 Personal
Injury Attorney
Injury claims can come from when
you are injured through the fault of someone or something
else. They could involve: automobile accidents, slips and
falls, dog bites, motorcycle, boat, PWC or airplane accidents,
nursing home abuse, medical malpractice, defective products,
or even wrongful death. You may collect for damages related
to: unpaid medical expenses, future medical expenses, your
pain and suffering, scarring or disfigurement, lost wages due
to your accident-related inability to work, emotional duress,
your attorneys' fees and costs, and for any liens placed upon
your claim by your health insurance company for
accident-related medical bills and prescription medicines they
may have paid. Your spouse may collect for the effect your
injuries have had upon your relationship and also for
household chores you are no longer able to perform because of
your injuries.
Personal Injury
FAQs
Types of Personal
Injuries
Serious Injuries
and Wrongful Death
Drowning, Brain Injuries, Spinal Cord Injuries, Amputations,
Serious Burns, Loss of Sight or Hearing.
Accidents
Automobile, Truck, Tractor Trailer, Motorcycle, Bus,
Train, Airplane, Bicycle, Moped, ATV, Pedestrian Accidents.
Boating, Maritime, and Admiralty Accidents
We can assist all Seaman, Crewmen, Longshoremen, Boaters or Cruise Line Passengers or Crew
including claims under The Jones Act or recreational boater
claims or similar incidents.
Premises Liability
Slip & Fall, Assaults, Unsafe Conditions in Buildings
These types of claims and lawsuits
arise when people are injured by the negligent, careless or
intentional acts of others or injured from defective products.
Dog Bites
and Animal Attacks
Dog bites and animal attacks occur
much more frequently than you would suspect – with millions of
people are bitten by animals each year.
Medical or Dental Malpractice
Medical or Dental Malpractice claims and lawsuits arise when
people are injured by the negligent or careless actions (or
omissions) by medical providers.
Products Liability /
Dangerous or Defective Products or Drugs
People oftentimes sustain serious
injuries (or even death) due to dangerous or defective
products or drugs.
Employment Accidents & Injuries
Job Accidents or Injuries, Workman’s Compensation,
Construction Accidents
Protect your legal rights by
consulting with an aggressive and experienced attorney, Joseph
A. Porcelli, Esq. Attorney Porcelli is licensed to practice
law in the States of Florida, New Jersey and Pennsylvania as
well as the Federal District Court of New Jersey and the
Federal District Court of Florida (Middle District) and will
be able to assist you in any of your legal requests.
Call Us Today – Toll Free at
877-529-9191 or submit the
FREE Case
Evaluation Form for your
Personal Injury case.
Personal Injury Frequently Asked Questions
The answer to this difficult
question is a result of at least three different legal issues:
a) Negligence: who was at fault?; b) Damages: how badly were
you hurt?; and, c) Coverage: how much coverage do the parties
have on their insurance? A fourth issue might be bad faith,
which is too complicated to cover in this limited FAQ, but
would add value to your claim, should circumstances align
themselves properly to allow for its pursuit. However, even
knowing all this information, it would be a disservice to
attempt to forecast a value until the adverse party(ies)'
legal positions on these issues are known. In all instances,
though, it is HIGHLY recommended you NOT depend upon a
recovery, and continue to plan your economic well-being based
strictly upon your own means. Also, the timing of a recovery
cannot ever be forecast, as many claims will require
time-consuming litigation to resolve.
This is again a function of
liability, injuries, and coverage. For instance, if you were
injured so severely, and through no fault of your own, that
you required airlift from the scene of the accident to
hospital intensive care, and the extent of coverage was
minimal, your case should settle right away. This does not
happen often, though, and the value of claims can be contended
through pre-suit negotiations and well into litigation. The
rule throughout this process is to allow your attorney
sufficient time to wring as much value from your claim as
possible. Insurance companies will delay the resolution of
your claim in order to gain leverage, so you MUST allow your
attorney time to adequately resolve your claim. If you place
an artificial time limit upon your attorney, the amount of
recovery can be substantially less.
If your claim does not involve
bodily injury, you MAY not need an attorney. However, as
friendly and as helpful as the insurance adjuster sounds on
the telephone to you, never forget his/her job is to pay as
LITTLE as possible for your claim. This adjuster is NOT
working for you as an attorney would be, and knows full well
the added value an attorney brings to each injury claim. Also
remember to NEVER give a recorded statement until you have
consulted with your attorney.
There are no fees or costs unless
you receive compensation from the insurance company or other
responsible party. You will never pay any legal fees or costs
upfront in a personal injury or wrongful death case. Fees and
costs are paid out of the money received from an out-of-court
settlement or from damages awarded at trial. If we don't win
your case, you owe nothing.
Costs to prosecute your claim will vary entirely upon the
amount of time required to resolve it. Litigation costs are
much greater than pre-suit costs. Jury trial costs are much
greater than litigation costs. Accordingly, we will always try
to reach a pre-suit resolution to your claim whenever
possible.
The term “contributory negligence”
is used to describe the actions of an injured person that may
have also caused or contributed to his injury. The extent of
these actions are usually noted as a percentage of 100%. For
instance, if you were rear-ended in a motor vehicle accident
(normally a presumption of negligence against the other
party); however, you neglected to wear your seatbelt, you
could be assigned a percentage of the overall fault.
Therefore, any recovery a jury could potentially award would
be multiplied by this percentage, thereby reducing your
recovery to the extent you contributed to your injuries.
If the injuries sustained in your
accident are similar to a previous injury from an unrelated
incident, you should not expect to receive compensation for
the full value of such injuries. You may expect to receive
compensation for the extent to which those injuries were
aggravated; however, this is a prime opportunity for the
adverse insurance carrier to deny your claim and force your
claim into litigation.
Personal injury cases are handled
on a contingency fee basis. Payment for our legal
representation is contingent on our reaching a successful case
resolution in the form of either a verdict or settlement on
your behalf. In the event of a successful case resolution, we
will take a pre-determined percentage of the recovery as
payment. This pre-determined percentage will be described in
great detail in our contract of representation we present to
you at the beginning of your case. If we do not obtain
financial compensation on your behalf, you owe us nothing for
our services.
The Florida Bar strictly prohibits
your attorney from loaning you money for any reason. There are
certain business entities, however, you may expect to receive
solicitation from throughout the duration of your claim. These
companies will offer to advance you YOUR own money until the
claim is settled. This practice has been the subject of much
discussion within the Florida Bar and ethical opinions have
been issued as a result. Most attorneys, as we do, will
strongly attempt to discourage you from entering into such
agreements with these kinds of companies. As these companies
are trying to lend you YOUR money, they have the legal
opportunity to charge interest rates approaching 100%! They
are taking a calculated guess that your claim will lead to a
certain net recovery and will lend you a calculated amount
that, with interest, may consume the entire net portion of
your settlement, leaving you with nothing.
As stated before, it is HIGHLY
recommended you NOT depend upon a recovery, and continue to
plan your economic well-being based strictly upon your own
means. Also, the timing of a recovery cannot ever be forecast,
as many claims will require time-consuming litigation to
resolve. |
