Faqs

To have a personal injury claim, you must be able to show that you have been injured, either physically or emotionally, by someone else who has been negligent or has done something wrong – for example, someone who has broken the rules of the road or has designed an unsafe product.

Yes. In most cases, accident victims can recover money even if they are partly to blame for the accident. In California, this concept is known as “comparative fault” and the amount you recover in damages may be reduced if you are partly at fault.

Yes. You can still file a personal injury claim in California if:

• You are visiting the United States but are not a legal US resident or citizen
• You are an illegal immigrant or illegal “alien” living in the US
• You were injured as a result of someone else’s negligence

Florida courts have held that the immigration status of a plaintiff is should be irrelevant in a personal injury case. The only time the citizenship status is considered is if the plaintiff is trying to submit a “loss of wages or earnings” claim. Then the defendant can argue that there can be no claim for loss of wages or earnings, since the plaintiff was not allowed to be legally working and paid in the US.

Just like you should follow your doctors’ advice for treatment of your injuries, you should follow your personal injury attorney’s advice regarding your case. After you hire an attorney, you should direct any phone calls or correspondence from the defendant’s insurance company to your attorney’s office. You should also make copies of any other documents related to your case and mail them to your attorney. Finally, you should always keep your lawyer informed about any changes in your medical care/treatment, condition, work, or life in general that may affect your case. Your attorney should be available to answer any questions you may have throughout the duration of your case, and should notify you of important milestones regarding your case.

Once you have hired an attorney, the insurance company is no longer allowed to contact you directly. If an insurance adjuster calls you, advise him or her that you have retained an attorney and give that person your attorney’s name and number.

You should send copies of any documentation you receive to your attorney. That will allow them to monitor the payment of your bills and deal with any issues that may arise.

Insurance companies count on you not knowing the true value of your claim. They try to tell you what it is worth and settle with you for as little as possible before a knowledgeable attorney reviews the facts of the case. An experienced personal injury attorney knows how much money will be necessary to fully compensate you for your injuries, and will typically obtain a much higher settlement for you.

Your insurance policy may contain a provision called “subrogation.” This means that you are not entitled to receive double payment for your bills. When your case is settled, it generally includes payment for all medical bills incurred as a result of your accident, including those already paid by your health insurance. Since the at-fault party is responsible for all of your damages, your insurance company may have the right to be reimbursed for any payments it made. Eric can help you significantly to reduce the amount of money you must repay for your medical bills when you receive a monetary settlement from the negligent party. It is important to note that this area of the law is always evolving and you need an experienced injury attorney well-versed in this complicated topic to make sure your best interests are served.

Eric has represented many clients throughout the years with injuries ranging from minor to catastrophic. Unlike many personal injury law firms that do not have the experience and resources necessary to pursue catastrophic injury cases, he has years of experience bringing such cases to successful resolution.

The first thing you should do is discuss this with your doctor to explore any alternative treatments available for your condition. In addition, you should inform your attorney about this and any changes made to your treatment. In many cases, due to the volume of cases and injuries we have dealt with, our attorneys are able to recommend state of the art specialists for you to consult with. Making sure you receive the proper and best medical treatment to fully evaluate your injury may be one of the most important things your attorney can do.

The first thing you should do is discuss this with your doctor to explore any alternative treatments available for your condition. In addition, you should inform your attorney about this and any changes made to your treatment. In many cases, due to the volume of cases and injuries we have dealt with, our attorneys are able to recommend state of the art specialists for you to consult with. Making sure you receive the proper and best medical treatment to fully evaluate your injury may be one of the most important things your attorney can do.

Generally, after you have fully recovered from your injuries or (in the case of more serious injuries) when you have completed treatment with your doctor and he or she has stated that you are as well as you are going to be or have reached a plateau in your recovery, (what is usually called “maximum medical improvement”) you should contact your attorney and let him/her know. At that point, your attorney will get the medical records from the doctor(s) with whom you treated, and will begin the process of settling your case.

After all relevant information is obtained and you have been released from treatment or have reached a plateau in your recovery, a “demand letter” is written and mailed to the defendant’s insurance company. The demand letter presents the facts of the accident, your injuries, and the impact the accident/injuries have had on your life. The demand letter also requests a monetary amount to settle the case. Many claims settle at this stage. If, however, the insurance company refuses to compensate you fairly, a lawsuit may then be filed. Our attorneys will consult with you and get your approval at every step of this phase. If your injury is very serious or debilitating, or if the facts of your accident are complex or involve multiple parties or defective products, our attorneys may advise you to file a lawsuit without first attempting to settle with the insurance company. The attorneys at Demas Law Group, P.C., know that in complex or more serious injury cases, the only way to get the best results is to file a lawsuit and proceed toward trial. Insurance companies often times will only pay fair and reasonable compensation when the threat of a jury trial is looming.

No. This is why we obtain an opinion from your health care providers and other rehabilitation or medical experts on what additional care and medical treatment you will most likely require in the future and an estimate of what that care will cost. This amount is included in the amount of compensation we request from the insurance company during settlement negotiations.

We usually tell people that their case will be resolved as soon as the defendants agree to pay full and fair compensation for our clients’ injuries. Since every case is different, there is no way to give you an accurate estimate of how long it will take. Generally speaking, in cases with less serious injuries and good recovery results, one can expect the settlement process to move fairly quickly. However, in serious injury or wrongful death cases, our attorneys may need to work longer and harder to reach an acceptable result.