Frequently Asked Questions

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The statute of limitations in most personal injury actions in Florida is 4 years. This 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. 

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 in coverage. Therefore, if you are involved in an automobile collision in Florida, you may be immediately entitled to $10,000.00 in PIP benefits. 

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. 

Many business and property owners carry Med Pay insurance. Med Pay will pay your bills up to the maximum amount if you are injured on their premises. Although, very often, Med Pay insurance is not sufficient to  pay all of your bills. If The Law Offices of Rotstein, Shiffman & Broderick are  representing you, we will strive to get you the medical treatment you need. We will sign an agreement with your doctors to pay them from your settlement with your consent. Since our primary concern is your health, we will do everything possible to make sure you receive the medical  attention you need. 

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 Statute 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%,  the health insurance company must take at least 33 1/3% off of their lien. The Law Offices of Rotstein, Shiffman & Broderick will negotiate on your behalf  to ensure that the health insurance company takes as little as possible. 

 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.  The Law Offices of Rotstein, Shiffman & Broderick never charge costs or fees to a client if they do not receive compensation. 

The Law Offices of Rotstein, Shiffman & Broderick 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 can assist you in your selection. 

The Law Offices of Rotstein, Shiffman & Broderick 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. 

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

No matter where you live, if you are injured in the state of Florida, you have the right to seek compensation. You are free to seek treatment with your doctor wherever you live while The Law Offices of Rotstein, Shiffman & Broderick pursue your case in Florida on your behalf. 

Although our office is located in Central Florida, our attorneys handle cases throughout the state of Florida. At The Law Offices of Rotstein, Shiffman & Broderick our attorneys are permitted to practice throughout the state of Florida by the Florida Supreme Court and in the Middle and Southern District Federal Courts.