Frequently Asked Questions

 

• What is a statute of limitations?

• What does the term “no fault” mean?

• Why should I carry Uninsured Motorist Protection?

• I fell at a place of business, and I have no health Insurance, who will pay my bills?

• I received a letter from my health insurance stating they are seeking subrogation.

   What does that mean?

• What does contingency fee mean?

• How do I know what doctors to go to?

• My car is too damaged to drive, what do I do?

• I was in an accident over one week ago. I was feeling fine, but now I’m in pain. Is it

   too late to go to the doctor?

• I live out of state, but I was injured in Florida. Can I do anything about it?

• Can I reach one of the attorneys on the weekend?

• I was injured in North Florida, but your office is in Central Florida, can you help me?

 

What is a statute of limitations?

The statute of limitations governs the time frame in which someone may file a lawsuit. For example, the statute of limitations in most personal injury actions in Florida is 4 years. That means if you do not file a lawsuit against the responsible party within 4 years, you will be forever barred from collecting compensation. The statute of limitations in a medical malpractice case is 2 years. If you have any type of lawsuit you wish to file, you must contact an attorney immediately to determine what the appropriate statute of limitations is for your case.

 

 

What does the term “no fault” mean?

No fault insurance is also known as personal injury protection (PIP). Every person who owns a car in the State of Florida is required to carry PIP insurance. It is called no fault because your own PIP will pay a percentage of your lost wages and medical bills regardless of who was at fault for the accident. Every PIP insurance policy must contain at least $10,000.00 in coverage. Therefore, if you are involved in an automobile collision in Florida, you may be entitled to $10,000.00 in PIP benefits immediately.

 

 

Why should I carry Uninsured Motorist Protection?

Uninsured/Underinsured Motorist (UM) coverage is not required by the State of Florida, but it is an important part of anyone’s auto insurance policy. If you are involved in an auto accident, and the responsible party did not have insurance to cover your injuries, your uninsured motorist policy will pay for your injuries, even though the accident was not your fault. If the responsible party had some insurance, but not enough, the underinsured motorist provision of your UM policy will pay you above and beyond what the responsible person’s insurance carrier paid.

 

 

I fell at a place of business, and I have no health Insurance, who will pay my bills?

Many business and property owners carry medpay insurance. Medpay will pay your bills up to the maximum amount if you are injured on their premises. Many times, though, the medpay insurance is not sufficient to pay all of your bills. The Law Offices of Rotstein & Shiffman are representing you, we will make sure that you get the medical treatment you need. We will sign an agreement with your doctors to pay them from your settlement with your consent. Our primary concern is your health and we will do everything possible to make sure you receive the medical attention you need.

 

 

I received a letter from my health insurance stating they are seeking subrogation. What does that mean?

If your health insurance carrier pays for your medical treatment, they have the right of subrogation. This means that they have the right to be reimbursed for the money that they spent on your medical bills. However, Florida Statutes 768.76 states that the health insurance company must take the same percentage off their lien that the injured party had to pay in attorneys’ fees. So, if the attorneys’ fees were 33 1/3%, then the health insurance company must take at least 33 1/3% off of their lien. The Rotstein & Shiffman will negotiate on your behalf to ensure that the health insurance company takes as little as possible.

 

 

What does contingency fee mean?

A contingency fee arrangement is one in which the law firm receives payment based on a percentage of your recovery. Historically, attorneys charge by the hour and the clients pay the costs. However, an attorney may invest hundreds of hours and many thousands of dollars in costs. The attorneys fees and costs would be out of reach for most people who are injured, especially if they are not working due to the injury. The Florida Bar allows attorneys to work on a percentage basis so that anyone can afford to hire a lawyer for a personal injury case. Some law firms still make clients pay the costs of the lawsuit even if they do not recover money. Rotstein & Shiffman never charge costs or fees to a client if they do not receive compensation.

 

 

How do I know what doctors to go to?

The Rotstein & Shiffman will assist you in selecting the doctors that are right for you. Over the years, we have learned which doctors treat certain injuries effectively. We have also noted their credibility for in-court testimony. You are always free to go to the doctor of your choosing however, we will assist you in your selection.

 

 

My car is too damaged to drive, what do I do?

We will assist you in having your vehicle repaired and in obtaining a rental car. The responsible party’s insurance company will pay for this. In the event that the responsible party does not have insurance, we will contact your insurance company to verify that you have required coverage.

 

 

I was in an accident over one week ago. I was feeling fine, but now I’m in pain. Is it too late to late to go to the doctor?

Absolutely not, this is a common situation. Once you do feel the pain, it is important to see a doctor right away.

 

 

I live out of state, but I was injured in Florida. Can I do anything about it?

No matter where you live, if you are injured in Florida, you have the right to seek compensation. You may treat with your doctors wherever it is you live, and Rotstein & Shiffman will pursue your case in Florida for you.

 

 

Can I reach one of the attorneys on the weekend?

If you have been involved in an accident, and need to speak with an attorney after hours or on the weekend, call our office at (800) 525- 9139, and an emergency number is provided on our voicemail message. Please call us at that number and we will be happy to assist you.

 

 

I was injured on I-4 while on vacation but live in S. Florida, can you help me?

Although our office is located in Central Florida, our attorneys handle cases throughout the State of Florida. Our attorneys are admitted by to practice throughout the State of Florida by the Florida Supreme Court and in the Middle and Southern District Federal Courts.