Personal Injury

INJURIES AND DAMAGES

Certain matters, such as personal injury cases, are taken on a contingency basis, which means the attorney's fee is based on a percentage of any settlement or verdict we obtain.  The personal injury cases we handle include libel and slander; invasion of privacy; pedestrian injuries; auto and truck crashes; bus accidents; motorcycle collisions; burn injuries; premises liability, including slip/trip and fall; damage from assaults; dog bites and animal attacks; employment; malpractice; nursing home liability; and, many others.

If you or someone you know has been injured in an accident, you do not want to be a victim a second time. In other words, you do not want to deal with an insurance company because they are interested in settling a case for the lowest possible sum of money. Remember, insurance companies are in the business to "make money" and produce profits for their shareholders, even if this means they do not pay an equitable amount of money to an innocent victim injured by their policyholder.  The insurance companies often justify these practices as good business. Dealing with an insurance adjuster can be frustrating and frightening. That's why it's a good idea to hire a lawyer to help you communicate effectively with the insurance company. In order to level the playing field, you need an attorney who is familiar with insurance law and the various statutes and case precedents that are applicable to your case. J. Scott Nooney & Associates is a law firm that cares about you and your best interests, now and in the future.

In order to collect damages in an accident, we search for those persons and entities that may be liable, in full or part. This may include the driver and owner of a vehicle in an automobile accident; the manufacturer of a vehicle or product that may be defective, which caused or contributed to the accident; the repair facility that was negligent in the repair of a vehicle; the architect who designed the street, road or parking lot, as well as the governmental entity that is responsible for maintaining the safety of a road or highway and fails to provide adequate lighting and/or adequate warnings; and others, as in the case of a bar that continues to dispense alcohol to a customer who is already under the influence.

Generally, insurance is the means by which an individual collects for his/her damages. There are various types of insurance policies, including general liability, automobile insurance, homeowner's insurance, umbrella policies of insurance, and medical or health insurance coverage. If the other person or entity does not have insurance or does not have enough insurance, we may look to your own insurance company to pay some or all of your damages. Either way, you can collect for your injuries.

The first step to your case is for your lawyer to investigate the case. This means obtaining the police report, witness statements, photos, medical bills, medical records, and wage verification. At J. Scott Nooney & Associates, we also begin the process of negotiating your case by placing the insurance company on notice by filing our claim for damages. We secure evidence of your activities of daily living and can produce a video, documentary or other format to create a story of how your injury has negatively impacted your life. Our goal is to personalize you in the eyes of the insurance company, as a human being who has sustained a loss, not just another 'case number' or statistic.

Although it is not uncommon to have conflicts between balancing one's work and personal schedule with the need to seek prompt, appropriate and continued treatment, it is essential that one does not discontinue treatment until one reaches a plateau in their recovery or is completely improved. At J. Scott Nooney & Associates, we do not want to begin serious negotiation with the insurance company until your injuries have stabilized enough to know what the permanent effects will be. One should not settle a case prematurely or before one knows the full extent of one's injuries.

THE DEMAND STAGE

Once our client reaches a stage in their recovery when their condition is evident, J. Scott Nooney & Associates proceeds with the negotiation stage of their representation by presenting a "demand package" to the insurance company. This brief contains various sections, including: (1) an explanation of "liability," which is how and why the other person is responsible for your injuries; and (2) a description of "damages," which entails an exhaustive narration of (a) the nature and extent of your injuries; (b) how you are likely to be affected by the injuries in the future; (c) the type of medical treatment you have had to date; (d) the type of medical treatment you will need to have in the future; (e) the cost of the medical treatment; (f) the nature and extent of lost wages or lost income to date; (g) the likely future lost income; and (h) any other damages you have suffered as a result of the accident. Lastly, the "demand package" will include all of the documentation you have given to us to support your claim.

At J. Scott Nooney & Associates, we end the "demand package" with a demand for a specific dollar amount required to settle each claim. We generally arrive at this computation by a combination of steps, including the following: discussing this with our client, reviewing past jury verdicts, and analyzing past settlements in the thousands of cases we have handled. The process of negotiation generally takes about 30-60 days. The claims adjuster will likely make an offer to settle your claim for far less than the amount requested in the demand letter. There will be a series of negotiations between the claims adjuster, his/her claims manager and your lawyer.

Generally, this process will continue until the claims adjuster has made a reasonable offer and it is an amount you are content with. Once a settlement is accomplished, the parties must sign a "release." This is a legal document that releases the insurance company from any further liability for the accident. At J. Scott Nooney & Associates, we meet our client in person to discuss the settlement process and the distribution of money to pay our attorney's fees, medical bills, and provide a detailed accounting of the amount of money that is paid to our client.

While the vast majority of insurance claims are settled at the claims adjuster level, over 95% of cases in Florida are settled without having to go to trial. There are various stages to a case if there is an impasse in the negotiation process. At that time a lawsuit is filed against the at-fault individual(s), then there are depositions (testimony by the client and other important witnesses), interrogatories (questions and answers in writing by the client and other important witnesses), production of documents, and other evidence exchanged between the parties. Eventually, mediation and/or arbitration is conducted. These are further attempts to resolve the case without the necessity of taking it to trial. Nonetheless, in 1%-2% of the cases, a trial is required because the insurance company and its attorneys fail to fully acknowledge liability and/or damages. 

MOTOR VEHICLE INSURANCE INFORMATION

In Florida and most states, the owner or driver of a vehicle must have motor vehicle insurance. This requirement provides some assurance that a person who is injured by the driver will receive some compensation for the injury. Most motor vehicle policies have several things in common. Motor vehicle insurance provides coverage for the named insured, that is, the person who is specifically named in the policy. Many policies cover the named insured no matter what vehicle he or she is driving. The insurance also usually covers the named vehicles-those vehicles specifically identified in the policy.

Depending on the policy, there also may be coverage for family members or persons who drive the named vehicles with permission. The policy may also cover, for a limited period of time, vehicles the named insured has purchased but has not yet put on the policy. The premiums for motor vehicle insurance are based on several factors. The age, gender, and driving histories of the named insured and family members are important determinants of the premium amount. Other factors include the type of car, the area where the named insured lives, and any theft deterrent or safety devices on the car. Many insurers also now offer reduced premiums to older drivers who have taken refresher driving safety courses. The coverage limits of insurance also factor into the amount of the insurance premium. Limits are usually phrased in terms of the maximum amount the insurance company will pay to a single person and the maximum amount it will pay for any one accident. A 50/100 policy, for example, means that the insurance company will pay any person injured in an accident up to $50,000. However, the insurance company will not pay more than $100,000 for any single accident, regardless of how many people are injured in that accident.

In Florida, when a person's injuries exceed the limits of the insurance, he or she may look to his or her own insurance (see underinsured motorist coverage below), or may seek additional damages directly from the person who caused the injury. When the amount of damage exceeds the policy limits, an injured person may try to combine several policies. For example, if the insured driver has a policy with one company, and the owner of the vehicle has a policy with another, the attempt to get both companies to pay up to the policy limits is known as stacking. Another type of stacking occurs when coverage limits for each of the multiple vehicles insured under a single policy are combined when one of the covered vehicles is involved in an accident. State laws regarding stacking vary considerably.

Motor vehicle insurance can cover several types of risk. A policy may contain some or all of these types of coverage. The risk of liability to another is covered under bodily injury liability or property damage liability. Bodily injury liability coverage pays for injuries the driver or the vehicle caused to someone else. This includes injury to a passenger, pedestrian, or the driver of another vehicle. Property damage liability pays for property damage caused to someone else's property, such as the other vehicle in a collision.

The risk of damage to the insured (and other covered drivers) is covered in several different forms: Bodily injury protection, or "BI", covers injury you or someone in your vehicle may suffer from a vehicle accident. Uninsured motorist coverage protects against the possibilities that the other driver is at fault but doesn't have liability insurance to pay the damage or is never identified and located. Underinsured motorist coverage pays the difference (up to the insured's limits of insurance) when the at-fault driver has liability insurance with limits less than the insured's actual injury. Collision coverage pays for damage to the insured's vehicle caused by a collision. This usually includes collision with another car, or even a stationery object such as a street sign or center divider. Comprehensive coverage will pay for damage to the insured's vehicle caused by something other than a collision, for example theft, fire, or flood.

WHAT TO DO IF YOU HAVE AN ACCIDENT

If you are involved in a car accident, you may or may not be physically injured, and you may be shaken up. If you are conscious and capable of meaningful conversation, you should try to talk to the other participants in the accident in order to make sure that they are okay and to make sure that you have necessary information from them. While the police who arrive on the scene may obtain this information as well, you should obtain your own version of the essential information from the other parties.

This information is not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.