What You Should Know About Your Car Accident Claim

What You Should Know About Your Car Accident Claim

Were you hurt in a car wreck? Learn what you should know about your car accident claim in this article. Then, call our Clearwater attorneys.

At Fault Collision

If a client tells me they think they may have been partially at fault in causing a motor vehicle accident but are not sure, first and foremost, I tell them we need to investigate to find out. We need to talk to witnesses that might have observed the accident. We need to see what the vehicle damage looks like. We need to see what the police report says. We need to do our own due diligence to find out.

You may have, indeed, been partially at fault, or partially responsible, or failing to use reasonable care. Florida law allows for what we call comparative fault, meaning that it’s not always a black and white analysis; it’s not always that clear-cut. Sometimes, a person may have a percentage of responsibility. Maybe it’s a small percentage; maybe it’s 5, or 10, or 20% of responsibility, and the other party involved in an accident is more responsible, 65, 70, 80% at fault or more, or maybe there’s a division of responsibility among more than two people. Maybe three people are involved or may have been involved and failing to use reasonable care under the circumstance.

If you have any questions about whether or not you failed to use reasonable care that might have contributed to your own injuries, give us a call here at Perenich Law Injury Attorneys. We’ll look at all the evidence and we’ll advise you. If it’s in your best interest to pursue a claim, we’ll let you know about that. If it’s not in your best interest, we’ll also tell you that as well.

Affording a Car Accident Lawyer

When a client tells me they can’t afford it but need legal representation in a car accident claim or other type of personal injury claim, first and foremost, I say to that person, we handle our cases such that you owe us no upfront attorney’s fees or even cost. Our fees are reasonable, and they’re contingent fees. That means that we’re only going to charge a client fees if we win the case.

Our fees are reasonable. They comply with The Florida Bar rules for reasonable attorney’s fees. We don’t overcharge our clients. We do not charge our clients upfront fees in any kind of an auto accident case, or in a medical malpractice case, or a premises liability claim, or anything of that nature.

If you can’t afford a lawyer and you’re worried about how you are going to pay for the lawyer’s fees, come talk to us here at Perenich Law Injury Attorneys. We will explain to you that if you have a solid case and there’s insurance money that’s available, you’re not going to have to have any concerns about paying for your attorney’s fees. They’re going to be a contingent fee which will be reasonable under The Florida Bar rules and will only be charged to you if we win the case and make a financial recovery for you. Come talk to us here at Perenich Law Injury Attorneys if you have any questions about attorney’s fees. We’re here to help you through this process to make sure that you’re treated fairly and you get all the compensation that you’re entitled to under Florida law.

Releasing Medical Records to Insurance Companies

Just this morning, I got a telephone call on my mobile phone from a client who was referred to me. He had been injured in a car accident over the weekend. Every day since the accident, he was getting calls from the insurance companies, including the insurance company for the other motorist who ran a red light that caused the accident.

One of the questions that they were asking is if they could get him to sign a release to obtain all of his medical records— not only those related to the injuries from the accident, but everything. He was right about to email it over to this insurance company when he finally decided, maybe I should listen to what my friend said and call Terence. He called me and he asked me that question. I said, “Sir, whatever you do, please do not send that over to this insurance company.”

Now, it’s not because we’re trying to hide something or because they’re not going to get the relevant and pertinent medical records at the right time, but to put the case together for your best presentation if you’ve been injured in an accident, we want to control the evidence. We do not want a release that would be overbroad where they could go and talk to your doctors or start hiring their experts and getting a head start on trying to dismiss or water down what your injuries are. Under no circumstances should you sign any type of a release, including a release to provide your medical records, history, or communications with your doctors to the other insurance company.

What we’re going to do when we represent you is get all of your medical records. You may have had past injuries; you may have had other conditions, including degeneration, arthritis, or other potential medical complications that might make your injury worse or might even show some of the same symptoms that were caused by the injury of the negligent driver. Without qualified medical experts examining these records and giving their opinion about the true cause of your symptoms, your injuries, and your limitations, you’d be giving away your claim.

It’s a process. It requires the involvement of good doctors and experts who have a record of providing sound testimony in court and can present your full, medical picture to the jury. Do not give it over to the insurance company. We’re going to present the evidence.

The judge will decide what the jury hears. It will be fair for both sides and it will be controlled. Because we do it in a systematic way, we’re best positioned to get the best recovery for you.

I’m here today in my Clearwater office. Call me on my mobile phone. Let’s start talking. Let’s start making some good decisions early on for the best outcome down the road.

Steps to Take After a Car Accident

When I’m contacted by clients who have just had an accident and are in their car in a state of shock, I say, “Listen, if you’re injured and you know you’re injured, it’s best to wait in the vehicle for help to get there so that you can get out of the vehicle and get the emergency help that you need. If you’re injured, but you can safely drive your vehicle and take it off the road safely, then please do so. Obviously, remain at the scene. Wait for law enforcement to arrive.”

It’s best not to have any conversations with any people there at the scene. Cooperate 100% with law enforcement. If you’re feeling that you need to get medical treatment and attention and an ambulance is there and they’re recommending that you go to the hospital, please take that advice. Do not try to go it alone. They’re there for you. They’re advising you of what your best options are for that medical care and treatment.

It’s best to document the scene, if you can, by taking pictures of the damages to the vehicles there at the scene. If there’s a witness there that is waiting for law enforcement to arrive and they don’t want to wait any longer, get a picture of their driver’s license so that they can go on their way and you can give that information to a law enforcement officer. Cooperate 100% with the officers that investigate the accident. Make sure you get prompt medical attention.

After you’ve done all those things, contact us at Perenich Law Injury Attorneys. We’re here to help you as your advocate to make sure that you get the compensation that you deserve from an accident that you did not cause that you’re suffering from. We’re here to help you through this process. We’re here to give you our legal experience that we’ve provided to hundreds and thousands of clients over the years to make sure that you indeed receive everything that you’re entitled to under Florida law.

Were you or a loved one involved in a crash in Clearwater and have questions about what you should know about your car accident claim? Contact our experienced Clearwater Car Accident Lawyers at Perenich Law Injury Attorneys today for a free consultation and case evaluation.

Our law firm handles cases for victims wrongfully injured by the negligence of others. Let us fight for you and your family.

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