Legal FAQ’s

This will depend on the specific nature of your injuries and cannot be ascertained until your case has been thoroughly investigated. Contact us today to schedule a no cost evaluation of your case.

You can still get damages from someone else who was at fault for the accident. The damages may be reduced to account for the pre-existing condition, but you can hold another person or entity accountable for aggravating the condition. Someone who interacts with you takes you as they find you, so the question of whether someone without your condition would have been injured is irrelevant. That said, these cases tend to be more complex and may require the assistance of experts, so hiring an attorney may be especially important.

Many people have heard the term “no fault insurance” but are unclear about what it means. When a driver has been in an accident, no-fault auto insurance allows the driver to collect from his or her insurance company…no matter who was at fault.

Part of the confusion occurs because the term “no-fault “is sometimes used about any auto insurance system where each driver’s own insurance company pays for certain losses, regardless of fault. The term “no-fault” actually applies only to states where insurance companies pay “first-party” benefits and there are restrictions on the right to sue.

You should also know that if you have a no-fault insurance policy, it is probably called a personal injury protection (PIP) package. PIP insurance pays for the medical expenses of the insured driver and the passengers who were injured in an auto accident. PIP insurance typically covers things like medical bills, wage loss and funeral expenses, but not pain and suffering or vehicle damage. This varies by state and particular insurance policy. The PIP packages have limits on what they will pay.

How you handle the situation after a motor vehicle accident can make a significant difference in your monetary recovery. Dealing with auto insurance companies can be especially complicated. Since the no-fault and fault insurance systems vary widely by state. Speaking with an attorney from Overchuck Law Firm can clear up the confusion that these various systems can cause. Contact Overchuck Law Firm for a confidential and realistic assessment of your case.

If you or a loved one is injured in a vehicle accident:

• Call 911 even if your accident seems minor
• Seek medical attention for any injured drivers or passengers
• Unless necessary, do not move the vehicles until the police arrive
• Write down the names, addresses and phone numbers of all parties involved, including any witnesses
• Make sure you write down the names and badge numbers of any police officers that are investigating the accident
• Photograph the vehicles and any injuries sustained by you or your passengers
• Do not admit fault
• Immediately notify your own insurance company of the car accident
• Call Overchuck Law Firm 24/7 at 407-900-2344.

Do not discuss the accident with anyone except the police or your own insurance agent or representative; you are not required to give a statement to anyone but the police and your insurance company. Contact your personal injury attorney immediately. This is important for protecting your rights to accident damage compensation. Damages can include the obvious medical expenses, but also can include property damage, pain and suffering, loss of income, therapy fees, special equipment costs and a raft of future expenses. Future expense calculations may need to be figured up by an expert witness, who is provided by your personal injury lawyer. Future damages include loss of potential income, loss of companionship and guidance, loss of future inheritance and future medical/dental bills.

In Florida, insurance companies offer what is call uninsured/underinsured motorist coverage. This coverage provides protection for personal injuries that are caused by the negligence of a person with insufficient insurance to cover the costs. In order to be protected by this type of insurance, you have to carry it on your own policy. In the very small number of situations where a negligent driver is uninsured, your uninsured/underinsured motorist policy holder will be liable for the damages you incur. These claims often operate in exactly the same way as a normal personal injury case, with the difference being that you are recovering from your own insurance carrier. It is very important to remember in these situations that the representatives from your own insurance carrier are not out for your best interests. Just like every insurance adjuster, they will be looking to minimize the insurance company’s loss. Contacting our experienced personal injury attorneys to represent you in these situations is the best way to ensure that you are protected.

In addition to medical bills, lost wages, and damage to your vehicle, you may get reimbursed for:

• emotional distress
• pain and suffering
• loss of enjoyment  (if you can no longer enjoy or participate in activities, hobbies, sports, etc.)
• loss of property in your vehicle or on your person at the time of the accident

At Overchuck Law Firm, we represent all of our clients on a contingency fee. That means we don’t get paid unless you win. The consultation is absolutely free, and after you hire us there are no out-of-pocket expenses.