property. All of these steps should be taken by the local nightclub to keep their club safe, especially if they know fights or assaults have occurred in the nightclub in the past. If you were injured in the nightclub in the above example and they didn’t have security then you would have a strong negligent security claim to bring against the nightclub. Even if the club had some level of security, you can still move forward with a negligent security claim based on the club having inadequate security. Either way, you should contact an attorney immediately if you are injured while visiting a bar or nightclub to determine whether or not the establishment’s security was adequate.
In some situations, if you are attacked by an intoxicated person in the club then you will be able to move forward with a dram shop claim. Dram shop laws impose a duty on a bar or nightclub to monitor the patrons that they are serving alcohol. Dram shop laws also make it unlawful for the bar or nightclub to serve a patron that is already intoxicated. A dram shop claim is based on the premise that the bar or nightclub provided too much alcohol to the person that attacked you. While dram shop claims are rarer and harder to prove than negligent security claims (you will be required to prove that the person who attacked you was actually intoxicated and that they became intoxicated at the bar or nightclub in question), it is important that you discuss your case with an attorney that understands the different claims available to you.
If you have been attacked or sexually assaulted in a bar or nightclub then you should contact The Law Office of Matthew C. Williams to determine how to move forward with your claim. Nightclub owners and managers will oftentimes claim you are at fault, argue you were intoxicated, or they will deny any liability until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that bar owners and nightclubs have, and you will never feel alone in your fight for justice.
The Law Office of Matthew C. Williams focuses primarily on negligent security matters and we take pride in having a personal relationship with our clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let nightclub owners, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsHow Much Money Will I Get Paid After Being Injured in a Car Accident?
The exact amount of money that you receive after being injured in a car accident depends on a few factors. The extent of your injuries, your medical bills, and the at-fault driver’s insurance policy limits are the three most important components in determining how much money you’ll receive. Future medical costs, pain and suffering, and how much time you missed from work will also be considered in determining the amount of compensation you’re eligible for. Some people believe car accident victims are trying to get rich quick, but the purpose of receiving money after a car accident is to “make you whole” again or to put you back in the position you were in before the accident. In most cases, making you “whole” is nearly impossible, so the money you receive is supposed to get you back to a place of normalcy like the accident never happened.
The extent of your injuries is always a major factor in evaluating a personal injury claim after a car accident, but the exact value of injuries can be difficult to calculate since everyone’s injuries are valued differently. For example, a car accident involving a young Olympic track athlete who has their leg amputated will be valued differently than a car accident involving a retired elderly man who has his leg amputated, mainly because the track athlete’s earning capacity will be diminished much greater than the elderly man’s earning capacity. The young athlete’s case will also be valued more in general because of the future medical costs the young athlete will have in comparison to the elderly retired man. Obviously, the elderly man would receive a significant amount of compensation for his amputation, but the young athlete would likely be able to recover more for his or her injuries because the retired elderly man will face fewer long-term consequences given his age.
Medical bills, medical expenses, and lost wages are all expenses that the at-fault party’s insurance company is required to cover as well. Medical bills are objective and can be easily calculated, but damages for pain and suffering are extremely subjective. Using our example above, the young athlete and the elderly retired man may recover similar damages for pain and suffering at the time of the accident since they experienced similar injuries, but how long the pain lasted, how much they continue to suffer, and how much they plan to rehabilitate their injuries will likely be different. The young athlete in our example may require multiple surgeries and physical therapy in the future as he or she attempts to learn to walk/run again, while the elderly man may decide to use a wheelchair or vice versa. Even when injuries are similar in nature, damages for pain and suffering or future medical costs may be drastically different.
Even if the medical bills, pain and suffering and the future medical costs warrant hundreds of thousands of dollars in damages, the insurance company is generally limited by the policy limits of the at-fault driver. Meaning, if the at-fault driver has a $10,000.00 insurance policy limit, the insurance company will usually only cover up to $10,000.00 in damages regardless of what your injuries and damages amount to. You can also recover individually from the at-fault driver, but most personal injury lawyers do not pursue individual claims against the at-fault driver unless the at-fault driver has assets available to cover any judgment the lawyer receives in the case.
If you have been injured in a car accident or some other situation, then you should contact The Law Office of Matthew C. Williams to determine how much compensation you can receive for your injuries. Insurance companies will oftentimes claim you are at fault, argue your injuries are superficial, or they will delay their case until you are willing to settle for less than your case is worth, but with the help of Attorney Williams, you will have the same resources, financial backing and experience that the insurance companies have.
The Law Office of Matthew C. Williams focuses primarily on personal injury matters and we take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew C. Williams a call to find out what your case is worth today.
by Matt WilliamsWhat Is PIP Insurance?
PIP, or Personal Injury Protection, also known as “no-fault” car insurance, is insurance that covers your medical bills or lost wages when you or your passengers are injured in a car accident. PIP covers the medical costs related to injuries a person sustains in an accident regardless of who was at-fault in the accident; and while PIP coverage is optional in most states, it is mandated by the State of Florida for all drivers.
Every state has different rules and laws as they relate to PIP coverage, and Florida, like many states, has its own set of special laws and regulations. Florida law requires vehicle owners to carry at least $10,000 in PIP coverage. Florida law also requires anyone seeking benefits under PIP to seek medical treatment within 14 days of the car accident. If you do not seek medical treatment within 14 days of your accident then you may be ineligible to receive benefits under PIP. For that reason, it is extremely important that you visit the Emergency Room or see a doctor as soon as possible if you have been involved in a car accident. If you do not see a doctor within 14 days of your accident then you may end up stuck with thousands of dollars in out-of-pocket expenses.
In Florida, PIP Insurance covers medical costs, lost wages and death benefits. In fact, most medical costs, including but not limited to medical services, medication, surgical services, rehab costs, diagnostic services and ambulatory services are covered by PIP. However, only 80% of your medical costs will be covered by PIP. For example, if you had $10,000 in medical costs, PIP will only cover $8,000 worth of your bills. Oftentimes, an individual’s health insurance will cover the outstanding balance, but if that individual does not have health insurance then they may be required to pay their medical bills out of pocket.
PIP will pay for 60% of your lost wages as well (subject to the $10,000 limit). This coverage includes hourly jobs, salaried positions or services like doing laundry, cleaning the house and taking care of pets. Your lawyer can seek payment for the other 40% of your lost wages from the at-fault driver in your personal injury claim. If you are seeking benefits under PIP for lost wages, then you are required to have your employer complete a wage and salary verification for that lists your gross wages for the 13 weeks preceding the incident. PIP will also cover $5,000 worth of death benefits, which are in addition to any medical or disability benefits provided under the policy.
If you have been injured in a car accident then you should contact the Law Office of Matthew C. Williams to discuss your rights and determine whether or not you are eligible to receive PIP benefits. Attorney Williams can also help you navigate the PIP insurance process to make sure you are receiving the maximum benefits under PIP. Depending on the facts of your case, we may be able to hold the at-fault driver or vehicle owner accountable for their negligence in a personal injury claim as well. There are many benefits to retaining a lawyer after you were injured in a car accident. Matthew Williams and his legal team focus primarily on personal injury matters and they take pride in having a personal relationship with their clients. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.