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Frequently Asked Questions

We’ve outlined some frequently asked legal questions and answers from our attorneys to help you better understand your rights and our firm’s approach to representation. The information below is provided for general informational purposes only and does not create an attorney–client relationship.

Personal Injury FAQs
Will I have to go to court for my accident case?
It is unlikely your case will end up in an actual trial.  It is generally accepted that only about 3% of filed lawsuits actually end in a trial.  A vast majority of these cases get settled through mediation and/or negotiations that occur before trial.  Some cases even settle without an actual lawsuit being filed. 
Florida does not require auto owners to carry liability insurance if they cause injury due to causing an accident. Therefore, every Florida auto owner should carry some UM/UIM coverage to protect themselves. This allows you to still recover your damages if injured in a car accident that is not your fault.
Florida is a no-fault state so 80% of your bills are paid through your PIP coverage on your auto accident policy. We recover the other 20% of your medical expenses from the the at-fault driver’s insurance company as well as your non-economic damages such as pain and suffering.
If you are injured in a Florida car accident case and have been found to have a permanent injury, you are entitled to recover non-economic damages in addition to your medical bills and lost wages. Pain and suffering is one of the categories of the non-economic damages that you can recover. Some of the other non-economic damages that you can recover are emotional distress, loss of enjoyment of life, disfigurement and scarring and inconvenience.
If you are injured in a Florida car accident case and have been found to have a permanent injury, you are entitled to recover non-economic damages in addition to your medical bills and lost wages. Pain and suffering is one of the categories of the non-economic damages that you can recover. Some of the other non-economic damages that you can recover are emotional distress, loss of enjoyment of life, disfigurement and scarring and inconvenience.
In Florida personal injury cases, attorneys take the cases on a contingency fee contract meaning the attorney only gets paid when the case settles. The attorney gets 33.33% of the settlement if the case settles before filing an actual lawsuit. If an actual lawsuit is filed and answered, the attorney gets 40% of the settlement or verdict. The attorney never gets paid in a personal injury case unless the case is settled or a verdict is obtained.
The attorney typically pays the costs up front and as they accrue in the case, but the costs will come out of the client’s share of the settlement/verdict when the case is resolved. The client will never have to pay back the costs unless there is a settlement or verdict.
In most Florida jurisdictions, mediation is mandatory before you can go to a jury trial. Mediation is an informal process where all of the parties and their lawyers meet with a court-appointed neutral mediator to try to settle the case. Mediation is often very effective in resolving cases or at least leading to further negotiations to settle the case.
Yes, in some circumstances you may have a claim against both parties so it’s important to speak with a lawyer before giving any statements.
Find the same year, make, model and similar mileage for sale in a 100-mile radius and save three listings to provide to the property adjuster assigned to your case.
Yes, most firms have support staff receiving intake calls who cannot provide legal advice. Our firm ensures you speak with an attorney right away on your personal injury claim.
Yes, document everything you can. This includes the vehicles, the scene etc.
Yes! Witnesses are key. Obtain their contact information and what they saw. This could help later on if liability is disputed.
Yes, take pictures of any bruising, swelling, redness, cuts etc.
Yes, this is important. The police will help document what happened and show who was at fault. This is crucial in your case.
Yes, it is helpful to keep the shoes you were wearing in the fall.
Yes, take pictures and videos if possible to show what caused your fall.
Yes, get a copy of the incident report. If they cannot give you a hard copy, take a picture of the form.

Yes! If they show you the video of the fall, ask if you can take a video of it on your phone.

Generally, no. The only thing you can speak with them about is the property damage. If they ask about injuries or medical treatment, tell them you need to speak with your lawyer before talking with them.
Generally, no. It is best to speak with a personal injury lawyer first about the case. Most of the time, insurance companies are trying to pay you as little as possible so that the case will be deemed “settled” and you cannot ask for more if your injuries get worse.
Absolutely. A personal injury lawyer with trial experience is a must, as it will ensure the insurance company takes your case seriously.
Yes, absolutely.
Absolutely. Fighting an injury case on your own is an uphill battle which is highly likely to be un-successful. Obtaining a seasoned personal injury lawyer with courtroom and trial experience is a must to ensure you recover the actual value of your case.
If an attorney gives you specific numbers early on, it is likely just a sales tactic. There are a numerous factors that can materially influence the amount of your recovery throughout the course of your case. Here at Woolsey Morcom, we go above and beyond the competition to provide your case with the boutique care of a small firm, while we utilize large-firm resources, as we seek to maximize your recovery.
If you can, immediately take pictures, call law enforcement, and exchange information with the at-fault driver. Be mindful of who you speak with, and what you say. You should immediately seek medical treatment if you are injured, and contact an attorney.
That can vary. Ordinarily, probably not, but if you have concerns that you could become a party to the case because one side or the other would sue you, or a third party would sue you because of what your testimony is, then it absolutely can make sense to have a lawyer. Also, if there’s any criminal implications to your testimony, you absolutely want to have an attorney. If you’re not sure, talk to a lawyer and the lawyer can help you figure it out.
It depends on each case’s facts and circumstances. Most doctors can’t determine future outlook until about six months minimum after an accident. If a lawsuit is filed, cases can last well over one year before resolution.
There’s something called the best evidence rule. In Florida’s evidence code, it requires that originals are used, although, in reality, the code explains the only time that originals are needed are, generally speaking, original promissory notes reflecting a promise to repay funds, and in the instance that someone has passed away, the original will.
Information gathering about the accident, who has information and how to contact them, medical treatment, past injuries, roadmap, typical timelines, how the process works, and answering questions.
What do I have to prove to recover damages in a Florida slip and fall case?
You must prove that a business or landowner was negligent in creating the condition that caused your fall. Specifically, a business owner in Florida has a duty to maintain its premises in a reasonably safe condition and a duty to warn of a dangerous condition that they knew or should have known about. An injured party cannot recover damages just because they fall at a business or on someone else’s property. Negligence must be proven.
You must prove that a business or landowner was negligent in creating the condition that caused your fall. Specifically, a business owner in Florida has a duty to maintain its premises in a reasonably safe condition and a duty to warn of a dangerous condition that they knew or should have known about. An injured party cannot recover damages just because they fall at a business or on someone else’s property. Negligence must be proven.
You can recover economic and non-economic damages in Florida if you prove that another party was negligent in causing your injuries. Economic damages are past and future medical bills and lost wages. Non-economic damages are the intangible, human damages such as pain and suffering, emotional distress, inconvenience, loss of enjoyment of life and diminishment of earning capacity.
If you have any pain or have been injured after your car accident, you should go to a doctor for a medical evaluation right away. In a Florida car accident, you must get treatment within 14 days of your accident in order to have your no-fault PIP benefits pay for your treatment. In Florida, your PIP benefits on your own car insurance policy will pay up to $10,000 at 80% as long as you start treatment within 14 days. In Florida, you must go through your own car insurance first for payment of your medical bills. Your health insurance will not pay until your PIP benefits have been exhausted. Therefore, it is very important that you report your car accident to your own car insurance company right away. They will give you a claim number right away which you then need to give to any and all doctors that you treat with for your car accident injuries.
In Florida, the owner of the vehicle can also be responsible for your damages in your car accident case if different from the driver. Additionally, the at-fault driver’s employer could be responsible for an injured party’s damages if the at-fault driver was driving a company vehicle.
The statute of limitations in Florida for personal injuries cases is 2 years. Therefore, you must file your Florida personal injury case within 2 years of the accident date. If you do not, then you are barred from pursuing your personal injury case.
This can take anywhere from a few months to several years. The timing of getting to a settlement largely depends on how much treatment and the type of treatment a client gets. A lawyer should never settle your case until all of your treatment has been done and all procedures have been completed to treat your injuries. Other factors that can affect the timing of your settlement is how much liability insurance is available, how settlement negotiations go and whether an actual lawsuit has been filed.
This will depend on your goals, insurance coverage, and the complexity of your case. Some cases can be resolved in just a few months, but courts today are setting cases out for trial within 12-18 months. While we are a trial and litigation firm, most cases settle before trial.
No. Let us handle that.
We provide a boutique-style service with large-firm resources. Our attorneys have extensive trial and courtroom experience, and are not afraid to litigate a case in order to maximize your recovery. Our trial attorneys are former state prosecutors and former insurance defense attorneys. Insurance companies are aware of this when we go up against them.
Yes!
Yes, under Florida’s PIP law
Yes, these are INJURY cases. Not inconvenience cases.
It depends on a number of factors, but the longer the case and treatment progresses the more valuable it is usually.
This is a case by case bases but damages such as medical bills and out of pocket expenses are strong indicators.
It depends on the specific facts and circumstances of your case. Each case is different, each person is different, and each person may respond to trauma or medical treatment differently than someone else. Our attorneys work with each client based on the specific facts and circumstances of his or her accident and his or her life.
The vast majority of cases do not go to trial. Typically, 97% or more of cases do not go to trial. However, some cases do. Our attorneys are specifically trained to prepare cases for trial to put clients in the best position possible.
Sometimes the at-fault driver doesn’t carry bodily injury liability coverage. There are other ways to collect money, such as uninsured or underinsured motorist coverage. We exhaust all avenues to determine if there is insurance coverage available, which gives clients the best chance of financial recovery to compensate them for their injuries.
Yes, just because surgery is not required does not mean someone is not seriously hurt or entitled to damages for medical treatment and pain and suffering.
Many times, yes. The amount of property damage is certainly relevant and something to consider, but there are many other factors affecting the extent of injuries someone sustains in a car accident. People can unfortunately be injured from car accidents that do not show much visible property damage.
Most likely yes. Hospital X-rays and CT scans often only search for fractures and life-threatening injuries. Many things like disc herniations may not show up. There are different ways to assess injuries, including MRIs and physical examination.
We typically prefer clients do statements with an attorney present. Recorded statements are often poorly transcribed and questions (usually over the phone with an insurance adjuster) can be vague or difficult to understand.
Yes, insurance companies assess risk. If they know the lawyer has trial experience and success, it means more risk for them. If they know the lawyer will never take a case to trial, it is less risk for them.

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